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1
Niedobitek, Matthias. "The German Bundesrat and Executive Federalism." Perspectives on Federalism 10, no. 2 (June 1, 2018): 198–214. http://dx.doi.org/10.2478/pof-2018-0023.
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Abstract The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives of the two federal tiers and the Länder executives within the Bundesrat play a major role in making joint decisions. They are forced to make decisions in the ‘joint-decision mode’ (Politikverflechtung) which is detrimental to accountability. Reform efforts were made to unbundle competences and to reduce the number of bills which require the Bundesrat’s consent. Due to the dominance of the executives and the distribution of powers between the federal tiers (legislation is dominated by the Bund, execution is dominated by the Länder), German federalism is rightly called ‘executive federalism’. German federalism can even be regarded as an embodiment of that concept since it covers all possible aspects of ‘executive federalism’. The Bundesrat has an important share in that classification.
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Głowacki, Krzysztof, Christopher Andrew Hartwell, Kateryna Karunska, Jacek Kurczewski, Elisabeth Botsch, Tom Göhring, and Weronika Priesmeyer-Tkocz. "The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland." Law and Development Review 14, no. 2 (June 1, 2021): 359–400. http://dx.doi.org/10.1515/ldr-2021-0043.
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Abstract The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.
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Krüper, Julian. "Strukturprobleme des Glücksspielrechts." Die Verwaltung 54, no. 1 (January 1, 2021): 37–71. http://dx.doi.org/10.3790/verw.54.1.37.
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Comprised of a plurality of legal actors and powered by a highly polarised social and legal discourse, German gambling law provides a framework for the ever booming gambling market. It is challenged by digitalization and by the internationalization of gambling. In addition, it faces adverse regulatory impulses, ranging from liberalization to a firm regulatory grasp within a couple of years. On the one hand, it purports to offer a sufficiently attractive supply of gambling products in order to draw the public into legal forms and away from illegal forms of gambling. On the other hand, its regulatory objective seeks to fence in and suppress the gambling urges of the population. On the whole, German gambling law is characterized by three, legally and factually interdependent problems. First, it needs to come up with a practical, inclusive and dynamic legal definition of its subject-matter, i. e.: what counts as legally relevant gambling? Second, it needs to define, maintain and implement larger objectives in regard to a target audience that do not overburden the executive und judicial branch with the need to reconcile contradicting regulatory impulses. Finally, it needs to guarantee a sufficient degree of implementation, which is achieved by combination of rational and high-quality legislation, adequate resources, and the necessary political will. Gambling law in Germany lacks these features to varying degrees. It, therefore, increasingly falls prey to mere legal symbolism that pretends to govern the gambling market much more than it actually does. The constitutional distribution of legislative and executive competencies in favor of the German Länder (“states”) is largely insufficient. Governing gambling in an international and highly digitalized market requires federal legislation and execution. The German federal authorities should consider federalizing gambling law by means of Art. 72 II GG and creating a federal gambling agency on the basis of Art. 87 III GG.
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Álvarez Álvarez, Leonardo. "La coerción federal en la Ley Fundamental. La recepción de una categoría clásica del sistema descentralizado alemán." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 285. http://dx.doi.org/10.5944/trc.43.2019.24419.
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Este trabajo analiza la categoría de la coerción federal en la Ley Fundamental alemana. La coerción federal atribuye al Estado central la facultad de responder frente a la infracción de las obligaciones federales por parte de los Estados federados. La doctrina apenas ha construido una teoría de la coacción federal vinculada a la vigente Ley Fundamental, sino que ha asumido, con carácter general, los resultados de la ejecución federal. Una categoría que encuentra su origen en la época de la confederación alemana del siglo xix y en un concepto de Constitución y de sistema descentralizado distintos a los asumidos en la vigente Constitución.This paper analyses the federal coercion in the Basic Law for the Federal Republic of Germany. The Federal coercion allows the Central State to respond to a breach of the federal obligations by the federated states. The literature has not developed a theory of the federal coercion for the German Constitution. The function and the content of the federal coercion in the current german Constitution has been imported of the category of the federal execution, arisen from the xix German confederation system and based on a different concept of Constitution and decentralized State.
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Knežević, Marko. "The security right of an execution order on tangible property." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 2 (2022): 459–91. http://dx.doi.org/10.5937/zrpfns56-38331.
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Enforcement law reforms have not bypassed the enforcement of monetary claims against tangible property. The security right of an execution order acquired by an attachment levy (ger. Pfändungspfandrecht), since the previous Law on Enforcement and Security, is now acquired only by registration, at the request of the executive creditor. The paper tries to give dogmatic contours to this new concept. Starting from the already completed theories in German and Austrian doctrine, it turns out that for the current Serbian concept the most appropriate is so-called mixed theory. At the same time, however, its deficits and erroneous evaluations of the legislator are shown.
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Cai, Zi-Jian. "Highlighting the Recent Historical Innovations in Political Progressions from Law." Journal of Social Sciences Research, no. 58 (August 5, 2019): 1204–9. http://dx.doi.org/10.32861/jssr.58.1204.1209.
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In this paper, it is highlighted the recent big historical innovations of politics from law the world people participating enthusiastically, manifested in television and recorded as diaries. It was the author Cai who started and led the democratic law execution in China in 2000, which was new in history and helped establish the theory of armed police. Besides overcoming the difficulties after the June 4th Incident and acquiring some provincial supports in China, it further promoted the democracy in Mideast in many countries, differentiating the democratic law execution and democratic revolution by the legality of route map to election. During this period, it was proposed by the Mideast people the revival of race by law. To control the democratic crimes, it was suggested by the world people to innovatively use the party disciplines in congresses at various levels, including the communist parties worldwide, the Democratic Progressive Party in Taiwan, the Democratic National Construction Association of China, the Christian Democratic Union in Germany, and so on. It was the international movement of “Marx-MingXun calling for competitive election” that overcame the autocratic influence from China, increased the democratic proportion of world communists, and revived the communist parties synchronously in the whole world to practice law to control the democratic crimes. It was Taiwan president YingWen Cai of Democratic Progressive Party and Germany Chancellor Merkel of Christian Democratic Union who elevated the law against democratic crimes to the national level. It is expected that these political innovations would improve the democracy and law.
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Ekart, Andrej, and Sylvia Zangl. "The Admissibility of Defences against the Substantive Claim in Cross-Border Enforcement of Judgments in Europe." Lex localis - Journal of Local Self-Government 9, no. 4 (October 19, 2011): 311–33. http://dx.doi.org/10.4335/9.4.311-333(2011).
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Authors discuss the admissibility of defences against the substantive claim (e.g. objection of the debtor that the enforceable claim has been discharged) in cross-border enforcement in Europe. In the context of Regulation 44/2001 in some countries, like Germany, courts have admitted such defences in exequatur proceeding. In other countries, like Slovenia and Austria, such objections have to be asserted with legal remedies of the national execution law. Debtor can defend himself against European enforcement order, order for payment and small claims judgment with legal remedies of national execution law, if he has discharged the debt after the rendering of decision.
Keywords: • cross-border enforcement • European enforcement order • European order for payment • European small claims procedure • international jurisdiction • EU
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Kaplan, S. N. "Top Executives, Turnover, and Firm Performance in Germany." Journal of Law, Economics, and Organization 10, no. 1 (April 1, 1994): 142–59. http://dx.doi.org/10.1093/jleo/10.1.142.
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ERTUĞRUL, Meltem. "RESPONSIBILITY OF THE ADMINISTRATION FOR DAMAGES CAUSED BY THE BEHAVIOR OF PUBLIC OFFICIALS IN GERMAN AND SWISS LAW." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (July 31, 2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1123743.
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It is possible that public officials who perform the actions of the administration, which has a wide organizational structure and field of activity, may harm individuals during the performance of public service. In principle, these damaging behaviors are attributed to the administration. According to which liability provisions the administration will be held responsible for damages arising from the behavior of public officials during the execution of administrative service, German and Swiss legal systems are regulated differently from Turkish law. For example, in German Law, the responsibility of the administration is resolved in civil jurisdiction, according to the provisions of private law. Since our law terms of the responsibility of the administration, is based on the French system, there are generally works comparable to the French law. There are a limited number of studies about the responsibility of the administration caused from the activities of the public officials, on the German and Swiss law. In this study, it was aimed to fill this gap and was tried to be examined according to German and Swiss laws, of the responsibility of the administration for the damages caused by the faulty performance of the public duty.
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Kuryndin, Pavel A. "Models of Forced Execution of Administrative Acts." Zakon 21, no. 6 (June 2024): 178–85. http://dx.doi.org/10.37239/0869-4400-2024-21-6-178-185.
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Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining the rules to enforce administrative acts execution. The first is the French approach. It is based on the fact that enforcement is ensured by measures of responsibility. In case of refusal or evasion by a person, the administrative body must go to court to obtain an executive document and subsequently initiate enforcement proceedings. The German approach recognises administrative acts as the force power for an executive document. Under these conditions, the administrative body can avoid the judicial stage. However, as French judicial practice shows, compulsory execution of an administrative act is possible without involving the judicial system in this process. These are cases of urgent or exceptional circumstances (any disaster or military action). Therefore, Russian doctrine and practice can pay attention to the French approach. This will ensure the achievement of legitimate goals without significantly complicating procedures and will maintain law and order.
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Basedow, Jürgen, Jan Dietze, Stefan Griller, Manuel Kellerbauer, Marcus Klamert, Luigi Malferrari, Tibor Scharf, Dominik Schnichels, Daniel Thym, and Jonathan Tomkin. "European integration: Quo vadis? A critical commentary on the PSPP judgment of the German Federal Constitutional Court of May 5, 2020." International Journal of Constitutional Law 19, no. 1 (January 1, 2021): 188–207. http://dx.doi.org/10.1093/icon/moab017.
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Abstract In its judgment of May 5, 2020, the Second Senate of the German Constitutional Court qualified for the first time a judgment of the Court of Justice of the European Union (CJEU)—C-493/17 Weiss—as “arbitrary from an objective perspective” and declared the underlying European Central Bank (ECB) decisions regarding the Public Sector Purchase Programme (PSPP) to be ultra vires. It requested the German Government and the German Parliament to take steps against the PSPP in its current form and to ensure that the ECB conducts a proportionality assessment of its PSPP. The judgment also prohibits the German Central Bank from participating, after a grace period of three months, in the implementation and execution of the ECB decisions at issue, unless the ECB assesses and substantiates that the measures provided for in its decisions satisfy the principle of proportionality. The present article, which was written by academics, lawyers, and civil servants from five countries, casts a critical eye on the judgment of the German Constitutional Court. It identifies significant shortcomings from both a German constitutional and a European Union perspective.
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Castin, Louise. "The Effects of Post-Brexit Insolvencies in Belgium, Germany and the Netherlands." European Review of Private Law 30, Issue 1 (March 1, 2022): 103–54. http://dx.doi.org/10.54648/erpl2022005.
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The one principle that is central to EU legislation on private international law, is that of mutual trust. States leaving the Union also leave that realm of mutual trust. That was the fate of the United Kingdom, as it officially left the union on 31 January 2020. UK Cross-border insolvency procedures started after the ending of the transition period on 31 December 2020 do not benefit from that principle anymore. The effect of these procedures in the different EU Member States is regulated by their own residual national framework. This article seeks to compare the recognition and execution frameworks of Belgium, Germany and the Netherlands. The question is raised whether further harmonization is needed.
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Barbara Szamota-Saeki. "Positive General Prevention (Chosen Theories)." Archives of Criminology, no. XXVII (June 14, 2004): 43–66. http://dx.doi.org/10.7420/ak2003-2004b.
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The idea of socio-educating function of punishment is not recent. It appeared in XVIIIth century. Its renewal of XXth century is explained by the disappointment of the deterrent and re-socialising effectiveness of criminal punishment. It is also a reaction towards the abolitionary postulates’ questioning the sense of existence of the criminal punishment. There are many versions of this theory. It is widely popular in Germany where it is calted ‘positive general prevention’ or the ‘integrating prevention’. The term ‘positive general prevention’ was constructed in Germany in opposition to the traditional term ‘general prevention’ understood solely as a general deterrence. It is meant to stress the turn away from the so understood ‘general prevention’ and a promoting of the positive function of criminal punishment. This ‘positive’ or ‘integrating’ function of punishment is, in most simple terms, based on strengthening the morality, supporting the desired attitudes and ways of behaving, strengthening the trust in law, in shaping the law awareness, and also encouraging norms recognition. The purpose of the punishment is preserving and strengthening the normative integration of society. It is realised not by creating fear but by using persuasion, by teaching about necessity and usefulness of the criminal law norms and by obeying them for the social order. It is also important to bring about a custom of law obedience. The popularity of the positive general prevention is explained differently in the German studies. Most often, it is pointed out that, on the one hand, a return towards the absolutist theories is commonly rejected there, and on the other hand, that there is a popular disappointment with the efficiency of prevention and re-socialisation. The positive general prevention an opportunity for keeping a preventive character of theory of punishment with a simultaneous introduction of a retributive element in form of guilt rule. It thus creates a combination of rationality of prevention theories with a guaranteed character of the absolutist theories. It also has an advantage over the mixed theories of punishment as it is directed at a single goal. Despite of a significant differentiation of the positive general prevention theories, it is relatively easy to define some of its characteristics: the addressee of an execution of the criminal law and punishment is society and not an individual person, where it is mostly about the influence on those members of society who do obey the law. the positive general prevention aims at long term, indirect activity and not at an immediate, short term effect on society. the persuasive nature of the criminal law is stressed, its ability to persuade, as well as the symbolic, expressive meaning of punishment as means of communicating. The content of that message in German conception is, in general, that criminal law norm is still valid. It exceptionally evokes to the moral condemnation of a deed as a subject of that message. the representatives of the theory of positive general prevention educe the purpose of the punishment from the entire penal law system. Penal law and the penalty itself come in those ideas on the very same grounds. Therefore it is not a theory of punishment but a theory of the penal law. these theories agree that the positive, integrating effect can be brought about only by a just punishment. a very typical feature of the German ideas is using the term of guilt in reference to functionality. It makes them vulnerable to a reproach that, in fact, they are veiled absolutist theories. I analyse five ideas of the positive general prevention in this article. It was my aim to select those ideas which could indicate its diversity. Mayer's theory contributed to the rebirth of the socio-educational theory of punishment function in German studies. It belongs to the movement of the expressive punishment theories. According to Mayer penalty has an educational aspect for the society by strengthening or creating morality of the community. Integrating prevention, as understood by H. Muller-Dietz, is an activity of punishment which is based on creating and strengthening the ways that law is perceived by the citizens. The integrating function is realised by the regulatory and court systems of justice. The most popular in Germany is the theory of G. Jakobs. It clearly refers to the theory of systems by Niklas Luhmann. Jakobs stresses that punishment expresses a protest against breaking a norm paid by the offender. It shows that the norm broken with a deed is still valid and that it is determinant as an orientation example for social interactions. A very strong feature of W. Hasserman’s idea is the emphasis of how the penal law system influences the entirety of social control processes. Streng refers to the psychoanalysis and psychology of the punishing society, in order to explain the general preventative activity of punishment. He mentions three unconscious, emotional sources of punishment. In the conclusion I discuss the significance of the presented theories for the studies of criminal law and the practices of administration of criminal justice.
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Eisfeld, Alfred. "Germans of Ukraine in the Interwar Years (1918-1941)." Problems of World History, no. 10 (February 27, 2020): 107–37. http://dx.doi.org/10.46869/2707-6776-2020-10-7.
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The article uses documents covering the process of preparing and conducting by the NKVD bodies of the Ukrainian SSR a massive “German operation” – an integral part of the “Great Terror” in the USSR in 1937-1938. The historical circumstances of the appearance of the order of the NKVD of the USSR No. 00439 of July 25, 1937 and the specifics of its implementation in the Ukrainian SSR are disclosed. They also characterize the methodology for selecting the “contingent” that was repressed (victims of the operation), the technology of conducting mass repressions within the framework of the special operation and their tragic consequences for the German population of Ukraine.
As the operation quickly gained momentum, it was not easy for German diplomats to figure out what was happening in Ukraine. But, as follows from the telegram of the German Embassy to Berlin on August 7, 1937, diplomats saw through the general situation in the USSR. They directly linked the arrests of German citizens “with well-known terrorist acts directed against all sections of the local population”. In other words, they saw and adequately evaluated the German component of what would later be called the “Great Terror” from the first days of the German operation.
The documents that were used confirm that the tragic aspect of the beginning of the operation was the simplification and acceleration of the so-called “German affairs” investigation.
The judiciary, in particular the military tribunals, which were not directly involved in the German operation but were involved in the consideration of cases against people, among whom were Germans – citizens of the USSR, did not lag behind the pace of “work, accused of such serious paragraphs of Article 54 of the Criminal Code of the Ukrainian SSR as treason, espionage, sabotage, terror. The sanction of this article in almost all cases provided for capital punishment – execution, which was widely used in practice. The last point in documenting the repressions against victims of this category was the NKVD bodies reports to the relevant military tribunal about the execution of the sentence of the tribunal.
The prosecution authorities and, to a lesser extent, the USSR People’s Commissariat for Foreign Affairs contributed to the fight against “enemies”. The arrests of some German citizens were coordinated with them.
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O'Donnell, Therese. "Executioners, bystanders and victims: collective guilt, the legacy of denazification and the birth of twentieth-century transitional justice." Legal Studies 25, no. 4 (November 2005): 627–67. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00687.x.
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‘We did not go into the streets when our Jewish friends were led away; we did not scream until we too were destroyed … We are guilty of being alive.’Karl Jaspers The Question of German Guilt, p 66The following scene as recounted by the English writer James Stern occurred in a German town one week after Germany's unconditional surrender in May 1945. A crowd is gathered around a series of photographs which though initially seeming to depict garbage instead reveal dead human bodies. Each photograph has a heading ‘WHO IS GUILTY?’. The spectators are silent, appearing hypnotised, and eventually retreat one by one. The placards are later replaced with clearer photographs and placards proclaiming ‘THIS TOWNISGUILTY! YOUARE GUILTY!’.
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Nesi, G. "The Quest for a 'Full' Execution of the ICJ Judgment in Germany v. Italy." Journal of International Criminal Justice 11, no. 1 (February 15, 2013): 185–98. http://dx.doi.org/10.1093/jicj/mqt002.
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Amoroso, Alessandro Mario. "Closer to home: How national implementation affects State conduct in partnered operations." International Review of the Red Cross 102, no. 914 (August 2020): 515–37. http://dx.doi.org/10.1017/s1816383121000618.
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AbstractDomestic law, case law and policies play a decisive yet underestimated role in ensuring that partnered operations are carried out in compliance with international law. Research on the legal framework of partnered operations has so far focused on clarifying existing and emerging obligations at the international level. Less attention has been devoted to understanding whether and how domestic legal systems integrate international law into national decision-making which governs the planning, execution and assessment of partnered operations. This article tries to fill the gap by focusing on the practice of selected States (the United States, the United Kingdom, Denmark, Germany and Italy), chosen for their recent or current involvement in partnered operations. By using the International Committee of the Red Cross's “support relationships” framework and based on a comparative analysis of practice, the study seeks to evaluate the effectiveness of national laws, case law and policies according to their ability to prevent or mitigate the risk of humanitarian consequences posed by partnered warfare.
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Kuliushin, Evgenii Nikolaevich. "Adoption of a judgement and exercising control of its performance by a court in administrative proceedings." SHS Web of Conferences 118 (2021): 03029. http://dx.doi.org/10.1051/shsconf/202111803029.
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The article examines the essence and content of the powers of the court of first instance to make a judgement and control its implementation in order to improve the effectiveness of judicial protection of violated rights of citizens and organisations against illegal acts of public law bodies, the correctness and timeliness of consideration and resolution of cases in public law disputes, prevention of violations in the area of public law relations, the possibility of reducing the burden on courts of first instance in various categories of public law disputes. The key focus is on the peculiarities of exercising by a court of powers to make court judgements and exercising control of their execution in public law disputes on the basis of historical-legal, comparative-legal and formal-legal methods of researching similar powers of courts in countries of the civil law system (France, Germany) and countries representing the common law system (England, USA), comparing the contents of the powers of the court in administrative proceedings in accordance with the Code of Administrative Procedure of the Russian Federation and the powers of the court in civil and arbitration proceedings. The use of historical-legal, comparative-legal and formal-legal methods for researching the content of powers to adopt a court judgement and exercise control over its execution made it possible to formulate conclusions regarding the scope of procedural actions of the court of first instance in administrative proceedings, the possibilities of improving the model for exercising judicial control over acts in public-legal authorities, correctness and timeliness of execution of court judgements taken against public law authorities in order to ensure that the weak side in administrative proceedings can be protected. The novelty of the work lies in the proof that in order to increase the effectiveness of the protection of the violated rights of individuals against unlawful acts of public authorities, it is necessary to improve the mechanism for the exercise by the court of powers to make a judgement and exercise control over implementing it.
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Voßkuhle, Andreas. "“European Integration Through Law”." European Journal of Sociology 58, no. 1 (April 2017): 145–68. http://dx.doi.org/10.1017/s0003975617000042.
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AbstractThis article discusses the Federal Constitutional Court’s contribution to European “integration through law” over the past decades. The Basic Law’s openness to integration and to European Law is examined, as well as the co-operation between the Federal Constitutional Court and the European Court of Justice in the execution of European Union law and the protection of fundamental rights. The author provides a number of examples to show how the instruments of identity review andultra viresreview developed by the Federal Constitutional Court secure the agenda of European integration as agreed upon in the European Treaties. He also shows how national governmental bodies are bound by the concept of responsibility with respect to the European integration process and how the Court ensures the necessary democratic legitimisation for the acts of European institutions by requiring the involvement of the German parliament in political decision-making processes related to the European Union. Finally, the author explores the idea of the legal community and the criticisms that have been levied against this concept. He concludes by positing that the European Union can only preserve itself by remaining a legal community, and that the rule of law in EU law is indispensable, particularly in times of crisis.
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Jafarov, Azer. "Nuremberg Tribunal as a symbol of the triumph of justice at a turning point in modern human history A.N. Savenkov. Nuremberg: A Verdict for name of Peace." Gosudarstvo i pravo, no. 6 (2023): 45. http://dx.doi.org/10.31857/s102694520025925-8.
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It would seem that today a huge number of works have been written about the Nuremberg Trials, in which various facets of this unique example of justice in the history of mankind are considered in great detail. But this is only at first glance, because after getting acquainted with the monograph of Professor A.N. Savenkov, it becomes obvious that it touches upon such layers of the International Military Tribunal that were not previously the subject of a special study. In addition, the publication of this remarkable book is justified by at least three more reasons. First, today many authors tend to idealize the first International Military Tribunal, established ad hoc, although it is not a tuning fork of justice in its current sense. It was, above all, an organ of transitional justice. Therefore, with all its historical, political and legal merits, it was not free from certain shortcomings of a legal and moral nature. In this regard, it is enough to refer, for example, to his verdict, in which not all the crimes committed by high-ranking officials and institutional structures of Nazi Germany during the Second World War found their reflection or due legal assessment. Secondly, this work is one of those exceptions in a series of numerous works about the Nuremberg Trials, which gives a historically more reliable and legally, better grounded assessment of the events that took place in the Palace of Justice of the German city of Nuremberg from November 20, 1945 to October 1, 1946, where the trial of the main Nazi criminals was held. Key words: Nuremberg Tribunal, IMT Charter, crimes against peace and humanity, justice, accuser, defendant, defender, verdict, punishment, execution of the verdict.
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Mutiara Miyonita, Arfiani, and Feri Amsari. "Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum." Lareh Law Review 2, no. 1 (July 18, 2024): 85–95. http://dx.doi.org/10.25077/llr.2.1.85-95.2024.
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The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which were referred to as constitutional disobedience . In other countries such as Germany, the Federal Constitutional Court uses the concept of judicial order to resolve this problem. The judicial order is an important message for the future Legislature to implement the Constitutional Court's decision through concrete follow-up. Formulation of the problem raised in this research First, what is the urgency of using a judicial order in the Constitutional Court Decision in the Election Law judicial Review? Second, what are the differences in the implementation of Constitutional Court Decisions containing judicial orders in judicial reviewing of the Election Law? The type of research used is normative juridical. Data collection techniques use library research. Data will be analyzed using qualitative analytical descriptive methods. The research results explain that in order to realize legal certainty in order to carry out direct, public, free, secret, honest and fair elections, this Constitutional Court Decision needs to be implemented immediately. For that reason, judicial orders that have been implemented by the Indonesian Constitutional Court and other countries prove its function in strengthening the final and binding effect of its decisions. Differences in the implementation of Constitutional Court decisions that contain judicial orders can be seen in several non-self-executing decisions, there are decisions that are fully implemented, partially implemented, not implemented and also implemented differently from orders from Constitutional Court decisions
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Stan, Lavinia. "Access to Securitate Files: the Trials and Tribulations of a Romanian Law." East European Politics and Societies: and Cultures 16, no. 1 (February 2002): 145–81. http://dx.doi.org/10.1177/0888325402016001006.
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We had a state. Then we had the Party to try to make the state work. Then we had the State Security to try to make the Party and state work. And still it didn't work. An East German quoted by Timothy Garton Ash, The File The relationship between the communist structures and the Securitate was similar to that between the brain and the hand. The brain was the Communist Party, the hand executing the orders was the Securitate. Senator Ioan Moisiu Romanian, Christian Democrat
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Grakhotskiy, A. P. "The V. Schoeneman Case: Einsatzkommando 8, the Wehrmacht and the Holocaust." Lex Russica 74, no. 10 (November 12, 2021): 113–24. http://dx.doi.org/10.17803/1729-5920.2021.179.10.113-124.
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In 1964, the trial of Werner Schoenemann, the commander of one of the 6 punitive units of the Einsatzkommando 8, took place in Cologne. The criminal was charged with mass executions of Jews on the territory of Belarus in late June — September 1941. The paper shows how the former Nazi tried to avoid criminal responsibility and what legal assessment by the German justice his atrocities received. V. Schoeneman denied his guilt and sought to shift responsibility for what he had done to the Wehrmacht troops. The defendant argued that the actions of extermination of Jews were carried out on the initiative of the German armed forces and were in the nature of reprisals; they were designed to force the local population to abandon the conduct of guerrilla warfare. Based on the testimony of the accused, law enforcement officers detained three officers of the 354th Infantry Regiment involved in the liquidation of the Jewish community of the town of Krupki (September 18, 1941). During the investigation, it was established that the service members provided support to members of the Einsatzkommando 8 during the execution, but were not the initiators of this atrocity. For complicity in the grave murders of 2,170 Jews in the settlements of Slonim, Borisov, Smolevichi, Krupki and others, V. Schoeneman was sentenced to 6 years in prison. When assigning such a lenient punishment, representatives of the German Themis relied on the dominant approach to assessing the criminal activities of former Nazis in the 1960s. According to the jury, the defendant was only a submissive executor of orders, an impersonal, devoid of his own motives “cog” in the mechanism of the Nazi state. V. Schoeneman did not repent of what he had done. For the former punisher, Jewish victims were still just dry figures in the reports, thanks to which he sought to make a career. Schoeneman’s case proves that Wehrmacht service members took an active part in the Holocaust along with members of the Einsatzkommandos. The genocide, unprecedented in the history of humankind, became possible only because of the broad participation of German citizens representing various social strata and professional groups.
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Keiler, Johannes, and André Klip. "The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 3-4 (December 22, 2021): 189–217. http://dx.doi.org/10.1163/15718174-bja10016.
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Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.
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Asiryan, S. R., Y. V. Milonenko, and V. V. Prilipko. "Problems of execution of echr decisions in ukraine and ways to overcome them on the example of the federative republic of Germany." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 307–11. http://dx.doi.org/10.24144/2307-3322.2021.63.54.
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The article examines the history of the formation of the European Union, the adoption of the European Convention on Human Rights. The mechanism of protection of the main convention provisions, history and significance of its origin are analyzed. The authors conclude that the ECHR was originally a flexible catalog of universal human rights, most of which were declarative in nature, as they did not provide for a procedure to protect the implementation of substantive rules, but in developing this document the European Community the right of citizens to appeal against violations of their convention rights. It is for the practical implementation of the protection of convention provisions that a unique judicial body was created - the European Court of Human Rights. The main problems in the implementation of ECHR decisions at the international and national levels are investigated. The normative procedure of execution of ECtHR decisions under the legislation of Germany and Ukraine is compared.
It is proposed to amend Art. 8 of the Law of Ukraine "On Enforcement of Judgments and Application of the Case Law of the European Court of Human Rights", and to reduce the total duration of enforcement proceedings against ECHR decisions from three to one month in order to ensure effective enforcement of judgments. In addition, a mechanism for the prompt implementation of measures of a general nature should be developed to ensure compliance with the provisions of the Convention at the level of national legislation.
In addition, it is proposed to introduce disciplinary and administrative liability for non-compliance, improper enforcement or in any way obstructing the enforcement of ECHR decisions by public authorities and officials, as well as the establishment of an obligation to compensate for delays in delaying enforcement. In order to ensure the autonomy of the execution of ECtHR decisions in Ukraine, it is proposed to create a special state budget fund whose purpose will be to ensure the execution of decisions of the European Court of Human Rights.
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Gábriš, Tomáš. "The Legacy of Socialist Constitutionalism in Slovakia: The Right of the Slovak Nation to Self-Determination." Russian Law Journal 9, no. 2 (June 4, 2021): 70–91. http://dx.doi.org/10.17589/2309-8678-2021-9-2-70-91.
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Albeit in 1918 the Slovak nation voluntarily became a “branch” of the single Czechoslovak nation and of the unitary Czechoslovak state, the connection with the Czechs was rather perceived as a strategic move until the Slovak nation develops its capacity for the execution of its own right to self-determination. In the context of Czechoslovakia being under pressure of Hitler’s Germany in 1938, Slovak autonomists managed to exploit the situation and Slovakia was granted autonomy within Czechoslovakia. Soon thereafter, in March 1939, an “independent” Slovak State was created, in fact being under direct control of Nazi Germany. The authoritarian political regime of the War-Time Slovakia was soon rejected by Slovaks themselves and the Slovak nation was rather willing to sacrifice its independence in order to return to the democratic regime of Czechoslovakia in 1945. Still, there were attempts to change the position of Slovaks and Slovakia within Czechoslovakia, which eventually materialized in the form of the federalization of the Czechoslovak Socialist Republic in 1968/69, giving Slovaks for the first time (apart from the Hitler-sponsored statehood in 1939–1945) their formal republican statehood, albeit only within a system of limited socialist federalism. Still, this allowed for a relatively simple change of this formal statehood into an internationally recognized independent Slovak Republic in 1993. The socialist constitutional recognition of self-determination of the Slovak nation in the form of a Socialist Republic thus paved the way to the currently existing Slovakia, hence making it the most important legacy of the (Czecho-)Slovak socialist history.
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Ohlin, Jens David. "Applying the Death Penalty to Crimes of Genocide." American Journal of International Law 99, no. 4 (October 2005): 747–77. http://dx.doi.org/10.2307/3396668.
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After the Rwandan genocide of 1994, the United Nations Security Council moved quickly to establish an international tribunal to indict the architects of the slaughter. Whether motivated by a sincere desire for international justice or a self-serving desire to assuage international guilt for the lack of significant military intervention, one thing is clear: the Security Council began a program that, when coupled with its establishment of the International Criminal Tribunal for the Former Yugoslavia, represented the most significant return to international criminal justice since the Allied prosecution of German war criminals at Nuremberg. But so much had changed since 1951. Whereas the Nuremberg Tribunal imposed death sentences for the most culpable instigators of the Holocaust, there would be no death sentences for the architects of the Hutu genocidal campaign against the Tutsi. Over the course of forty years, there was a sea shift in attitudes about the legality of the death penalty. When the Allies announced their decision to apply the death penalty at Nuremberg, few objected or suggested that executions would violate international human rights law. Indeed, Churchill was initially suspicious of the plan for a war crimes tribunal, having assumed that what remained of the Nazi leadership would simply be executed on the battlefield. As the proceedings unfolded, there were isolated calls for leniency and clemency, and even complaints of victors’ justice, but certainly no suggestion that executions violated international law as such.
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Ladewig, Silva H., and Lena Hotze. "The Slapping movement as an embodied practice of dislike." Recurrent Gestures 20, no. 2 (December 31, 2021): 285–312. http://dx.doi.org/10.1075/gest.21013.lad.
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Abstract This paper introduces the Slapping movement as an embodied practice of dislike or meta-commentary recurring in conflictive situations between German children aged four to six (Hotze, 2019). Children move this way primarily in stopping a co-participant’s action and protesting against the action to be stopped. The Slapping movements documented showed different manners of execution. Some forms appeared to be very expressive, others were more schematic. Inspired by a phenomenological approach to gestures our analysis shows that the movement qualities show different degrees of communicative effort and affective intensity which respond to the inter-affective dynamics unfolding between the participants of a situation. This means that the affective intensities unfolding in an interaction not only give rise to the Slapping movement, but they also influence how the hands are moved. In more detail, we observed that the higher the affective intensities become the larger and more vigorous the Slapping movements are.
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Filatova, Maria. "Apology of Freedom: Book review: Nussberger A. The European Court of Human Rights. Oxford: Oxford University Press, 2020." Meždunarodnoe pravosudie 11, no. 1 (2021): 153–63. http://dx.doi.org/10.21128/2226-2059-2021-1-153-163.
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The subject of this review is the book written by a famous German legal scholar, Angelika Nussberger, whose name is well known to the Russian legal academic community. Professor Nussberger was a judge in respect of Germany at the European Court of Human Rights from 2011 to 2019, and Vice-President of the Court in 2017–2019. The book, published in Oxford University Press, is a part of their series “Elements of International Law”, which explains its structure and comprehensive approach to the subject. The book embraces all important relevant topics of the Court’s activities, from its conception and the beginning of its activities as an optional jurisdiction up to its transformation to the most authoritative international court in the area of human rights protection. Special attention is paid to the Court’s role in the creation of human rights culture in Europe and worldwide. Other topics covered by the book include its organization and procedure before the Court; the evolution of the Court’s methodology; interaction with other «actors» on human rights law field (national and other international courts); enforcement of the Court’s judgments and its efficiency; the Court’s future: main challenges and perspectives. The book offers a very focused and concentrated narrative combined with a deep analysis and very personal sight of a judge at the Court and of a distinguished scholar. It may serve as a very useful source of information about the Court’s judicial doctrines, vividly discussed by the ECtHR observers. The author gives her own view on these doctrines and reveals many problematic aspects of their application by the Court. The book is abundant in illustrations how the doctrines in question have evolved. The special character of the book is that it combines the overview of the Court’s procedure (composition of the bench, the Registry’s tasks, interaction with the Committee of Ministers related to the execution of judgments) with the analysis of the Court’s role in the modern international law development. It distinguishes the book from other works on the Convention and the European Court of Human Rights. The extensive list of references on the Court and the Convention system makes the book a perfect guide on the matter for specialists and students. It may be concluded that the book will enter the «golden fund» of international law doctrine, and its translation into Russian would be very useful for the Russian legal audience.
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Lv, Zitao, Miaomiao Pei, and Xiaokun Wang. "Localization Construction of Directors'Liability Insurance System." International Journal of Education and Humanities 10, no. 2 (September 3, 2023): 172–77. http://dx.doi.org/10.54097/ijeh.v10i2.11591.
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As an insurance to reduce the company's business risks caused by directors' misconduct, the directors' liability insurance system has not fully demonstrated its function and shows signs of acclimatization. From the perspective of comparative law, the author examines the institutional background and functional evolution of directors' liability insurance in the United States, the former doubts and adaptations in the British law, and the continuation and evolution in the German law, which provides enlightenment for exploring the dilemma of directors' liability insurance system in China and the way to improve it. Directors' liability insurance is not an isolated insurance law adjustment content, and China lacks systematic substantive rules and procedural implementation mechanisms for directors' obligations. The Company law has laid a legal foundation for directors' liability insurance to play its function, supplemented by lower level norms such as regulations at the regulatory level, and gradually expanded the scope of applicable subjects of directors' liability insurance to all types of company directors and executives. Then from the level of insurance law system, the localization of directors' liability insurance clauses is realized, and the unification of the main clauses of the contracts of various insurance companies is promoted, which provides a feasible way to perfect the directors' liability insurance system in our country.
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Salokhova, Sarvinoz. "IMPROVMENT OF ENSURING POST-PENITENTIARY ADAPTATION OF MINORS RELEASED FROM PENITENTIARY INSTITUTIONS." Jurisprudence 1, no. 6 (December 15, 2021): 153–61. http://dx.doi.org/10.51788/tsul.jurisprudence.1.6./zqpr2804.
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In this article the author conducted the issues of the related to ensuring the post-penitentiary adaptation of minor convicts who have served a sentence of imprisonment and released from penitentiary institutions. In particular, the content and essence of the concept of post-penitentiary adaptation, the main goals and features of ensuring post-penitentiary adaptation of convicts released from penitentiary institutions are illuminated. Furthermore, the article analyzed the ongoing reforms in our country to ensure the social rehabilitation of convicts released from penitentiary institutions and also studied the theoretical views of scientists in this field, current problems of law enforcement practice. In additions, author conducted international legislation and the experience of advanced foreign countries in the field of criminal-execution punishments, such as the Russian Federation, Germany, Japan and Canada. As well as, offered on improvement of the acts regulating to ensuring post-penitentiary adaptation of minors released from penitentiary institutions in the field are provided.
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Breneselović, Luka. "Is a shop owner allowed to expel unwanted customers from his/her premises?" Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 119–46. http://dx.doi.org/10.5937/gakv93-28669.
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The aim of this paper is to try to correct the opinion present in the business practice of larger stores according to which the owners and users of business premises cannot expel unwanted customers / consumers from the facility. This question is currently relevant because of customers who refuse to wear protective face masks in supermarkets, pharmacies, and other stores. First, the paper demonstrates the importance of the concept of property as recognized in Serbian law, and afterwards the presentation is supplemented by comparative legal insights into foreign doctrine (the so-called privates Hausrecht of German law). The scope and limitations of the right to manage a facility, as a property right, and the issue of execution, i.e. factual protection of that right will be discussed. There are concerns that the lack of reaction of the responsible person in the store to non-compliance with epidemiological regulations could be the basis for material responsibility of the store owner and that person, but also a set of facts that increase the risk of exposure to criminal prosecution.
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Chaykina, A. V. "Application by courts of judgments of the constitutional court of the russian federation and the European Court of Human Rights in one case." Actual Problems of Russian Law, no. 3 (May 4, 2019): 125–33. http://dx.doi.org/10.17803/1994-1471.2019.100.3.125-133.
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The paper deals with the problem of the application by the courts of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the same civil case. The problem is caused by the uncertainty of the hierarchy of these sources of law in terms of international and national law. The issue of non-fulfillment of ECtHR judgments was considered from the point of view of the provisions of the Vienna Convention on the Law of Treaties of 1969. The author analyzes foreign practice on the execution of judgments of the ECHR. In particular, the author analyzes the practice of the United Kingdom and the Federal Republic of Germany, having faced with the contradiction of the fundamental norms of the state with the ECtHR judgments.The mechanisms to balance the legal positions of these courts have been revealed. The author suggests considering Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms as one of the possible means to eliminate the contradictions between the Constitutional Court of the Russian Federation and the ECHR. The procedure of advisory opinions, from the point of view of the author, may make it possible to coordinate the legal positions of the ECHR and the national practice of applying the Rome Convention to the stage of submitting a complaint of Russian citizens to the ECHR.
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Haase-Kromwijk, Bernadette, Frans du Pré, and Bernard Cohen. "Organ Transplantation and European Community Law: The Case of Non-Residents." Journal of Health Services Research & Policy 2, no. 3 (July 1997): 168–73. http://dx.doi.org/10.1177/135581969700200308.
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Objectives: The role of the European Union in influencing health care policies in member states is of increasing importance. The Eurotransplant Foundation is an organization which provides donor organs to the most suitable transplant recipients. It covers a region of five countries (Austria, Belgium, Germany, Luxembourg, The Netherlands). As there is a severe shortage of donor organs within its region, registration of so-called non-resident patients on the waiting lists aggravates this shortage. Could European Community law, especially rules on competition, limit Eurotransplant's freedom to introduce a restrictive policy on non-residents? If so, could participating transplant centres or patients initiate legal action against Eurotransplant to stop the execution of such a policy? Methods: Quantitative descriptive data on organ donation and use by the Eurotransplant Foundation during 1994 and 1995, by residents and non-residents. Analysis on basis of economic and legal framework. Results: Solidarity between potential donors and potential recipients is organized in a different manner in an organization such as Eurotransplant as compared to a national organization under national law. National regulations may introduce a restrictive policy for the acceptance of non-resident patients. Eurotransplant — as a matter of its own policy — has to consider international solidarity. The scope of the non-resident issue is dealt with, and it is explained why it is considered to be a problem. On the basis of a discussion of the economic and the legal framework for a non-resident policy, an answer to the question is suggested. Conclusion: It might be possible for Eurotransplant to introduce a restrictive policy on the admission of non-residents without violating the European Community Treaty.
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Bachmann, Gregor. "“Volenti non fit inuria” - How to make a principle work." German Law Journal 4, no. 10 (October 1, 2003): 1033–42. http://dx.doi.org/10.1017/s207183220001662x.
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The ancient Latin sayingvolenti non fit iniuria(loosely translated: if you consent you cannot complain) denotes a legal principle on a par with principles such aspacta sunt servandaornon concedit venire contra factum proprium. As a defence to tort claims well established in both the civil and the common law tradition, the phrase articulates an universal value that has never been seriously contested. Why, then, does a young German scholar devote a completehabilitation(professoral thesis) to the study of such an expression? The answer is clear: as with any general principle of law, the problems start once you try to apply them to a specific case. Unlike rules, principles do not lend themselves to easy execution but require thorough reasoning, taking into account the fact that principles may workboth ways. For example, if a seller does not deliver the promised good in time, he may invoke the principle ofpacta sunt servandain order to convince a judge that despite his breach the contract should be upheld. Likewise, the buyer may claim that, since the seller did not keep his promise (i.e., violated the said principle), she does not have to keep hers either.
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Shesler, Alexander V. "Types of Criminal Acts." Vestnik Tomskogo gosudarstvennogo universiteta, no. 466 (2021): 255–60. http://dx.doi.org/10.17223/15617793/466/31.
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The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.
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Vetoshkina, E. D. "Holocaust Denial: Social Conditionality and Comparative Analysis of Criminal Law Prohibition." Lex Russica, no. 11 (November 15, 2020): 129–38. http://dx.doi.org/10.17803/1729-5920.2020.168.11.129-138.
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From the second half of the 20th century the revisionist movement has spread among scientists, public and political figures. Publicists and scientists are known for criticizing the testimonies of concentration camp prisoners and their executioners, as well as denying the possibility of mass extermination of prisoners in terms of the technical capabilities of gas chambers.Attempts to reinterpret historical events often border on extremism and pose a threat to national security, leading to a significant deterioration in international relations. At the international level, a number of acts have been adopted indicating that the Holocaust is a fact established by the verdict of the Nuremberg Tribunal, and calling on states to reject any denial of the Holocaust. International organizations that oppose attempts to rewrite history include the Council of Europe, the United Nations, and UNESCO.At the national level, responsibility for denying and justifying the Holocaust has been established in a number of states. The first group includes states that are responsible for denying and approving the Holocaust and other crimes committed by the Nazis (Germany, France, Austria, Israel). The second group includes states that equated Nazi crimes in their legislation with crimes of communism (Hungary, Czech Republic, Lithuania). The third group consists of states that prohibit the denial and justification of any genocide (Switzerland, Luxembourg). Some states (for example, the United States) refused to introduce such bans, citing freedom of speech and belief.In 2014, the Criminal Code of the Russian Federation introduced article 354.1 "Rehabilitation of Nazism", which sets forth responsibility for denying the facts established by the Nuremberg Tribunal verdict. At the same time, the legislator should not selectively approach the protection of historical events. It would be fair to criminalize the denial of genocide and other international crimes recognized by the international community, regardless of any criteria relating to the perpetrators.
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Terry, Patrick C. R. "Enforcing U.S. Foreign Policy by Imposing Unilateral Secondary Sanctions: Is Might Right in Public International Law?" International Organisations Research Journal 17, no. 1 (March 15, 2022): 25–55. http://dx.doi.org/10.17323/1996-7845-2022-01-02.
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Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by threatening those states’ companies and business executives with economic or even criminal sanctions to force them to cut commercial ties with Iran. Based on an in-depth discussion of the lawfulness of such secondary sanctions under public international law, this article concludes that secondary sanctions, as imposed by the United States more recently, are unlawful. The United States’ assertion of extraterritorial jurisdiction is not justified under any principle of jurisdiction recognized in customary international law. In fact, the international community explicitly rejects the United States’ claims to extraterritorial jurisdiction. Furthermore, the United States seeks to undermine third states’ foreign and trade policies by targeting their citizens and businesses. United States’ sanctions policy is thus an attempt to assert control over other states’ foreign policies. This coercion amounts to an unlawful intervention into those states’ internal affairs. Lastly, the use of the United States’ superior economic power to strong-arm other states into abandoning their own foreign policy is a violation of the sovereign equality principle.
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Oliveira, Rafael Tomaz de. "In the belly of the Behemoth: a study of law and nonlaw in the context of "The Kindly Ones", by Jonathan Littell." ANAMORPHOSIS - Revista Internacional de Direito e Literatura 5, no. 1 (June 11, 2019): 277–316. http://dx.doi.org/10.21119/anamps.51.277-316.
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This article is based on the novel “The Kindly Ones”, by Jonathan Littell, and its main objective is to explore the experiences of its main character, Maximilien Aue, a Nazi officer, an SS member, a jurist, and a juris doctor, who on several occasions assumed the condition of executioner in one of the Einsatzgruppen that acted in the rear of the German front during the War against the Soviet Union. This study seeks to explore the relationship of this character with a political regime marked by authoritarianism and the erosion of the legal forms that characterize a Rechtsstaat – metaphorized in the figure of the Behemoth, in the interpretation given by Franz Neumann. The methodological structure is guided by strategies of approximation between law and literature, in order to allow, from the construction of a common hermeneutic situation, different ways of relating to the truth established in these two fields of knowledge to access new interpretations in order to analyze the intricate relationship between law and authoritarianism. The outcome, starting from Max Aue’s tragic experience, illuminated the fate reserved for those who, as people or individuals, had awakened the Erinyes from their benevolent sleep.
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Katerusha, Dmytro. "Barriers to the use of recycled concrete from the perspective of executing companies and possible solution approaches - case study Germany and Switzerland." Resources Policy 73 (October 2021): 102212. http://dx.doi.org/10.1016/j.resourpol.2021.102212.
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Budianto, Agus, and Umar Ma�ruf. "Law Enforcement Against Transfer of Objects Fiduciary in Kudus Police." Jurnal Daulat Hukum 2, no. 1 (March 15, 2019): 103. http://dx.doi.org/10.30659/jdh.v2i1.4214.
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The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociological. This research is descriptive analytical research as specified.Research results in the agreement between the creditors and the debtor financing mutual committing yourself, before making the deal, leasing the breathtaking debtor must meet the obligation to pay installments on a timely basis in accordance with the quantity and the date of the has been agreed, then release the rights and obligations not to a make problem. In terms of collateral object is the object of fiduciary transferred to third parties apply the principle creditors can still execute the collateral objects. The transfer of objects into objects fiduciary third parties does not preclude the right of creditors to keep executing the fiduciary guarantee object.The conclusions in this study is on the implementation of the Business Funding and need the assistance of the police dai it will be very easy and possible to overcome the rogue debtor.Keyword: Law Enforcement; The Transfer Object Fiduciary Guarantee; Fiduciary; Police Resort of Kudus
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KHARABARA, T. "Implementation of Administrative Data in the Production of Official Statistical Information in the Field of Public-Legal Relations." Scientific Bulletin of the National Academy of Statistics, Accounting and Audit, no. 3-4 (December 31, 2022): 15–27. http://dx.doi.org/10.31767/nasoa.3-4-2022.02.
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The article examines the issue of statistics on the resolution of public legal disputes and the possibility of its implementation in the production of official statistics. The problem of the formation of statistical reporting by the judicial bodies of Ukraine in the field of public-legalrelations as administrative data is considered. Methodological regulations on the organization of state statistical surveillance on the consideration of cases of administrative offenses and persons brought to administrative responsibility in Ukraine were analyzed. It was established that the existing tools for committing administrative offenses do not reflect the current state and dynamics. Conclusions were drawn on the relevance of developing and approving such methodological provisions to replace those that have lost their validity.
Particular attention is focused on the study of the experience of the Federal Republic of Germany in the field of administrative proceedings, in particular, the methodology of statistical observation of administrative proceedings, introduced by the Federal Statistical Service of the country, is considered. The regulatory framework, on the basis of which the statistical observation of the resolution of public legal disputes by administrative courts functions in the Federal Republic of Germany, is considered. A conclusion was formed about the expediency of borrowing similar experience and introducing similar statistical observation in Ukraine.
The research substantiates the need to develop methodological provisions for the new state statistical observation “Execution of administrative proceedings”, which will contribute to ensuring access and transparency to indicators of the procedural activity of administrative courts, reflecting the problems of law enforcement practice and the effectiveness of the judicial form of protection against violations committed by state authorities.
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Zaria, Aleksandr Andreevich. "Cross-border corporate agreement: cross-border issues." Право и политика, no. 4 (April 2022): 1–13. http://dx.doi.org/10.7256/2454-0706.2022.4.37909.
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The subject of the study is the legal relations that develop between the participants of a corporate agreement with a foreign element. Due to the specifics of this type of contract, not all types of foreign element lead to a cross-border nature, moreover, the amount of a person's participation in the authorized capital of a corporation matters. The issues of changes in the applicable law leading to the impossibility of execution of the corporate contract and the ways in which it is possible to protect the parties from these adverse consequences are investigated. The article analyzes the consequences of the special "volatility" of a corporate contract, which consists in the fact that it is more susceptible to various changes in the foreign element, in particular, related to the exit of a foreign participant from the corporation, the relocation of the corporation, the redomicilation procedure. The methodological basis of the research is the universal dialectical, logical, formal-legal, hermeneutic research methods. The comparative legal method was also used by involving the practice of conflict-of-laws regulation of the countries of the common system of law and Germany. The novelty of the study lies in the fact that mechanisms have been developed to maintain the balance of interests of the parties to a corporate contract with changes in applicable law, the consequences of relocation and redomicilation of the corporation have been determined, a proposal has been put forward on the amount of the participation share of a foreign participant necessary for the recognition of the contract as cross-border. The main conclusions are the following provisions: when determining the cross-border nature of a corporate contract, it is necessary to apply both a legal and an economic approach; the best way to level the risks of changes in applicable law is a conditional choice of applicable law; to determine the materiality of a foreign element, it is necessary to be guided by the norms of corporate legislation on dependent companies; relocation and redomicilation do not lead to a change in the conflict of laws choice of applicable law.
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Zaria, Aleksandr Andreevich. "Cross-border corporate agreement: cross-border issues." Право и политика, no. 4 (April 2022): 1–13. http://dx.doi.org/10.7256/2454-0706.2022.4.37909.
Full textAbstract:
The subject of the study is the legal relations that develop between the participants of a corporate agreement with a foreign element. Due to the specifics of this type of contract, not all types of foreign element lead to a cross-border nature, moreover, the amount of a person's participation in the authorized capital of a corporation matters. The issues of changes in the applicable law leading to the impossibility of execution of the corporate contract and the ways in which it is possible to protect the parties from these adverse consequences are investigated. The article analyzes the consequences of the special "volatility" of a corporate contract, which consists in the fact that it is more susceptible to various changes in the foreign element, in particular, related to the exit of a foreign participant from the corporation, the relocation of the corporation, the redomicilation procedure. The methodological basis of the research is the universal dialectical, logical, formal-legal, hermeneutic research methods. The comparative legal method was also used by involving the practice of conflict-of-laws regulation of the countries of the common system of law and Germany. The novelty of the study lies in the fact that mechanisms have been developed to maintain the balance of interests of the parties to a corporate contract with changes in applicable law, the consequences of relocation and redomicilation of the corporation have been determined, a proposal has been put forward on the amount of the participation share of a foreign participant necessary for the recognition of the contract as cross-border. The main conclusions are the following provisions: when determining the cross-border nature of a corporate contract, it is necessary to apply both a legal and an economic approach; the best way to level the risks of changes in applicable law is a conditional choice of applicable law; to determine the materiality of a foreign element, it is necessary to be guided by the norms of corporate legislation on dependent companies; relocation and redomicilation do not lead to a change in the conflict of laws choice of applicable law.
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Khanderia, S. "Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India." BRICS Law Journal 7, no. 3 (October 10, 2020): 52–80. http://dx.doi.org/10.21684/2412-2343-2020-7-3-52-80.
Full textAbstract:
The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.
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Jałowiec, Tomasz, and Henryk Wojtaszek. "Analysis of Directional Activities for Industry 4.0 in the Example of Poland and Germany." Sustainability 14, no. 7 (March 24, 2022): 3848. http://dx.doi.org/10.3390/su14073848.
Full textAbstract:
An analysis of directional activities in Poland and Germany towards the implementation of Industry 4.0 was carried out by comparing the common sustainable development features. The value of production sold along with the benefits of its implementation are presented. The transformation map was characterized along with development areas and potential directions of automation and robotization. Technological possibilities were assessed, considering the production of robots. The execution of activities aimed at implementing solutions in the field of Industry 4.0 in Poland was indicated. The key information gleaned in this study is the awareness of the implemented features proving the fulfillment of conditions relating to Industry 4.0. Action towards the sustainable replacement of machines that require repair or regeneration is significantly related to thinking towards rationalizing the actions taken and assessing the financial capabilities of companies so as not to lead to their collapse. The article presents original research on the characteristics of selected production companies in Poland and Germany striving for digital maturity and the results of our hypotheses. The key direction should be activities aimed at developing a coherent strategy, the proper selection and evaluation of managers, focusing on communication, and the pursuit of intelligent products by creating appropriate integration standards that facilitate the implementation of an innovative process generating modern technologies.
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Veress, Emőd. "Limited Liability Companies in Romania: De Lege Lata Clarifications and De Lege Ferenda Proposals in Regard to the Forced Execution of ‘Social Parts’ for the Personal Debts of an Associate." Central European Journal of Comparative Law 1, no. 1 (June 30, 2020): 195–208. http://dx.doi.org/10.47078/2020.1.195-208.
Full textAbstract:
The limited liability company is the most prevalent form of company in Romania. It is similar to the French S.A.R.L. (société à responsabilité limitée) or the German GmbH (Gesellschaft mit beschränkter Haftung), but important differences can be identified in the context of this type as it exists in Romania. This article focuses on a single but very important problem: Can the creditors of associates of limited liability companies enforce their claims by selling or acquiring participation in the limited liability companies of their debtors? And, if so, under what conditions? The problem of de lege lata is controversial, and the author seeks to offer a plausible interpretation of the existing norms, which make the rule effective but, at the same time, preserve the essential and traditional features of the limited liability company. In addition, several alternatives to de lege ferenda proposals are suggested, making this study a valuable contribution to the future development of Romanian company law and offering insights for further comparative research.
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Veress, Emőd. "Limited Liability Companies in Romania: De Lege Lata Clarifications and De Lege Ferenda Proposals in Regard to the Forced Execution of ‘Social Parts’ for the Personal Debts of an Associate." Central European Journal of Comparative Law 1, no. 1 (June 30, 2020): 195–208. http://dx.doi.org/10.47078/2020.1.195-207.
Full textAbstract:
The limited liability company is the most prevalent form of company in Romania. It is similar to the French S.A.R.L. (société à responsabilité limitée) or the German GmbH (Gesellschaft mit beschränkter Haftung), but important differences can be identified in the context of this type as it exists in Romania. This article focuses on a single but very important problem: Can the creditors of associates of limited liability companies enforce their claims by selling or acquiring participation in the limited liability companies of their debtors? And, if so, under what conditions? The problem of de lege lata is controversial, and the author seeks to offer a plausible interpretation of the existing norms, which make the rule effective but, at the same time, preserve the essential and traditional features of the limited liability company. In addition, several alternatives to de lege ferenda proposals are suggested, making this study a valuable contribution to the future development of Romanian company law and offering insights for further comparative research.
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Thomas, Georg. "Digital Maturity of HR in SMEs." European Journal of Economics and Business Studies 6, no. 1 (January 1, 2020): 56. http://dx.doi.org/10.26417/ejes.v6i1.p56-62.
Full textAbstract:
Digitalization and digital transformation processes pose chances and challenges to companies in a variety of different aspects. The present paper focuses on the digitalization of HR management in SMEs. The situation if discussed both in the light of SMEs, who are faced with unique challenges in terms of digitalization and its subsequent management. The role of the entrepreneurs/head of SMEs in driving the digitalization process is discussed. In a similar vein, the role HR departments can take both in their own digitalization and in the one of the company is displayed from various points of view, citing evidence that HR departments – especially of SMEs – often lag behind in terms of digitalization, thus not living up to their full potential as internal service partners of companies. An empirical study based on a quantitative survey explored these challenges further. A total of n = 16 experts from HR departments of German SMEs assessed the digital maturity of their own departments. The results show that – in accordance with the findings derived from the literature – HR departments are still struggling with digitalization, barely making use of their data and not connecting yet to other IT systems within the company. Most experts describe the role of their departments as reactive instead of active. These findings are discussed in the light of studies on digital maturity, showing that the situation in Germany/Central Europe for SMEs and their HR departments is a complex one: On the one hand it seems clear, that digitalization can help the companies and departments on a long-term perspective – which, according to some findings, is also well-known to the executives. At the same time, HR departments typically lack the (financial) resources and the involvement to actively work on their digital strategy.
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Hofmann, Robin, and Hans Nelen. "Cross-border cooperation in the execution of sentences between the Netherlands, Germany and Belgium: an empirical and comparative legal study on the implementation of EU framework decisions 2008/909/JHA and 2008/947/JHA." Crime, Law and Social Change 74, no. 4 (May 14, 2020): 381–404. http://dx.doi.org/10.1007/s10611-020-09900-7.
Full textAbstract:
Abstract This study aims at comparing legal practices in the execution of sentences within the framework of cross-border cooperation between The Netherlands, Belgium and Germany. Based on quantitative and qualitative data, the implementation of the EU Framework Decisions 2008/909/JHA on the transfer of prisoners and 2008/947/JHA on the mutual recognition of judgments and probation decisions in the three countries is analyzed. Interview data with legal practitioners suggest that social rehabilitation, consents of the convicted individuals and the actual place of living, play an important role in the initiations of transfers. Empirical evidence that both Framework Decisions are increasingly instrumentalized for migration control purposes, as the current scientific debate suggest, is weak in the three case countries. The relatively small numbers of transfers of prisoners and judgements show, that the transfer instrument is still not implemented to its full potential. This study exemplifies remaining challenges connected to the principle of mutual trust in the daily practice of cross-border legal cooperation within the EU.