Academic literature on the topic 'Legal institutions (including courts and justice systems)'
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Journal articles on the topic "Legal institutions (including courts and justice systems)"
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Момотов, Виктор, and Viktor Momotov. "ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 5–17. http://dx.doi.org/10.12737/article_593fc3438b36c6.70253943.
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The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction.
As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.
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Petukhov, Nikolai, Ekaterina Ryabtseva, Yuri Tuganov, and Vladimir Aulov. "Preventing Corruption in the Judicial System of the Russian Federation: Opportunities for Corruption Connected with the Discretionary Powers of the Court Chairperson." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 823–33. http://dx.doi.org/10.17150/2500-4255.2020.14(6).823-833.
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At the present moment, corruption crimes committed by civil service employees not only interfere with the work of public officials endowed with authority, but they also undermine the credibility of state power, the trust and respect of people for state institutions and, primarily, for equitable justice. The article describes the experience of counteracting corruption in the practice of courts and judicial bodies, including the High Qualification Board of Judges, the Councils of Judges of the Russian Federation and of its regions. Adhering to the requirements of international law and taking into consideration the national law systems, the authors based their research on the inter-disciplinary systemic approach, which is necessary for the effective prevention of corruption in the court system. The theoretical results of the research were reflected in determining both the general regularities of combating corruption in the court system and the specific characteristics that take into consideration the structural and functional features of court power and the legal status of public officials. The practical results include suggestions on optimizing the organization of corruption prevention in the court system, the cooperation of courts and judicial bodies with other state bodies and public institutions on counteracting corruption while preserving the independence of the judicial power. The practical conclusions could be used for optimizing the work of courts and judicial bodies connected with the organization and implementation of anti-corruption measures.
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ZONTOVA, Daria. "Grounds for the criminalization of interference in the activities of judicial bodies and the operation of automated systems in the institutions of the judicial system of Ukraine." Economics. Finances. Law 9, no. - (September 2, 2022): 13–17. http://dx.doi.org/10.37634/efp.2022.9.3.
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The paper examines the grounds of criminalization of interference in the activities of judicial bodies and the work of automated systems in the institutions of the justice system of Ukraine. Different approaches of scientists regarding the grounds of criminalization of illegal interference in the work of the court's automated document management system have been analyzed. It is indicated that the criminalization of an act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. It is indicated that the reasons for criminalizing interference in the activities of judicial bodies and the operation of automated systems in the institutions of the justice system of Ukraine include: 1) changes in the social and political system caused by the transition from a totalitarian to a democratic political regime, as a result of which the public demand for justice became associated precisely with the independent judiciary both in the institutional aspect and in the individual aspect of the independence of the judge; 2) enshrining the provisions on the independence and inviolability of judges in the Constitution of Ukraine and introducing into the national legislation on the status of judges the international standards of independence of judges in the institutional aspect, which determined the conformity of the social value of the independence of the court with the introduction of its protection by criminal legal means; 3) international legal obligations of Ukraine, which arose on the basis of the provisions of the Convention on Cybercrime, in terms of the criminalization of interference in the operation of automated systems in judicial bodies and institutions of the justice system, as well as technical development, due to the increase in the use of information and technical technologies with the aim of reducing human participation as a possible factor in the formation of corruption risk, as well as the introduction of electronic democracy.
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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Dougan, Michael. "The Court Helps Those Who Help Themselves … The Legal Status of Migrant Work-Seekers under Community Law in the Light of the Collins Judgment." European Journal of Social Security 7, no. 1 (March 2005): 7–34. http://dx.doi.org/10.1177/138826270500700102.
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This article considers the rights to free movement and equal treatment enjoyed by migrant work-seekers, in their capacity as Union citizens, in the light of the judgment of the European Court of Justice in Collins. The Court's approach now focuses upon the right of such lawfully resident Community nationals to challenge discriminatory restrictions on subsistence benefits under Article 39 EC as reinterpreted in light of Article 12 EC; and the potential for the Member States nevertheless to justify such restrictions by reference to their legitimate desire to ensure a ‘real link’ between economically inactive migrants and the domestic welfare systems. The article further addresses the impact of the Collins ruling upon legislative choices made by the Community's political institutions about the mutual allocation between Member States of financial responsibilities for economically inactive persons (including migrant work-seekers), in particular, as contained in Directive 2004/38 on free movement for Union citizens and their family members, and Regulations 1408/71 and 883/2004 on the co-ordination of national social security systems.
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Efremova, N. N. "Legitimacy of the Judiciary in the History of the Russian Court (on the examples of Evolutionary and Revolutionary Transformations of the 18th and early 20th centuries)." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 48–53. http://dx.doi.org/10.17816/rjls18397.
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In the article the author considers the stages of modernization most significant for the national justice: during the reforms of the 18th century, the 19th century, and the October Revolution of 1917. As history shows, revolutions and evolutionary reforms are the two main forms of development of nature and society, including state and legal institutions. Important in these cases is the legitimation, which can provide previously acquired or newly created stability and social utility.The court is an important element in the political and legal systems. As the author demonstrates, the change in the latter invariably entails a change in the former, primarily because he performs law enforcement, human rights and law enforcement functions in the legal model of statehood and, accordingly, law enforcement, law enforcement and law enforcement functions in non-legal, totalitarian, for example, statehood models various historical eras. The development of a court like any other socio-political institution can take place either in an evolutionary or revolutionary way: as a general rule, the former presupposes reforming or improving the old one, while preserving the traditional traits, while the second involves breaking the old one and creating a new one radically different from the former, but at the same time not necessarily progressive.Comparing the two versions of the revolutionary in essence and the results of the transformation of the court in the domestic history, the author concludes: in the first case, the reforms of Peter I corresponded to the task of its modernization and were sufficiently conditioned by the tendencies of not only political, but also economic, social and cultural development of Russia, although and a few ahead of them. In the second example of the post- October revolutionary breakdown of the progressive, in fact, court, the new court did not correspond to the features and qualities of the proper organization of justice, but was conditioned and substantiated by the interests of the new ruling class and the Soviet socialist state, whose task is precisely their expression and protection.
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Ivanova, Albena. "Appeal of Public Procurement Procedures." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 135–40. http://dx.doi.org/10.2478/kbo-2019-0069.
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Abstract Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.
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VanNatta, Michelle. "Race, criminalization, and embedded discrimination in immigration court." Safer Communities 18, no. 3/4 (October 14, 2019): 107–20. http://dx.doi.org/10.1108/sc-12-2018-0033.
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Purpose As the US criminal justice system and immigration system increasingly interconnect, even immigration policy that is facially race-neutral may involve biased practices. The purpose of this paper is to examine how institutional racism in criminal legal processes creates particular barriers for many individuals of Latin American and/or African descent facing deportation proceedings in US immigration courts, particularly in assertions regarding gang affiliation. Design/methodology/approach This research is based on ethnographic observation. The work utilized a grounded theory approach. The observation took place at public master calendar hearings at a Midwestern immigration court between 2013 and 2015, yielding over 400 pages of fieldnotes that were coded and analyzed for patterns. Findings Non-citizens in the USA, including lawful permanent residents, are subject to deportation if labeled “criminal.” Racial profiling and criminalization of communities of color create heightened risk of deportation. Assumptions that common tattoos or urban fashion indicate criminality, reliance on Facebook posts to “prove” gang membership, and the use of arrest records as evidence of criminality even if charges were dropped all put immigrants of Latin American and/or African descent at heightened risk. Research limitations/implications The ethnographic method used has strong validity but weaker reliability and generalizability. Practical implications This paper can help analysts, policymakers and advocates consider how to adapt systems to increase equity. Originality/value This research provides direct examples and ethnographic evidence of how race and cultural bias in criminal legal processes and immigration policies can affect people in deportation proceedings.
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Rojszczak, Marcin. "Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System." Intertax 49, Issue 1 (January 1, 2021): 39–52. http://dx.doi.org/10.54648/taxi2021005.
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According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
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Sheremet, Anzhelika, Tetiana Blaschuk, and Serhii Ishchuk. "Mediation Principles in the Civil Society and Features of Their Application in the Educational Environment of Ukraine." Journal of Education Culture and Society 13, no. 2 (September 27, 2022): 231–50. http://dx.doi.org/10.15503/jecs2022.2.231.250.
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Aim. The main purpose of research presented in this article is to analyse mediation principles as an alternative way of dispute resolution and features of their application in the educational environment of Ukraine. For which purpose it was necessary to perform the following tasks: - the concept and role of mediation principles were studied; - certain types of mediation principles were defined; - the essence and significance of the most important mediation principles were revealed; - and the application of mediation principles in Ukraine was clarified. In Ukraine, civil society institutions have been trying on their own to introduce and promote mediation as a way of alternative dispute resolution. However, systemic problems of access to justice require finding other ways to resolve conflict situations. Mediation becomes especially relevant in the context of COVID-19 coronavirus pandemic, when access to the court system is limited. Methods. The study is based on the analysis of enacted regulations and their comparison in different countries, as well as information obtained from the study of literature, including works by authors of both legal and other social sciences where mediation is used as a means of compromise, including psychology, medicine, ecology, along with the use of tools and comments specific to the study of law. To study the prospects and effective application of mediation principles in the educational environment, sociological surveys of various participants of the educational process were conducted. Results. The results of study showed that certain types of mediation principles are applied in different countries taking into account the peculiarities of national legal systems. Notwithstanding, such principles as the rule of law, the principle of equality (equal rights) of the parties, the principle of voluntariness, confidentiality and mediator behaviour (independence and impartiality, trust and justice) are applied in most of the studied national models of mediation, consequently they can be called fundamental. The survey results have revealed the readiness of the educational environment to introduce mediation as a tool for resolving conflicts in the educational environment. In Ukraine, the draft law “On Mediation” defines general principles of mediation; however, the problem is insufficiently clear criteria for disputes that cannot be transferred to mediation. In addition, the principle of the rule of law should be defined as one of the fundamental principles of mediation. Conclusions. The specifics of the implementation of mediation principles in Ukraine and their correlation with the principles of the judicial process require further research.
Dissertations / Theses on the topic "Legal institutions (including courts and justice systems)"
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Stobbs, Nigel. "Mainstreaming therapeutic jurisprudence and the adversarial paradigm—incommensurability and the possibility of a shared disciplinary matrix." Thesis, Bond University, 2013. https://eprints.qut.edu.au/63846/1/Stobbs_Thesis_Submit_PhD_2013.pdf.
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Problem-solving courts appear to achieve outcomes that are not common in mainstream courts. There are increasing calls for the adoption of more therapeutic and problem-solving practices by mainstream judges in civil and criminal courts in a number of jurisdictions, most notably in the United States and Australia. Currently, a judge who sets out to exercise a significant therapeutic function is likely to be doing so in a specialist court or jurisdiction, outside the mainstream court system, and arguably, outside the adversarial paradigm itself. To some extent, this work is tolerated but marginalised.
However, do therapeutic and problem-solving functions have the potential to help define, rather than simply complement, the role of judicial officers? The core question addressed in this thesis is whether the judicial role could evolve to be not just less adversarial, but fundamentally non-adversarial. In other words, could we see—or are we seeing—a juristic paradigm shift not just in the colloquial, casual sense of the word, but in the strong, worldview changing sense meant by Thomas Kuhn?
This thesis examines the current relationship between adversarialism and therapeutic jurisprudence in the context of Kuhn’s conception of the transition from periods of ‘normal science’, through periods of anomaly and disciplinary crises to paradigm shifts. It considers whether therapeutic jurisprudence and adversarialism are incommensurable in the Kuhnian sense, and if so, what this means for the relationship between the two, and for the agenda to mainstream therapeutic jurisprudence.
The thesis asserts that Kuhnian incommensurability is, in fact, a characteristic of the relationship between adversarialism and therapeutic jurisprudence, but that the possibility of a therapeutic paradigm shift in law can be reconciled with many adversarial and due process principles by relating this incommensurability to a broader disciplinary matrix.
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White, Benjamin P. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission." Thesis, University of Oxford, 2005. https://eprints.qut.edu.au/17521/1/c17521.pdf.
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This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact -- A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake --
A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
Books on the topic "Legal institutions (including courts and justice systems)"
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Salomatin, Alexey, and Aleksander Malko. Strategy of Developments of Justice Under Globalization. ru: Publishing Center RIOR, 2016. http://dx.doi.org/10.12737/20773.
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Strategy of Development of Justice work of the researchers from Moscow, St.Petersburgh, Penza, Saratov and Saransk is devoted to the court systems of different countries, including Russia. The authors dead with the problems of functioning of supreme and constitutional courts, peace of justices, court federalism, courts in the integrative international unions. The monograph is supplemented with the results of social and legal monitoring of justice in contemporary world.
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Provost, René. Rebel Courts. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190912222.001.0001.
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Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
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Van Schaack, Beth. Imagining Justice for Syria. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190055967.001.0001.
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This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity that is Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. The book tracks a number of accountability solutions to this tragic state of affairs that are being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the reactivation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geopolitical blockages within the U.N. Security Council. In so doing, it presents the range of juridical measures—both criminal and civil—that are available to the international community to respond to the crisis, if only the political will existed.
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Foster, Nigel. Foster on EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198794608.001.0001.
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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences, also of Germany, and France as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. It follows the further developments of Art 263 TFEU and has re-arranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
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Foster, Nigel. Foster on EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198839804.001.0001.
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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
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Foster, Nigel. Foster on EU Law. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897961.001.0001.
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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a briefer look at a number of other member states and contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the European Convention on Human Rights. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Art 263 of the Treaty on the Functioning of the European Union and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice. The relationship between the UK and the EU and Brexit are dealt with in a new, dedicated chapter.
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Berger, Tobias. The Project ‘Activating the Village Courts’. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198807865.003.0005.
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International donor agencies have only recently started again to turn towards non-state courts as potential sites for the promotion of human rights and the rule of law. This chapter analyses this turn by focusing on one project aimed at activating village courts in Bangladesh. The project is the largest donor-sponsored intervention in non-state justice systems anywhere in the world today. The chapter reconstructs the genesis of the project. It thereby not only reveals strong parallels between the contemporary project and its colonial predecessor but also shows how the contemporary project with the village courts emerged in recursive processes of translation between international bureaucrats and Bangladeshi legal experts. The chapter concludes with an analysis of the different ways in which the EU, UNDP, and local NGOs make sense of the village courts as institutions of the rule of law, democratic governance, and local justice.
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de Búrca, Gráinne, ed. Legal Mobilization for Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192866578.001.0001.
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There has been a turn in human rights scholarship from a top-down focus on laws, institutions, courts, and elite actors towards a more bottom-up focus on civil society activists, advocacy groups, affected communities, and social movements. The chapters in this book discuss some of the causes, modalities, choices, and consequences of legal mobilization for human rights, including which groups claim rights, what rights they mobilize to protect, the goals they pursue, the forums they use, the obstacles they encounter, and to what degree and in what ways they are successful. The chapters include case studies of LGBTQ+ activism in authoritarian political systems, women’s engagement with the UN Security Council, the differing strategies of major NGOs as regards human rights approaches to climate change, the work of Indigenous communities resisting extractivism, and the legal empowerment of communities in a range of locations and contexts. Key themes emerging from the chapters include: the importance of the idea of human rights to communities that are dominated or marginalized; the ways in which political and societal authoritarianism shape and limit (but do not necessarily exclude) opportunities for effective mobilization; the importance of the choice of forum for seeking to bring about change; the role intermediary actors such as leading NGOs can play in innovating and reorienting strategies to address pressing challenges; the possibilities for subaltern mobilization to reshape human rights law and transform international legal understandings and concepts; and the importance of supporting genuinely community-led legal mobilization.
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Damien, Geradin, Layne-Farrar Anne, and Petit Nicolas. EU Competition Law and Economics. Oxford University Press, 2012. http://dx.doi.org/10.1093/law-ocl/9780199566563.001.0001.
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This EU competition law treatise fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a “more economic approach” to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Ensuring an integrated approach to legal and economic analysis, the book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economic foundations of EU competition law. What follows is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements, vertical restraints, and technology transfer agreements.
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Boehm, Deborah, and Susan Terrio, eds. Illegal Encounters. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479887798.001.0001.
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The book considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the volume is to understand how children and youth encounter, move through, or are outside of a range of legal processes, including border enforcement, immigration detention, federal custody, courts, and state processes of categorization. Even if young people do not directly interact with state immigration systems—because they are U.S. citizens or have avoided detention—they are nonetheless deeply impacted by the reach of the government in its many forms. Combining different perspectives from advocates, service providers, attorneys, researchers, and, significantly, young immigrants, the book presents ethnographically rich accounts that can contribute to informed debates and policy reforms. By underscoring the ways in which young people encounter and/or avoid legal systems, the book problematizes the policies, laws, and legal categories that shape so much of daily life of young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following young people as they move into, through, and out of the complicated immigration systems and institutions in the United States.
Book chapters on the topic "Legal institutions (including courts and justice systems)"
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Schroeder, Werner. "The Rule of Law As a Value in the Sense of Article 2 TEU: What Does It Mean and Imply?" In Defending Checks and Balances in EU Member States, 105–26. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_5.
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AbstractThe rule of law is a value on which the European Union is founded, and which shall be respected and observed by its Member States. This value is not merely an ethical standard but a binding legal principle that is applicable to legal disputes under Union law. The treaties, however, do not provide a definition of this principle. From a Union law perspective, it is therefore indispensable to determine the rule of law more precisely; not only is it referred to in treaty law (Article 2 TEU), but understood by Union courts as a constitutional meta-principle that informs other constitutional norms and may justify review proceedings and sanctions against Member States. The Commission Framework to strengthen the Rule of Law of 2014 does not suffice to shape a ‘Union rule of law’. It relies primarily on the case law of the Court of Justice of the European Union. Yet, this judicial concept of the rule of law is somehow restricted as it focuses almost exclusively on the role of the judicial branch in the Union’s constitutional system. Common European constitutional traditions, however, show that the core concern of the rule of law is the containment of public authority by institutional arrangements. In view of these traditions and the practice of the Union institutions, including the CJEU, consensus at the Union level might be achieved on the fact that the rule of law comprises not only strictly formal standards, but also material criteria of justice related to the juridical shaping of decision-making processes. These elements of the rule of law are intrinsically linked to fundamental rights and shall ensure that within the scope of Union law any public power is exercised in a non-arbitrary and legitimate way. To this end, the Union rule of law may not only be understood as a formal set of objective norms, but as ensuring the protection of individual rights as well.
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Letto-Vanamo, Pia. "Courts and Proceedings: Some Nordic Characteristics." In Ius Gentium: Comparative Perspectives on Law and Justice, 21–36. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_2.
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AbstractThis paper will discuss the characteristics of the court system and proceedings in the Nordic countries. The analysis is based on the idea of Nordic legal systems as a group bound both by historical similarities between them and by advanced legal cooperation between different legal actors. First, the main features of socio-legal developments, legal theory and legal practices characterising Nordic legal systems are discussed. Then, ideas, methods and results of cooperation in the field of law are described. ‘Nordicness’ within legal and judicial institutions is highlighted with three examples. The first example concerns popular participation, especially the importance of lay judges. The second example concerns the relationship between the legislator and the judiciary and the non-existence of constitutional courts. Finally, the third example discusses the many modes of conflict resolution typical in the Nordic countries.
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Sunde, Jørn Øyrehagen. "The History of Nordic Legal Culture and Court Culture: The Story of What Should not Have Been, but Still Came to Be." In Ius Gentium: Comparative Perspectives on Law and Justice, 49–67. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_4.
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AbstractThe story of the making of a Nordic legal culture and court culture appears, at first glance, to be a story of what should not have been. Culture is about commonalities arising from common experiences. However, the similarities between the Nordic countries’ political history are limited, with no common institutions before the late nineteenth century, large language similarities but no common legal language, and—most importantly—no common legal procedure. Still, the natural conditions in the very north of Europe came to shape the political and legal systems in similar ways, stimulating the desire to create a Nordic legal culture in the second half of the nineteenth century, with the Nordic Meeting for Lawyers playing a crucial role. Hence, law in the Nordic countries shares several characteristics today: a strong legislative tradition and strong courts with lay participation, accessible legal language in legislation and court decisions and orality in legal procedure, a small number of legal professionals and a small and pragmatic legal science. These characteristics can be viewed as building blocks in an overarching characteristic of Nordic legal culture and court culture: dialogue.
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Wilson, Steve, Helen Rutherford, Tony Storey, and Natalie Wortley. "6. The law and institutions of the European Union (EU)." In English Legal System. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198808152.003.0006.
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The UK is currently a Member State of the European Union (EU). The EU is administered by several supranational institutions including: the European Council; the Council of the European Union; the European Commission; the European Parliament; and the Court of Justice of the European Union (CJEU). The main sources of EU law are primary legislation, ie the treaties, secondary legislation, including regulations and directives, and the case law of the CJEU. Where EU law and national law conflict, EU law is supreme. EU law may have direct effect, i.e. be enforceable by individuals before national courts or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. State liability for breaches of EU law means that Member States are obliged to compensate individuals for consequent loss or damage.
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Wilson, Steve, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha. "6. The law and institutions of the European Union (EU)." In English Legal System, 209–54. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853800.003.0006.
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The UK is a former member state of the European Union (EU). The EU is administered by several supranational institutions including: the European Council, the Council of the European Union, the European Commission, the European Parliament, and the Court of Justice of the European Union (CJEU). The main sources of EU law are primary legislation, i.e. the treaties; secondary legislation, including regulations and directives; and the case law of the CJEU. Where EU law and national law conflict, EU law is supreme. EU law may have direct effect, i.e. be enforceable by individuals before national courts, or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. State liability for breaches of EU law means that member states are obliged to compensate individuals for consequent loss or damage. The Withdrawal Act 2018 includes the key provisions for EU law in the UK post-Brexit.
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Rutherford, Helen, Birju Kotecha, and Angela MacFarlane. "6. The law and institutions of the European Union (EU)." In English Legal System, 211–56. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192858856.003.0006.
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After the ‘Brexit’ referendum the UK left the European Union (EU) at the end of January 2020. Whilst the UK is now no longer a Member State of the EU, the UK’s membership had a significant influence on the English legal system. This chapter looks at the impact of EU membership on the English legal system including its effect on law-making institutions such as Parliament. It examines the consequences of the UK’s recent withdrawal, including the effect of important legislation such as the EU Withdrawal Act 2018. The chapter offers very useful background reading on how EU law is made, interpreted, and applied in Member States. The EU is administered by several supranational institutions including the European Council, the Council of the European Union, the European Commission, the European Parliament, and the Court of Justice of the European Union (CJEU). The main sources of EU law are: primary legislation, i.e. the treaties; secondary legislation, including regulations and directives; and the case law of the CJEU. Where EU law and national law conflict, EU law is supreme. EU law may have direct effect, i.e. be enforceable by individuals before national courts, or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. State liability for breaches of EU law means that Member States are obliged to compensate individuals for consequent loss or damage.
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Marson, James, and Katy Ferris. "2. The English Legal system, Constitution, and Human Rights." In Business Law, 15–42. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198849957.003.0002.
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This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.
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Marson, James, and Katy Ferris. "2. Law, the Constitution, EU Membership, and Human Rights." In Business Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198766285.003.0002.
Full textAbstract:
This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.
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Tridimas, Takis. "The Court Of Justice Of The European Union." In Oxford Principles Of European Union Law: The European Union Legal Order: Volume I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199533770.003.0021.
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The influence of the Court of Justice in the development of EU law has been defining and, in some respects, unprecedented in the history of legal systems. The Court has shaped EU law by establishing the distinct constitutional features of the EU legal order, protecting fundamental rights, defining the internal market, and expanding EU competence. In short, it has had an overwhelming influence in shaping both the economic and the political constitution of the EU. The importance of the judiciary in the development of EU law is not accidental. It has been the result of treaty design, judicial behaviour, and the cooperation of political actors. From its inception, the project of European integration was based on grand objectives, the adoption of framework treaties, and the establishment of new institutions, including an independent court. Treaty design facilitated institutional empowerment and favoured ‘integration through law’ as the underlying narrative. From an early stage, the Court saw itself as the exponent of the normative foundations of integration as a process of catharsis emerging from the ideology of nationalism that led to the Second World War. By establishing direct effect, the Court essentially abolished the state monopoly to grant rights, thereby creating a nascent
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Curtis A, Bradley. "4 Decisions and Orders of International Institutions." In International Law in the US Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780197525609.003.0004.
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This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions, as well as general concerns that have been raised about such delegations relating to democratic accountability. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations, including efforts by criminal defendants to enforce decisions by the International Court of Justice (ICJ) interpreting these provisions. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by discussing the extent to which constitutional concerns relating to international delegations can be adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.
Conference papers on the topic "Legal institutions (including courts and justice systems)"
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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.