Legal recourse

According to the Danish constitution, the courts decide on the scope of power entrusted to administrative authorities. This means that following an administrative procedure, recourse to the general courts is open all the way up to the Supreme Court. These stages of appeal are used infrequently in practice, but are nevertheless resorted to from time to time, even in dealing with purportedly simple issues of unemployment insurance. 

In principle, there is no distinction between active measures applied to recipients of different types of social security benefits. Initiatives to facilitate entry into the labour market for social assistance recipients, unemployment benefit recipients and sick benefit recipients are meant to be similar even though the unemployed belong in different systems depending on the unemployment insurance and the reasons for the lack of job. 

In Denmark activation has encompassed a great variety of education and job training schemes for the unemployed. The most important schemes, which in principle could be combined in a number of different ways, are the following  

In addition to these activation programmes, there are a number of other programmes which aim at helping people with disadvantages to get a job  

Though the measures for people on unemployment insurance and on social assistance in principle are similar, recipients in different insurance categories often receive different offers. Social assistance recipients often participate in individual unpaid job training in special projects for unemployed or in a firm, while people on employment insurance get public or private job training in subsidised jobs or ordinary education. Over the years since 1993, the use of different measures has 

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If these suggested recourses are not available, or if the counselor is not a member of or licensed by a professional organization, then legal recourse may be appropriate. If a criminal act has been committed, you may wish to contact law enforcement officials. If a law has not been broken, but you feel your rights have been violated, then you may wish to seek an attorney for civil action, such as malpractice. 

The question is what is the institution able to do if faculty do not fulfill their corporate contracts. There is no recourse. The universities are simply not inclined to fire tenured faculty for violations of that kind. In some cases the institution reimburses the corporation. In other cases the institution negotiates some exit strategy that both parties can live with. In some cases real legal recourse is taken. This is a major problem. 

If the lawfulness of a dismissal is contested, the available options for legal recourse are not readily straightforward. 

Upon receipt of a PMN, EPA has little direct recourse for requiring a company to develop and otherwise provide more production and use information. Section 5(e) is EPA s major legal authority for obtaining additional information, and that section focuses upon health and environmental effects data, rather than exposure information. 

Recourse to the precautionary principle does not necessarily mean adopting final instruments designed to produce legal effects that are open to judicial review The decision to fund a research programme or even a decision to inform the public about possible adverse effects of a product or a procedure may themselves be inspired by the precautionary principle.40... 

The major problem that I had as the vice president for research is that I often entered into a legal corporate agreement between, for example, the University of Utah Corporation and Eastman Kodak Corporation, for the performance of certain tasks and certain activities. These tasks were wholly dependent on the activities of the university faculty, in whose interest I was signing this contract. If that contract were not fulfilled, I had no recourse as a corporate officer in trying to resolve that difficulty with my faculty. 

Arbitration. Can provide an alternative mechanism for settling disputes without recourse to legal action. 

If the legal action involves a question concerning relations between the social partners, the earlier mentioned Labour Court will have exclusive jurisdiction. Workers nevertheless have recourse to the general courts if their wage claims constitute the sole issue and the competent trade union fails to take appropriate action. If a matter in its entirety is subject to the jurisdiction of the arbitration tribunals under labour law, the Labour Court can refer the matter to these tribunals, unless the parties agree to have it adjudicated by this Court. 

As already mentioned, the relevant statutory provisions are part of the criminal law, and prior to 1974 the only recourse available to an inspector faced with a recalcitrant employer was prosecution. The Health and Safety at Work Act introduced two new sanctions the improvement notice and the prohibition notice, to assist in securing compliance with the safety standards. An improvement notice requires that certain matters be remedied within a specified time. A prohibition notice requires that a particular activity, deemed to involve a risk of serious personal injury, cease until the situation has been resolved. In many cases, notice procedure is more effective in improving standards than is prosecution, but the serving of a notice does not preclude legal proceedings. Failure to comply with a notice is, in itself, an offence. 

As to the interference of the revenue laws of the Union, and of its members we have already seen that there can be no clashing or repugnancy of authority. The laws cannot therefore in a legal sense, interfere with each other and it is far from impossible to avoid an interference even in the policy of their different systems. An effectual expedient for this purpose will be mutually to abstain from those objects, which either side may have first had recourse to. As neither can controul the other, each will have an obvious and sensible interest in this reciprocal forbearance. And where there is an immediate common interest, we may safely count upon its operation. When the particular debts of the States are done away, and their expences come to be limited within their natural compass, the possibility almost of interference will vanish. A small land tax will answer the purposes of the States, and will be their most simple and most fit resource. 

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