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1
Nikolova-Marković, Aleksandra. « Civil judiciary and civil justice ». Megatrend revija 19, no 3 (2022) : 269–86. http://dx.doi.org/10.5937/megrev2202269n.
Texte intégralRésumé :
The term "civil justice" as used here encompasses a wide range of issues related to civil procedural law, as part of EU legislation such as the "European judicial area" or the "European legal zone", where "judicial cooperation in civil matter" is intended as a means to achieve the greater goal of progressively establishing the "area of freedom, security and justice". Civil judiciary is not limited to the notion of useful "cooperation" between judicial authorities in different Member States in the context of ongoing litigation. Instead, more far-reaching (and politically sensitive) measures are envisaged, such as measures to harmonize the rules of civil procedure and the effects of judicial decisions outside the borders of the Member State making the decision.
2
Hess, Burkhard. « The Brussels I Regulation : Recent case law of the Court of Justice and the Commissions proposed recast ». Common Market Law Review 49, Issue 3 (1 juin 2012) : 1075–112. http://dx.doi.org/10.54648/cola2012039.
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The European law of civil procedure is a steady process of evolution and improvement. Marked by growing cooperation between the civil courts of EU Member States, this area of law is now increasingly dominated by judicial competition and by constitutional influences: on the one hand, the judicial systems of the Member States aspire to attract litigation of high value (often by plaintiff-oriented rules), and on the other hand, the European Court of Justice elaborates its case law on the principles of access to justice, free movement of judgments and fair trial in cross-border litigation. At present, the reform of the Brussels I Regulation (Reg. 44/2001) is on the legislative agenda. The main task of the European law-makers is to update the Regulation in order to maintain the sound administration of justice within the European Judicial Area by limiting competition between national judicial systems which does not necessarily correspond to the interests of private litigants. This article describes the ECJ's case law and takes stock of the present state of affairs for the Brussels I Regulation which is the cornerstone of the European law of civil procedure.
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Lenaerts, Koen. « THE CONTRIBUTION OF THE EUROPEAN COURT OF JUSTICE TO THE AREA OF FREEDOM, SECURITY AND JUSTICE ». International and Comparative Law Quarterly 59, no 2 (avril 2010) : 255–301. http://dx.doi.org/10.1017/s0020589310000023.
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ABSTRACTThe aim of this article is to provide an overview of the European Court of Justice's (‘ECJ’) past and present contribution— both procedurally and substantively—to the Area of Freedom, Security and Justice. While it is too early to speculate what the ECJ's contribution to this area will be under the provisions of the Treaty of Lisbon, which entered into force on 1 December 2009, the latter's modifications to the ECJ's jurisdiction merit close attention. After describing how the procedural limitations that were imposed on the ECJ's jurisdiction by ex Title IV of Part Three of the EC Treaty and by ex Title VI of the old EU Treaty have been almost entirely eliminated by the Treaty of Lisbon, this article posits that not only does the latter Treaty improve significantly the judicial protection of private individuals, but it also facilitates the dialogue between the Union and the national judiciaries in the Area of Freedom, Security and Justice. Next, the article briefly explores the special ECJ procedures which may be followed in the Area of Freedom, Security and Justice in cases where time is of the essence. There, it is argued that, when having recourse to these procedures, the ECJ strives to strike the right balance between, on the one hand, swift judging and, on the other hand, the preservation of a qualitative and fair judicial procedure. As to substantive issues, drawing on examples from the fields of judicial cooperation in civil matters, asylum and judicial cooperation in criminal matters, it is argued that the ECJ's contribution to this area is largely grounded in the protection of fundamental rights. Finally, a brief conclusion supports the contention that the ECJ's contribution to the Area of Freedom, Security and Justice has favoured a ‘mutual borrowing’ of concepts and principles as between this area and other fields in relation to which the EU has competences, such as the internal market and competition. The Treaty of Lisbon having entered into force, an unprecedented level of coordination between different areas of EU law on both the procedural and substantive levels is to take place. Respect for fundamental rights will definitely be a unifying factor binding them all together.
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Đorđević, Saša, Bren Matevž et Bojan Dobovšek. « The Rocky Road of Serbia to the European Union’s Area of Freedom, Security, and Justice ». European Journal of Crime, Criminal Law and Criminal Justice 30, no 3-4 (27 décembre 2022) : 239–65. http://dx.doi.org/10.1163/15718174-bja10034.
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Abstract The article assesses the Serbian Government’s progress in policy areas of the European Union Negotiating Framework for the accession under Chapter 24 – Justice, Freedom, and Security, like migration, asylum, police, customs and judicial cooperation, and the fight against organized crime, terrorism, and drugs. It builds on a research synthesis of monitoring results from 2013 to 2021 by prEUgovor – a coalition of seven civil society organizations with extensive expertise in examining accession negotiation policies. The research findings show that Government’s performance is advanced in policy areas where the European Union’s insistence and political calculation of national policy-makers exist to benefit domestic and international politics. Serbia performs migration and asylum reforms better than policing and fighting organized crime. Police reform is essential for Chapter 24 but is not targeted at the crucial European Union call asking police to be held accountable and immune from organized crime and political influence.
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Douglas-Scott, Sionaidh. « The EU’s Area of Freedom, Security and Justice : A Lack of Fundamental Rights, Mutual Trust and Democracy ? » Cambridge Yearbook of European Legal Studies 11 (2009) : 53–85. http://dx.doi.org/10.5235/152888712802730585.
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AbstractThe EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
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Douglas-Scott, Sionaidh. « The EU’s Area of Freedom, Security and Justice : A Lack of Fundamental Rights, Mutual Trust and Democracy ? » Cambridge Yearbook of European Legal Studies 11 (2009) : 53–85. http://dx.doi.org/10.1017/s1528887000001543.
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Abstract The EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
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Tulibacka, Magdalena. « Europeanization of Civil Procedures : In Search of a Coherent Approach ». Common Market Law Review 46, Issue 5 (1 octobre 2009) : 1527–65. http://dx.doi.org/10.54648/cola2009062.
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Civil procedure is an increasingly important element of the European Union’s legal system. The interest in it, both on the regulatory and on the academic side, has grown considerably. Time has come to re-evaluate the position. While the policy of “judicial cooperation in civil matters” coordinated by the DG Freedom, Security and Justice contains most EU activities in the area, civil procedure is also the subject of attention from various other actors within the EU. Directorates General Internal Market, Competition, or SANCO are involved in regulating civil procedures on sectoral levels. There is little doubt that coordination of domestic civil procedure rules of European Union Member States is necessary to some extent. This paper tackles two important questions: how far should the harmonization of these rules reach, and can its aims be achieved by the approach taken by the EU at present? It emphasizes the recent phenomenon of decentralized harmonization as a particular challenge to the coherence of the EU policy in the area. It sketches a blueprint for a more coherent approach to Europeanization of civil procedures.
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Huber, Daniela, et Maria Cristina Paciello. « Contesting ‘EU as Empire’ from Within ? Analysing European Perceptions on EU Presence and Practices in the Mediterranean ». European Foreign Affairs Review 25, Special Issue (1 mai 2020) : 109–30. http://dx.doi.org/10.54648/eerr2020014.
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In a context of ongoing popular resistance in the Arab world, the question of how this has affected the view of the EU’s role in the region by European stakeholders has not yet sufficiently be inquired into. How is the EU – and its presence and practices particularly – perceived within its own core, by its policymakers on one hand, and by the European civil society it also involves in its policies, on the other? Institutional stakeholders see the space the EU occupies in the Mediterranean as rather limited with other powers growing in the region. In contrast to this, resistance of European civil society to the current EU role is growing. Not only is the EU now criticized of massive human rights violation itself, specifically in the area of migration, but its whole development model is called into question, including within Europe itself. At the same time, civil society presents a strong alternative imagination of the EU as a non-colonial presence whose practices are based on a universal human rights approach with a strong focus on socio-economic rights/social justice and the inclusion of a variety of actors. European Union, Mediterranean, civil society, democracy, human rights, resilience
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Salverda, Reinier. « Linguistic Justice and Endangered Languages ». Acta Universitatis Sapientiae, European and Regional Studies 9, no 1 (1 octobre 2016) : 39–47. http://dx.doi.org/10.1515/auseur-2016-0006.
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Abstract This contribution will engage with Van Parijs’s approach to linguistic justice and his working principles for the reduction of unfairness in the language domain (in particular, the need for intervention and his territorial principle), reflecting on a range of cases of multilingual practice and linguistic coexistence – respectively, in the multilingual capital of the world which is London today; in Fryslân, the minority language area in northern Netherlands; and in Europe, through its European Charter of Regional Minority Languages. Overall, my argument, on a theoretical level, is for the further exploration of the relationship between linguistic diversity and human rights in civil society; and, on a practical level, for the development of a World Language Atlas as envisaged by UNESCO, containing vital information on all the world’s languages – an urgently needed basic resource for policy-making, to ensure, especially for the world’s many endangered languages, the linguistic justice and fairness advocated by Van Parijs.
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Izarova, Iryna. « Sustainable Civil Justice through Open Enforcement : The Ukrainian Experience ». Academic Journal of Interdisciplinary Studies 9, no 5 (21 septembre 2020) : 206. http://dx.doi.org/10.36941/ajis-2020-0098.
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Ukraine, which is a member of the Council of Europe and is firmly on the path to European integration, develops legislation and legal doctrine with the aim of the implementing European standards. The Association Agreement signed in 2014 set out to put into effect, in particular, the approximation of legislation, the strengthening of judicial cooperation etc. The comprehensive reforms taking place cover various areas of legal regulation, specifically, legal proceedings and the enforcement of judgments. This new legislation in the field of the judicial system was approved in Ukraine in 2015-2017. The low level of trust in the judiciary, inside as well as outside of Ukraine, causes economical relations to suffer increasingly. It impacts inter alia the circulation of judicial decisions between EU Member States and Ukraine, which is not unencumbered by this and may be described as uncertain at best. Regarding all of these, the first part of this paper is about the goal of civil justice definition and defining the enforcement part throughout the process of judicial rights protection in Ukraine. In the second part we are investigating the transitional issues of the creation of an open enforcement system in Ukraine, the challenges and ways to resolve them within the most current trends of sustainable development and inclusive justice. In the conclusion, some theoretical approaches are criticized due to the lack of attention to the very ideas of sustainable justice and a peaceful and strong institutions promotion, which elude the attention of the legislators. The way of its fruition of an open and peaceful judicial enforcement creation through proper goal definition were proposed.
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Poesen, Michiel. « Civil Litigation Against Third-Country Defendants in the EU : Effective Access to Justice as a Rationale for European Harmonization of the Law of International Jurisdiction ». Common Market Law Review 59, Issue 6 (1 décembre 2022) : 1597–632. http://dx.doi.org/10.54648/cola2022113.
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The European Union has taken on an active role in harmonizing the law of international jurisdiction over civil and commercial court disputes. However, the jurisdictional rules contained in the key instrument in the area – the Brussels Ia Regulation – only apply to disputes involving EU-based defendants, save for a few exceptions where defendants domiciled in third countries are also covered. This article will explore the rationale for harmonizing the law of jurisdiction applicable to third-country defendants. This central theme is of particular interest, since further harmonization is once again on the EU’s agenda because of the upcoming revision of the Brussels Ia Regulation. The article will outline that proposals for harmonization are rooted in the aspiration to further effective access to justice. Moreover, it will demonstrate that far from a readily implementable programme, furthering access to justice is a multifaceted aim, the pursuit of which potentially has profound ramifications for the EU rules on civil jurisdiction. civil litigation, third-country defendants, law of jurisdiction, PIL, conflict of laws, Brussels Ia Regulation, harmonization
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Izarova, Iryna, Yurii Prytyka, Tetiana Tsuvina et Bohdan Karnaukh. « Case Management in Ukrainian Civil Justice : First Steps Ahead ». Cuestiones Políticas 40, no 72 (7 mars 2022) : 927–38. http://dx.doi.org/10.46398/cuestpol.4072.56.
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The article aimed to analyze case management in civil justice in Ukraine. Ukraine is one of the members of the Council of Europe and declares its integration path towards the European Union. The Association Agreement between the EU and Ukraine was signed in 2014 and requires the approximation of national legislation, which led to reforms, covering various areas of legal regulation. In the research, the comparative method was used to analyze the legislative provisions of case management, together with the structural method and the historical method to reveal the background of the idea of case management in the past research of Roman Law. The authors concluded that the deep historical beginnings of case management are based on Roman law, and the idea of restoring this phenomenon is fully reasonable today. Finally, the implementation of case management in procedural legislation must be reassessed and adapted to the complex of the rights protection system, helping to transform the role of the court in the dynamics of the civil judicial process.
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Kornezov, Alexander. « The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable ? » Cambridge Yearbook of European Legal Studies 15 (2013) : 227–54. http://dx.doi.org/10.5235/152888713809813486.
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AbstractEven though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and the European Arrest Warrant. It then puts forward a number of solutions which could be included either in the accession agreement itself or in the post-accession case law of the ECtHR and which allow not only for the preservation of the coherence and integrity of the AFSJ but also for external judicial control on human rights matters in the AFSJ.
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Kornezov, Alexander. « The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable ? » Cambridge Yearbook of European Legal Studies 15 (2013) : 227–54. http://dx.doi.org/10.1017/s1528887000003062.
Texte intégralRésumé :
Abstract Even though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and the European Arrest Warrant. It then puts forward a number of solutions which could be included either in the accession agreement itself or in the post-accession case law of the ECtHR and which allow not only for the preservation of the coherence and integrity of the AFSJ but also for external judicial control on human rights matters in the AFSJ.
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Arzu Jabbarov, Rahman. « THE ROLE OF COURT OF JUSTICE WITHIN THE EU TAXATION LAW ». SCIENTIFIC WORK 65, no 04 (23 avril 2021) : 341–45. http://dx.doi.org/10.36719/2663-4619/65/341-345.
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Key words: EU taxaion, functions Court of justice of EU, role of CJEU in EU taxation, creative jurisprudence Introduction The “European tax law” is a set of regulations issued by the EU institutions and designed to provide the control of tax matters over the tax legislations of the Member States. However, the existence of EU rules aimed to regulate the procedures for taxation in the European Member States is not enough to identify an area of an independent and autonomous law. In fact, if the tendency to profile the EU law is developing in the recent times, in order to valorize the regulatory provisions of specific areas of the legal system (giving a meaning to the definition of “European private law” or “European administrative law” or even “European trial law”), it must be considered that the identification of an autonomous sector of law requires the logic of a “legal system”; it basically implies the existence of principles and juridical values and the dynamic relationships between the norms. Therefore, the existence of a set of general rules by EU institutions cannot be considered sufficient to identify a “European tax law”; if these rules compose a mere aggregate without a functional meaning, the element of the systematic unity would be lacking and there should not be an autonomous order of law. In any case, there are several elements which lead to identify an independent and autonomous sector of law in the set of EU norms regarding the taxation law. On the other hand, it must be noted that the fiscal discipline drawn up by the EU sharply drifts away from the developmental lines of the modern tax law. In fact, the whole of the European fiscal regulations essentially meets the logic of the market integration on the basis of the principles of the trading free competetion regardless of the nationality or the residence. Therefore, the tax system is free of its potential load of “obstruction” regarding the free movement of capitals, people, goods or services (the four freedoms of European tradition), in order to show up as a system of “neutral” rules compared to the market and the economic forces of a “free system”. There is a complete lack of the tradition of the European constitutional values which characterize the basic skills of the taxation phenomenon. Particularly, it can be observed as a lack of the “fiscal interest”, intended as the general interest of the associates to the acquisition of tax resources in order to facilitate the social development, the institutional progress, the growth of the Welfare State and the essential equality of all the members of the civil community. Likewise, there is no trace of a reference to the ability to pay, an inescapable principle of distribution of tax burdens among the associates in order to ensure the concrete pursuit of a logic of the national wealth redistribution, which is at the same time a measure of guarantee and a safeguard of the individual sphere from the public administration excesses operated for the tax burden.
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Kurosz, Krzysztof. « Sprawiedliwość prawnomaterialna a proceduralna – kilka uwag na temat napięć między różnymi postaciami sprawiedliwości w prawie cywilnym ». Studia Iuridica 70 (8 novembre 2017) : 111–0. http://dx.doi.org/10.5604/01.3001.0010.5645.
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The article analyzes the concept of justice in both procedural and substantive aspects of civil law, with regards to John Rawls’ notion of “procedural justice”. The basic problem of the article is the question if each outcome of a fair procedure is just by the token of the fairness of the procedure. The author argues that such a standpoint, claiming that the procedure itself creates a just decision, will be incompatible with Article 45 paragraph 1 of the Polish Constitution. This paragraph grants the right to just adjudicature, which takes into account the whole substantive law. There are areas in law where conflicts between the procedural and the substantive justice are possible. Such an area is the adversary trial proceedings and evidentiary proceedings. The Court of Justice of the European Union emphasizes that there are such groups of legal entities (eg. consumers), for which it is necessary to regard ex officio all of facts pointing to the unjust treatment of consumer. The similar point of view was expressed by the Supreme Court of Poland. The Supreme Court of Poland allowed an evaluation of a claim which includes principles of justice, even if the defendant doesn’t take any position. This belief agrees with the standpoint of E. Waśkowski, who emphasized that the sentence should be “rightful”.
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Prytyka, Yu, et I. Izarova. « FORMATION OF THE NATIONAL DOCTRINE OF CIVIL PROCEDURE IN THE WORKS OF SCIENTISTS OF KYIV UNIVERSITY WITHIN UKRAINE'S INDEPENDENCE PERIOD ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 118 (2021) : 99–106. http://dx.doi.org/10.17721/1728-2195/2021/3.118-18.
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The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.
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Peers, Steve. « Mission accomplished ? EU Justice and Home Affairs law after the Treaty of Lisbon ». Common Market Law Review 48, Issue 3 (1 juin 2011) : 661–93. http://dx.doi.org/10.54648/cola2011029.
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The legal framework regarding EU Justice and Home Affairs Law was changed fundamentally by the Treaty of Lisbon, so that the usual rules on decision-making, jurisdiction of the Court of Justice, legal instruments and legal effect are now largely applied to this area of law. The various issues falling within the scope of JHA law are now set out in Title V of Part Three of the Treaty on the Functioning of the European Union, which is divided into five chapters, beginning with general provisions, followed by chapters on immigration and asylum, civil law, criminal law and policing law. This paper examines the application of the new rules in practice, in particular the impact of extending QMV; the extended legislative powers of the European Parliament; the role of the Commission as compared to the Member States; and the role of national parliaments. It concludes that this area of EU law is now fully part of the mainstream, with the exception of the special opt-outs for three Member States. However, it now follows that some of the general problems of EU law apply to JHA legislation, and there are emergent problems ensuring that JHA legislation is applied in practice by Member States, in particular from the perspective of the ECHR.
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Eboe-Osuji, Chile. « State Immunity, State Atrocities, and Civil Justice in the Modern Era of International Law ». Canadian Yearbook of international Law/Annuaire canadien de droit international 45 (2008) : 223–70. http://dx.doi.org/10.1017/s0069005800009322.
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SummaryThe exercise of civil jurisdiction by a national court over a foreign sovereign has been a perennial source of controversy in international relations. It resulted in the development of the doctrine of state immunity, founded on the notion of the comity of nations. The doctrine at some point was considered an absolute rule. With time, exceptions to the rule were accepted, notably in the area of commercial activities. In recent times, there has been a movement to recognize a further exception involving violation of jus cogens norms in order to limit the tendency of certain state agents to engage in gross violations of human rights and humanitarian norms. Yet this movement has encountered strong resistance. The resistance is apparent in three decisions rendered respectively by the European Court of Human Rights, the Ontario Court of Appeal, and the British House of Lords. In this article, it is contended first that the resistance noted in these cases is largely founded on fundamental misconceptions. It is further contended that the comity of nations is no longer sustainable as a rational basis for the doctrine of state immunity, especially in the face of jus cogens as a peremptory norm of international law.
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Kovler, Anatoly, et Evgeniy Fokin. « The Venice Commission and the European Court of Human Rights : common grounds ». Meždunarodnoe pravosudie 11, no 2 (2021) : 72–92. http://dx.doi.org/10.21128/2226-2059-2021-2-72-92.
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Interaction of international justice bodies with expert organizations has not been the subject of an analysis performed by legal scholars. Meanwhile, cooperation between the European Commission for Democracy through Law (better known as Venice Commission) and the European Court of Human Rights makes it possible to establish many touch points in their activities. Despite the obvious differences in their status and subject competences both bodies are distinguished by the similarity of methodological approaches as evolutive interpretation of law, doctrine of margin of appreciation, conceptual framework. In the last decade the convergence of legal positions of the European Venice Commission and the European Court has noticeably increased. This is particularly evident in the reports of the Venice Commission and the European Court Grand Chamber’s judgments. The Commission’s 2020 report on individual access to constitutional justice, presented by a former judge of the European Court of Justice and now a member of the Venice Commission, Angelika Nussberger, is an illustrative example of this convergence of the positions of both institutions on the highly sensitive area of public relations. The practice of providing amicus curiae expert opinions by the Commission at the request of the European Court has also become more widespread. Dozens of judgments of the ECHR of the last decade contain lengthy references to the legal positions of the Commission. The article analyzes some of them. The authors conclude that this methodology strengthens the credibility of the reasoning for the Commission’s Opinions and the Court’s judgments. In the judgments of the European Court in cases concerning Russia there are also some references to the legal positions of the Venice Commission. This applies primarily to decisions on the implementation of civil and political rights of citizens. The article also analyses some of the acts of the Commission and the Court that have similar subjects of consideration. The authors conclude that the interaction of the Venice Commission and the European Court provides a unique example of the synergy of judicial interpretation of law and the opinions of the expert community. First of all, these are the issues of the functioning of the justice systems, the participation of citizens in political life, the electoral system, and freedom of speech. Ultimately, both institutions are involved in the realization of the quasi-utopia of creating a common European legal space.
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Tsal-Tsalko, Yuliia, Volodymyr Dryshliuk, Oleksandr Antonenko, Oleksandr Pashchenko et Anhelina Korshun. « The practice of the ECtHR in economic and civil law and process : international legal experience ». Revista Amazonia Investiga 12, no 61 (28 février 2023) : 155–64. http://dx.doi.org/10.34069/ai/2023.61.01.16.
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The article examines the practice of the European Court of Human Rights (hereinafter referred to as the ECtHR) in commercial and civil law and process, in particular, in the context of implementing compliance in the company. In particular, it is determined which complaints regarding which provisions of the Convention affect business compliance practices and which conclusions from relevant cases the business community implements when building a compliance system. The article examines the question of classifying compliance as an asset that constitutes the company's added value, namely, the category of "goodwill" in accordance with the practice of the European Court of Justice in this area. The purpose of the work is to analyze the international legal experience of using the practice of the ECtHR in economic and civil law and process. The methodological basis of this study is the following methods: methods of analysis and synthesis, methods of induction and deduction, the system method, structural method, functional method, technical-dogmatic method, special-legal method, comparative method, method of legal modeling, method of analysis and synthesis, a method of theoretical generalization and systematization. As a result of the study, the foreign experience of implementing the judicial practice of the ECtHR in economic and civil law and process was analyzed.
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Hesselink, Martijn W. « European Contract Law : A Matter of Consumer Protection, Citizenship, or Justice ? » European Review of Private Law 15, Issue 3 (1 juin 2007) : 323–48. http://dx.doi.org/10.54648/erpl2007021.
Texte intégralRésumé :
Abstract: In its ‘First Annual Progress Report on European Contract Law and the Acquis Review’, the European Commission recently announced that, within the Common Frame of Reference process, it will prioritize the revision of the consumer acquis. This ‘reprioritization’ has a number of practical consequences. However, the more fundamental question is what the effect of a renewed focus on consumer protection will be on the character of European contract law, and on the way in which the Union addresses and views the people living in Europe. This question will become all the more important if the Commission is going to attempt, as it seems to envisage, some comprehensive and exclusive European legislation with regard to contracts with consumers (all or certain important ones, notably sales). Obvious alternatives to the consumer protection approach to the Europeanization of contract law include the perspectives of European citizenship and of justice. Does it matter whether European contract law is developed as a matter of consumer protection, citizenship or justice? Or, to put it differently, does it make a difference for a contracting party whether she is treated as a consumer, a citizen or a person? This paper argues that it does. It presents the European policies with regard to consumer protection, European citizenship and the Area of justice, and discusses the kind of contract law that each of these approaches leads to and the kind of society they contribute towards. Both the citizenship and, in particular, the consumer protection approach are rejected as an exclusive approach to contract law because they are reductive. They fail to take into account important aspects of human life which would be included in an approach to contract law from the perspective of justice. The conclusion is that European contract law should become a matter of justice. As a consequence, the European Union will need to provide a legal basis for treating contract law as a matter of civil justice. Moreover, the Union will have to articulate a common European conception of justice in contract law. Résumé: Dans son premier rapport annuel sur l’état d’avancement du droit européen des contrats et de la révision de l’acquis, la Commission européenne a annoncé qu’elle donnerait, dans le processus d’un cadre commun de références, la priorité à la révision de l’acquis en matière de protection des consommateurs. Cette priorité renouvelée a un certain nombre de conséquences pratiques. La question fondamentale est cependant celle de l’effet d’une nouvelle accentuation sur la protection des consommateurs, sur les caractéristiques du droit européen des contracts et sur la manière dont l’Union perçoit les personnes vivant en Europe et s’adresse à eux. Cette question deviendra de plus en plus importante si la Commission s’apprête à mettre en oeuvre, comme cela semble envisageable, une législation européenne complète et exclusive relative aux contrats de consommateurs (ou certains contrats importants, comme par exemple les contrats de vente). Des alternatives évidentes à la protection des consommateurs comme manière d’aborder la question de l’européanisation du droit des contrat incorporent des perspectives de citoyenneté européenne et de justice. Est-ce important que le droit européen des contrats soit developpé comme une question de protection des consommateurs, ou co
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Thoma, Ioanna. « La Définition et l'exercice des Compétences Externes de la Communauté Européenne au Domaine de la Coopération dans les Matières Civiles Ayant une Incidence Transfrontiere ». European Review of Private Law 10, Issue 3 (1 juin 2002) : 397–416. http://dx.doi.org/10.54648/5091681.
Texte intégralRésumé :
Before the coming into force of the Treaty of Amsterdam, the cooperation in civil and judicial matters was realized under the institutional framework of the third pillar and particularly via the classical type of international conventions/ treaties concluded between the Member States. Article 65 of the Treaty of Amsterdam transferred part of the cooperation in civil and judicial matters from the third to the first pillar, which consequently led to the adoption of first pillar legal instruments in this field. In the current article, we aim at drawing the present picture of external competences of the European Community and the Member States regarding the cooperation in civil and judicial matters among themselves, but most importantly with third non-Member States. The case law of the European Court of Justice has established certain criteria regarding the exclusive character of the external competences of the Community. For the moment, however, the solutions adopted by the Community organs in the area of cooperation in civil and judicial matters from the point of view of external competences seem to be frequently inconsistent. The perspective of an international convention, a multinational instrument dealing with matters of civil and judicial cooperation just like secondary EC law highlights the perplexity of the questions concerning the sharing of competences between the Member States and the Community. In this new — apparently vague — legal environment, the definition of the role and significance of classical private international law rules needs to be systematically elaborated.
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Ripoll Servent, Ariadna. « Setting Priorities : Functional and Substantive Dimensions of Irregular Immigration and Data Protection Under Co-decision ». Journal of Contemporary European Research 5, no 2 (19 août 2009) : 225–42. http://dx.doi.org/10.30950/jcer.v5i2.177.
Texte intégralRésumé :
During the months leading to the end of the transitional period (January 2005), most academics and actors involved in the Area of Freedom, Security and Justice (ASFJ) expected the introduction of co-decision as the normal decision-making procedure in this area to change the balance between security and liberty. The involvement of the European Parliament as a co-legislator was thought to be a positive aspect, since this institution had persistently adopted a pro-civil liberties stance. Since then, this question has not been systematically tackled in the literature and consequently the impact of co-decision on the AFSJ remains unclear. However, in 2007, Maurer and Parkes looked at the securitised policy-image governing European asylum policy in order to understand why the European Parliament had been unable to redress the balance and establish civil liberties as a priority. Following their line of reasoning, this paper develops the functional and substantive dimensions introduced by these scholars, in order to explain why the European Parliament, and especially the LIBE committee, has been equally unable to change priorities in the fields of irregular immigration and data protection. I argue that the persistent weakness of the European Parliament in the functional dimension, i.e. the need to legitimise its presence in negotiations dealt with under co-decision, has made changes in the substantive dimension difficult to attain. In those areas were the substantive dimension is weak, as was the case in the Returns directive, the need to legitimise the presence of the EP creates more polarisation among the members of the LIBE committee. In those cases where there is a strong substantive alternative in the LIBE committee, as was the case in the Data retention directive, change is hindered by the Plenary, which establishes the strengthening of the functional dimension as a priority for the institution. In both cases the introduction of co-decision led to the persistence of a securitised policy-image and the impossibility of engaging in conflict expansion.
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Parkhomenko, Pavlo. « Elements of child-friendly justice based on the case law of the European Court of Human Rights ». Slovo of the National School of Judges of Ukraine, no 1-2(38-39) (21 novembre 2022) : 18–27. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-2.
Texte intégralRésumé :
Virtually every child is not immune to entering the justice system and this can happen in a variety of ways, covering all areas of justice from the start of a pre-trial investigation to the execution of a judgment in a civil case. In doing so, the justice system should be structured to take into account the «best interests of the child» as broadly understood and to distinguish it from justice where adults are involved. This requires the state, when organising justice, to create special elements in its system aimed at the «best interests of the child», which can be seen quite clearly in the «special features» of child-friendly justice. Alongside this, the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights is an important benchmark in the protection of human rights, not excluding children’s rights. They cover safeguards for a wide range of rights and in many cases it is through the practice of the Strasbourg Court that important trends in the protection of children’s rights can be seen. As a consequence, an analysis of the case law of the European Court of Human Rights helps to highlight the special features of child-friendly justice, which will contribute to the formation of specific elements, establish their presence (or absence) in practice and the possibility to suggest ways to implement them, both in legislation and in law enforcement practice. A summary of the case law of the European Court of Human Rights in cases involving children’s rights demonstrates to us first and foremost the need for special attention in proceedings involving a child. An analysis of the validity of interference with the various rights guaranteed by the Convention, which does not enshrine separate rights for children, highlights particular elements that need to be enshrined in a child-friendly justice system. The above elements are not an exhaustive list to be considered when implementing child-friendly justice, they may complement each other, depending on the specifics of each situation, and they are a good reference point to be reflected both in legislation and in practice, which may be the subject of further scientific discussion and development. Key words: European Convention on Human Rights and Fundamental Freedoms, European Court of Human Rights, child rights, child-friendly justice, best interests of the child.
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Rechtina, I. V. « Ecosystem of Russian legal proceedings and perspective influence of European justice standards ». Ukrainian Journal of Ecology 10, no 6 (28 décembre 2020) : 160–63. http://dx.doi.org/10.15421/2020_275.
Texte intégralRésumé :
The principles of legal proceedings are the basis of the procedural branches of law and reflect its qualitative features within the complex legal ecosystem. This importance is manifested in the legislative sphere, when the legislator in the formulation and adoption of new procedural rules is based on a system of principles in order to avoid contradictions and conflicts; law enforcement area, in the case of filling gaps by applying the analogy of law; scientific (doctrinal) sphere, allowing scientists to use the system of principles in the arsenal of tools that define the boundaries of proposed changes, innovations, excluding absurd, controversial, unjustified proposals. The system of principles is not static, but is constantly transforming under the influence of various factors. Our study examines the transformation of the system of judicial principles under the influence of such factors as the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the rulings of the European Court of Human Rights. The forms of transformation of the system of procedural principles in order to achieve compliance with the requirements of modern society, law and state are highlighted. It is indicated the legislative expansion of the scope of a number of principles that existed in legal proceedings, but do not manifest themselves to the extent that meets the standards of the Convention, as well as the change of the content, content, contextual meaning of the previously existing principle, including its terminological designation. As an example, the principle of procedural equality and the adversarial principle can be mentioned. We proposed to level out the effect of those procedural principles, which do not fit into the system of the Convention norms, as they were typical only for civil proceedings of the Soviet period. This group of principles can include the principle of legal certainty, the principle of procedural economy, the principle of good faith management of procedural rights.
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Cvetković, Nenad, et Mitar Kovač. « Civil missions of the European Union : The case of the EULEX Kosovo mission ». Politička revija 76, no 2 (2023) : 11–31. http://dx.doi.org/10.5937/pr76-43690.
Texte intégralRésumé :
By strengthening its internal strength over the years, the European Union as a supranational organization has shown interest and formed capacities for a stronger foreign policy and security influence on the environment in the last twenty years. The EULEX Kosovo mission was the first real and major test of European security policy in the field of civil affairs and internal security in conflict environments. The rule of law is one of the key civilizational achievements that are not easy to establish in modern societies, as was demonstrated in the case of Kosovo and Metohija, a part of the Republic of Serbia that has been accompanied by decades of security problems for the local population. The analysis of certain indicators that evaluate the rule of law, political stability, corruption and work of judicial and police bodies, indicated that the state of internal security in Kosovo and Metohija has not changed much since the establishment of the EULEX mission. Certain capacities of the temporary authorities in Prishtina in the area of customs, police, and justice have been established, especially in the adoption of the strategic and legal framework, and partly in the creation of adequate material working conditions. On the other hand, the fulfilled formal prerequisites did not produce results in the daily work of the institutions to protect the local population and their human, property, security and other rights. The existence of corruption in the judiciary, police, and customs was registered as a bigger problem, which is connected to the political influence of local authorities and their mutual connections and relations. This is indirectly reflected in the small number of convictions in cases of high corruption and especially organized crime. Kosovo and Metohija still belong to the areas that are highly influenced by organized criminal groups, with the possibility of manifesting terrorism and extremism. The EULEX mission and international forces did not provide the conditions for the return of over 200,000 displaced Serbs, and those who still live in Kosovo and Metohija face the lack of basic security conditions for a normal life. The ideas, principles, and guidelines of the CSDP of the EU have largely failed to be realized within the mission in Kosovo and Metohija for the last 14 years of implementation. There is a need for a detailed analysis by the expert bodies of the EU in order to better prepare and respond to future engagements, and overall to improve the credibility of the EU.
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Alisoy, Khalida. « Developing the right to social security : the experience of European countries ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 54–58. http://dx.doi.org/10.36695/2219-5521.2.2020.09.
Texte intégralRésumé :
Goal: analysis of the development trend of social security law in the practice of developed European countries.Methods of research: analysis and study of domestic legislation on social security.Results: The article analyzes the legislation on social security of a number of economically developed countries of WesternEurope (Germany, France, Great Britain). The main purpose of the analysis is to identify the consistency of the social security legislationof these countries with international law and to identify opportunities to benefit from the positive experience of these countries ingeneral.A high level of social protection is being established in these countries. Nevertheless, the presence of differences in the internalpolitical situation, national traditions, the level of economic development and the social sphere is noted. It is recognized that the leadingstates of Western Europe, despite their natural differences, have common values that unite them. This is due to the fact that these stateshave long recognized that social justice and social equality contribute to economic development. The European social model providesfor joint actions of states and civil society in this area, aimed at meeting the material needs of all citizens, participation in society,strengthening social cohesion.Discussion: take advantage of the experience of developed European countries in the development of social security legislation.
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Ripoll Servent, Ariadna. « Co-decision in the European Parliament : Comparing Rationalist and Constructivist Explanations of the Returns Directive ». Journal of Contemporary European Research 7, no 1 (23 février 2011) : 3–22. http://dx.doi.org/10.30950/jcer.v7i1.298.
Texte intégralRésumé :
This study uses rationalist and constructivist explanations of co-decision in the European Parliament (EP). It seeks to understand the change in the policy preferences of the EP during negotiations on the ‘Returns’ directive – dealing with the voluntary or compulsory return of irregular immigrants. This article shows that the introduction of co-decision contributed considerably to the EP’s change of stance on immigration policies. A long-standing advocate of civil liberties in the Area of Freedom, Security and Justice (AFSJ), the EP was expected to raise the standards of protection for third-country nationals. In view of the inability of the EP to construct a more liberal policy, the study uses two institutionalist approaches to understand why the EP was unsuccessful in raising the standards. Therefore, the approaches aim at identifying the logics and layers of change. The empirical application of the models highlights the necessity to integrate rationalist and constructivist understandings of co-decision in order to understand motivations for policy change. Synergies in the direction of change also point to the importance of institutional motivations, in order to understand major changes in the policy preferences of the EP.
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Stanković, Vladan, et Ana Opačić. « Brussels I regulation : Recognition and enforcement of foreign court decisions in civil and commercial matters ». International Review, no 3-4 (2022) : 168–74. http://dx.doi.org/10.5937/intrev2204176s.
Texte intégralRésumé :
The process of integration of European countries began with the formation of the Coal and Steel Community and as a historical category in a certain domain continues. This decades-long integration has been carried out in phases and in certain segments, and this very way of integration has resulted in these areas not consistently following the basic principles on which the EU is based. The self-proclaimed goal of European integration, its maintenance and development as areas of freedom, security and justice, necessarily required, among other things, instruments and measures related to judicial cooperation in civil and commercial matters, which would ensure the smooth functioning of the EU internal market. The rules of Brussels and regulations establish a single system of recognition and enforcement of foreign court decisions, overcoming the differences that exist in the national systems of member states, and unified rules on simplification of procedures for faster and simpler recognition and enforcement of such decisions. The authors below present the achieved level of unification of these rules from the aspect of functionality, primarily the time needed to execute a foreign decision, reduction of formalities, certainty of outcome and impossibility of conducting a parallel procedure, as the primary goal of Brussels I regulation.
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Galli, Francesca. « Interoperable Databases : New Cooperation Dynamics in the EU AFSJ ? » European Public Law 26, Issue 1 (1 mars 2020) : 109–30. http://dx.doi.org/10.54648/euro2020007.
Texte intégralRésumé :
At present EU institutions and agencies as well as national legislators have ambitious agendas on law enforcement authorities’ access to interoperable information systems, which have become a defining feature of the Area of Freedom, Security and Justice (AFSJ). They are the most advanced form of information exchange, conferring direct information access to competent authorities. Interoperable information systems are intended for the exchange of raw material for investigation purposes, which at a later stage could become evidence at trial. Interoperable information systems challenge existing cooperation dynamics and redefine the role of the actors involved. It is questionable whether mutual recognition and approximation, which have been considered the cornerstone of judicial cooperation in both civil and criminal matters for many years, can describe alone integration dynamics in law enforcement cooperation, particularly with reference to information sharing. This article appraises whether, and to what extent, law enforcement access to and use of interoperable information systems constitute new modes of law enforcement cooperation in the EU AFSJ. It then assesses what would be the implications of such a paradigm shift on information management. After a short overview of the main features of interoperability, it addresses whether and how the establishment and functioning of interoperable information systems actually or potentially redefines the existing distribution of tasks between the EU and Member States and among competent authorities of different kinds. European Union, Area of Freedom Security and Justice, law enforcement, information management, interoperability, approximation, mutual recognition, principle of availability, platform integration
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Krzysztofik, Edyta Anna. « Scope and Exercise of the Exclusive Competences of the Member States of the European Union ». Review of European and Comparative Law 43, no 4 (11 décembre 2020) : 23–46. http://dx.doi.org/10.31743/recl.6056.
Texte intégralRésumé :
The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral. The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.
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Komninos, Assimakis P. « Effect of Commission decisions on private antitrust litigation : Setting the story straight ». Common Market Law Review 44, Issue 5 (1 octobre 2007) : 1387–428. http://dx.doi.org/10.54648/cola2007116.
Texte intégralRésumé :
This article deals with the topical question of the effect of existing or contemplated Commission decisions in the area of competition law enforcement in relation to national civil litigation. It argues that national courts are independent of the European Commission and that the “supremacy” rule of the Masterfoods ruling of the Court of Justice and of Article 16 of Regulation 1/2003 ought not to be interpreted as a broad rule of precedence of public over private enforcement, which would be undesirable, but rather as an instance of the Community law principle of supremacy. For that reason, the duty imposed on national courts is in reality a negative duty of abstention, i.e. a duty “not to contradict” Commission decisions, and not a positive duty to follow entirely such decisions, since the latter do not produce a positive binding effect in a system of parallel competences. At the same time, the courts’ duty not to contradict Commission decisions extends only to the operative part of Commission decisions and not to their reasoning, which means that courts are never bound by decisions dealing with merely similar facts. Based on these premises, the article proceeds to examine four different scenarios of conflict between Commission administrative and national civil proceedings and to propose ways to resolve such conflicts.
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Bloks, Suzanne Andrea, et Ton van den Brink. « The Impact on National Sovereignty of Mutual Recognition in the AFSJ. Case-Study of the European Arrest Warrant ». German Law Journal 22, no 1 (janvier 2021) : 45–64. http://dx.doi.org/10.1017/glj.2020.99.
Texte intégralRésumé :
AbstractNational sovereignty has been the key consideration for basing judicial cooperation in the European Union on mutual recognition. More than one decade after the creation of the Area of Freedom Security and Justice (AFSJ), this contribution assesses whether mutual recognition-based EU legislation in civil and criminal law indeed respects national sovereignty. To this end, it studies the Framework decision on the European Arrest Warrant (EAW), the EU’s flagship instrument in the AFSJ. We distinguish two elements of national sovereignty: (a) the protection of the State and its basic structures (its statehood); (b) the State’s values, principles and fundamental rights (its statehood principles), and assess the EAW from a dynamic perspective: from its initial inception, in which mutual trust primarily implied little interferences with the laws and practices of issuing states, to the current state of affairs which is marked by what could be called a ‘mutual trust supported by harmonization’- approach. Especially in the judge-driven harmonization of the EAW and the dialogue between judicial authorities we witness important (and oftentimes overlooked) elements that impact national sovereignty. At the end, the findings of the article are put in the context of the current rule of law crisis in the EU.
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Groussot, Xavier, et Ziva Popov. « What’s wrong with OLAF ? Accountability, due process and criminal justice in European anti-fraud policy ». Common Market Law Review 47, Issue 3 (1 juin 2010) : 605–43. http://dx.doi.org/10.54648/cola2010028.
Texte intégralRésumé :
Although OLAF has numerous areas of activity – such as performing coordination, assistance and monitoring functions, improving cooperation with and between the Member States and developing anti-fraud policy – its investigation function is of prime importance. When OLAF carries out internal and external investigations, it should obviously do so with integrity, impartiality and professionalism, respecting above all individuals’ fundamental rights and freedoms. Unfortunately, this is not always the case in practice. OLAF is indeed in a delicate position and has to balance the effectiveness of its investigations and the so-called “culture of accountability”. Problematically, the judicial review of OLAF’s acts is still very weak and the action in damages is often the only remedy available to the persons in the investigatory process. This lack of protection has been a matter of constant worry since OLAF’s establishment. The case law of the Union judicature is nowadays particularly active and rather progressive when it comes to the protection of the rule of law within OLAF’s investigations. Notably, the Civil Service Tribunal has delivered some very innovative rulings on this matter which depart from the mainstream case law. This judicial tension reflects, arguably, a deeper malaise. Perhaps, an institutional reform should be undertaken. This is all the more true since the Lisbon Treaty clearly brings to us new perspectives on the protection of Union financial interests, for instance developments in EU criminal law and the possibility of a European Public Prosecutor.
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Lopata, Maryan. « Political Preferences of the Ukrainian National Minority in Poland in the Elections to the European Parliament ». Humanitarian vision 7, no 2 (16 novembre 2021) : 8–15. http://dx.doi.org/10.23939/shv2021.02.008.
Texte intégralRésumé :
The paper describes, interprets, and characterizes the results of elections to the European Parliament in Poland based on the voting behaviour of the Ukrainian national minority. In the article, four European elections 2004, 2009, 2014, and 2019 were considered. The research hypothesizes is that the Ukrainian national minority could have a distinct voting behaviour from their region of permanent living and voted obviously for the representatives of liberal and leftist political forces rather than for far-right and right, or even far-left candidates on the elections to the European Parliament. In the years 2004-2019, an interesting phenomenon could be observed in the elections to the European Parliament in the area of communes inhabited by the Ukrainian population. In the «Ukrainian» municipalities located in the northern part of Poland, where the electorate was rather liberal (Civic Platform) or possibly anti-system (Self-Defence) the election results did not differ from the rest of the regions. This phenomenon was inherent in both the West Pomeranian and Warmia-Masurian voivodships. On the other hand, in the Komańcza commune, which is located in the Subcarpathian voivodship, in which the conservative electorate has been the strongest, the results of the voting in the “Ukrainian” commune were significantly different from other communes of the region. In other words, the results of the elections in Komańcza were much more similar to the results obtained in northern and western Poland than to the results in the South-Eastern Poland. The article concludes that, in general, those municipalities, where the citizens of Ukrainian descent consist at least 10% of the overall population, vote for more liberal parties to the European Parliament. Instead, the support of rightwing political parties like Law and Justice, Kukiz’15, Korvin Confederation as a right-wing parties is much lower. Even during elections to the European Parliament in 2019, Law and Justice, victorious in the rest of the country, evidently had lower support in “Ukrainian” municipalities. The Civic Platform is perceived as a much more moderate party, guaranteeing, in their opinion, representatives of the Ukrainian minority a greater sense of security and comfort of living in the Polish state.
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Bechet-Golovko, K. « Administrative Quasi-Judicial Bodies : A Tool for the Independence of Justice from the State ? » Lex Russica 1, no 9 (26 septembre 2019) : 158–67. http://dx.doi.org/10.17803/1729-5920.2019.154.9.158-167.
Texte intégralRésumé :
The paper analyzes the legal institution of administrative quasi-judicial bodies in the Anglo-Saxon and continental European legal families. In general, administrative quasi-judicial bodies refer to bodies created by the state (the legislature or, as in the US, the president) for the purpose of regulating certain critical areas of activity (the economy and human rights), as well as for settling disputes out of court, when the state does not consider itself legitimate to intervene directly. For ideological reasons, this institution is more developed in the AngloSaxon countries, in which the mechanisms of deregulation, or the phenomenon of deetatization, are the norm of government. In the countries of the European-continental model, the state played a decisive role for a long time, which is why the spread of this institution began later and was carried out more slowly, mainly after the Second World War, when the state was discredited ideologically in favor of civil society. The relevance of these bodies to the state continues to give rise to many doctrinal disputes, especially in the context of their independence. The independence of quasi-judicial administrative bodies does not mean that they are irresponsible and that the state that creates them has no obligations. Moreover, all legal principles and guarantees of the independence and impartiality of justice are applied in the performance of judicial functions by these bodies. Here there is an ideological impasse: attempts to alienate justice from the state through the establishment of para-state judicial bodies will result either in their politicization or in their return to the public sphere.
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Bode, Jola, et Etlon Peppo. « Issues of Implementation of the Fair Trial in the Albanian System : Analysis in the Framework of the Constitutional Court and ECHR's Jurisprudence on Albania's Cases ». Academic Journal of Interdisciplinary Studies 11, no 6 (5 novembre 2022) : 59. http://dx.doi.org/10.36941/ajis-2022-0149.
Texte intégralRésumé :
The process of a fair trial constitutes an important part of human right standards, for which Albania is making efforts to develop. Article 6 (1) of the European Convention on Human Rights (ECHR), being the main tool in the area of fundamental rights and freedoms, lists the components of a fair, independent, impartial, legal and public trial within a reasonable time applicable in both civil and criminal trials. The paper aims to present an overview of the evolution of this principle in the Albanian constitutional system in order to understand how this principle has evolved in a former dictatorship such as Albania and how much this principle conforms to the standards sanctioned under Article 6 (1) of the ECHR. As one of the most significant legal events in Albania, judicial reform’s impact on the justice system is also analysed regarding the application of the standards of a fair trial. Naturally, all components of a fair trial are of essential importance, but considering gaps in enforcement and issues of their practical misinterpretation, this paper is focused in components such as: access to justice, trial within a reasonable time and trial by an independent and impartial court. Through the jurisprudence of the Albanian Constitutional Court and European Court of Human Rights on cases against Albania, the present paper outlines and seeks to address the matters of enforcement of such components in the Albanian system, such as: How is the constitutional defence of a free trial provided and what has been the Constitutional Court’s role in this regard? How have ECHR’s guidelines on cases against Albania affected the correction of misinterpretations in the national system? How has the judicial reform affected the enforcement of such components, and what are the subsequent problems and challenges? In conclusion, we present some opinions regarding the need to increase the standard of the defence of these components referring to a fair trial, particularly in the area where the largest number of problems have been identified by the practice.
Received: 21 August 2022 / Accepted: 10 October 2022 / Published: 5 November 2022
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Zvirko, O. Y., et O. O. Osipova. « On the issue of optimizing the activity of administrative courts in the light of judicial and legal reform in Ukraine ». Legal horizons, no 22 (2020) : 98–104. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p98.
Texte intégralRésumé :
The article is dedicated to the problems of optimization of administrative court system of Ukraine in connection with the ongoing reform of the courts. The available arguments for and against reforming the acting model of administrative justice of Ukraine are discussed. It has been clarified that the system of administrative courts in force has been specially approved for the adoption of Ukrainian society. The results of the statistical analysis show how it can successfully cope with deliveries to its arrogance. Indicate that you must reinsert the court system and recapture the administrative courts with the common courts. At the same time, with healthy administrative conviction, there are a few significant problems, among them we can call access to administrative justice and delimitation of administrative courts jurisdiction from commercial and common courts jurisdictions. A closer look at the problems that need to be solved will require a farther and more thorough amendments to optimize the administrative courts activity. It has been concluded that the model of administrative justice in Ukraine since 2005 in the form of a separate subsystem of administrative courts of both the first and second links fully meets European standards and ensures the implementation of the rule of law, protection of rights and legitimate interests of individuals and legal entities, judicial control over legality and decisions of public authorities and their officials. There are no good grounds for its change (merger with courts of civil and criminal jurisdiction). Such reform will do more harm than good, negatively affect the quality of justice, the professional level of the judiciary. Prospects for further reform of administrative proceedings in Ukraine are in the area of introduction of modern mediation procedures, electronic proceedings, improvement of control over the legality of court decisions by higher courts (especially the Supreme Court of Ukraine), optimization of the burden on judges by establishing rational norms of their activity, depending on the number of cases received by the courts, the development and implementation of more effective mechanisms for the selection, training, retraining and accountability of judges.
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Zvirko, O. Ye, et O. O. Osipova. « DOCTRINAL ASPECTS OF OPTIMIZATION OF ADMINISTRATIVE PROCEEDINGS OF UKRAINE ». Actual problems of native jurisprudence 3, no 3 (juin 2021) : 120–25. http://dx.doi.org/10.15421/392159.
Texte intégralRésumé :
The article is dedicated to the problems of optimization of administrative court system of Ukraine in connection with the ongoing reform of the courts. The available arguments for and against reforming the acting model of administrative justice of Ukraine are discussed. It has been clarified that the system of administrative courts in force has been specially approved for the adoption of Ukrainian society. The results of the statistical analysis show how it can successfully cope with deliveries to its arrogance. Indicate that you must reinsert the court system and recapture the administrative courts with the common courts. At the same time, with healthy administrative conviction, there are a few significant problems, among them we can call access to administrative justice and delimitation of administrative court jurisdiction from commercial and common courts jurisdictions. A closer look at the problems that need to be solved will require a farther and more thorough amendments to optimize the administrative courts activity. It has been concluded that the model of administrative justice in Ukraine since 2005 in the form of a separate subsystem of administrative courts of both the first and second links fully meets European standards and ensures the implementation of the rule of law, protection of rights and legitimate interests of individuals and legal entities, judicial control over legality and decisions of public authorities and their officials. There are no good grounds for its change (merger with courts of civil and criminal jurisdiction). Such reform will do more harm than good, negatively affect the quality of justice, the professional level of the judiciary. Prospects for further reform of administrative proceedings in Ukraine are in the area of introduction of modern mediation procedures, electronic proceedings, improvement of control over the legality of court decisions by higher courts (especially the Supreme Court of Ukraine), optimization of the burden on judges by establishing rational norms of their activity, depending on the number of cases received by the courts, the development and implementation of more effective mechanisms for the selection, training, retraining and accountability of judges.
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Giannetto, Leila. « CSOs and EU Border Management : Cooperation or Resistance ? The Case of Frontex Consultative Forum ». American Behavioral Scientist 64, no 4 (22 octobre 2019) : 501–24. http://dx.doi.org/10.1177/0002764219882988.
Texte intégralRésumé :
The so-called European migrant or refugee crisis, started in 2015, has marked the climax of an increasing European tension on the management of the external borders, tension that had been building up since the turn of the century. In this particularly turbulent period, civil society organizations (CSOs) lobbying for human and migrant rights have expanded their presence not only operatively at the land and sea borders of the European Union (EU) but also at the EU governance level. With the growing importance of agencies in the EU executive space in terms of competences and resources (i.e., agencification), advocacy groups have started to direct their advocacy efforts toward EU agencies, particularly in the Area of Freedom Security and Justice. The most controversial EU agency in this scenario is the 13-year-old agency Frontex, now called European Border and Coast Guard Agency, which is also where the presence of CSOs has become more substantial in terms of competences and ability to access information on the operational and strategic activity of the agency. The aim of this article is to establish how this relationship between Frontex and CSOs has developed over time and what has been the impact of this relationship on the agency on fundamental rights matters. This study addresses these two issues by, first, analyzing the CSOs represented within Frontex Consultative Forum (CF) on fundamental rights, their aims and lobbying strategies vis-à-vis Frontex; second, the evolution of their relationship with the agency and the rationale of their permanence within the CF; and, last, their impact on Frontex’s understanding of fundamental rights. Considerations on advocacy activity outside of the CF are also presented by stressing the difference in ideology between organizations that decided to advocate for fundamental rights from within or outside Frontex.
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Zečević, Slobodan. « Contribution to discussions about existence of the constitutional law of the European Union ». Arhiv za pravne i drustvene nauke 11, no 1 (2023) : 9–27. http://dx.doi.org/10.5937/adpn2301009z.
Texte intégralRésumé :
In relation to the topic, the formal absence of a legal text called the constitution of the European Union is noticeable. Simple logic dictates the conclusion that in absence of European constitution, there is no constitutional law of the European Union. However, the reality is much more complex than it seems. The United Kingdom, for example, does not have a written act called a constitution, but instead several constitutional contents whose sources are in laws, legal practice and so-called constitutional customs. Germany also formally does not have a constitution, but a Fundamental Law that pursue a constitutional role. The term is not apparently so important but the status of the text. The constitution is a set of norms that are supreme, stable and difficult to change. It accords competences to the state bodies and guarantee essential civil rights and freedoms. The relevant question in this case is the existence of constitution and constitutional law of the European Union, not in a formal, but in an essential sense. The European Union does not have the characteristics of a unitary, but could it be considering as a federal state? In political-legal theory, opinions appeared that such a thing is impossible for the following reasons. As an example of the emergence of a federal state, the history of the United States of America is cited. According to the constitution of 1878, the US received competences in foreign affairs, defense, monetary policy, as well as in the field of protection of fundamental rights and freedoms. The European Union rested on the process of federalization in the economic area. The treaties establishing the Community and the Union have merged the national markets of the member states into one. Originally the European Communities did not have powers in foreign affairs, defense, security and justice. Only in 1993, with the Maastricht Treaty, the newly created European Union get the possibility to take decisions in the aforementioned areas, but even then federal mechanisms were not applied. The rule was unanimous decisions of represents of member states government reassemble in the Council of EU. The state sovereignty was preserved. For the obvious lack of authority at the supranational level, the European Union cannot currently be considered as a classic federal state. However, it can be observed as a sort of federal community, which was originally intended to evolves into something more than that. In a historical sense, this situation in itself is not new. It also appeared in the 19th century with the so-called emerging federal states such as the United States of America, the Swiss Confederation, Germany, Canada or Australia. However, the European Union is a permanent political-legal structure that has certain attributes of a federal state. The notion of a federal community, allows to take into account the essential role of the member states in such system of integration. The federal community as a permanent entity, rests on the contractual relationship that defines the common goals of its members. The aforementioned goals in practice change the internal conditions in the member states, but also their global political status. Several indications point to the federal nature of the European Union. The use of the term Union is not harmless. The founding fathers of the US Constitution of 1878, called their new created federal state Union in order to mark the difference with the previously existing Confederacy. The inspires of the European Union in the constitutive treaty emphasize that its main goal is to constantly create closer ties between European nations. This sentence indirectly indicates a strong, integrative, federal dynamic. In its legal practice, the Court of Justice does not ignore the initial international nature of constitutive treaties, but points to the following. The treaties establishing the Communities and the European Union represent the basis of an independent, hierarchically organized legal order, the kind that states have. As the highest legal act and source of law, they have a constitutional function. The law of the European Union is directly integrated into the law order of the member states and has primacy in relation with the national law. The legislative acts of European derivative law (regulations, directives, decisions) cannot contradict the provisions of the founding treaties. Like the Supreme Court in a federal state, the Court of Justice of the European Union control the compliance of legislative acts with constitutive treaties. The same principle applies in the field of international relations. An international agreement concluded by the European Union or its member states must be in accordance with the provisions of the founding treaties. Their constitutionality is checked by the Court of Justice. The Lisbon Treaty gave the European Union another federal distinction. It recognizes to the European Union a possession of legal personality, which means a full legal capacity to conclude international agreements with other countries and international organizations. The division of competences between the federal state and its members is for many the essence of the federalist legal order. The parallel existence of two levels of government imposes the need to clearly demarcate the fields of action of one and other authorities. In 2009 the Treaty of Lisbon established a principled delimitation of European and national competences. This is another step in the direction of federal legal regulation. The existence of European citizenship gives to the European Union one more federal characteristics. European citizens acquire rights and obligations parallel to those related to national citizenship. Opponents of such a solution were those who believed that the Union represents only an international organization. The founding treaties assign competences to the institutions of the Union, as well as guarantee basic human rights and freedoms. The legislation of the European Union determines the functioning of the member states and in many areas directly or indirectly governs the life of their citizens. Treaties establishing the European Union have in practice a constitutional role and value.
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Amato, Rosanna, et Marco Velicogna. « Cross-Border Document Service Procedures in the EU from the Perspective of Italian Practitioners—The Lessons Learnt and the Process of Digitalisation of the Procedure through e-CODEX ». Laws 11, no 6 (10 novembre 2022) : 81. http://dx.doi.org/10.3390/laws11060081.
Texte intégralRésumé :
An effective legal framework for judicial cooperation in the field of the service of documents is a keystone for the effective functioning of the area of freedom, security and justice, as referred to in the Treaty on the EU. In particular, the proper service of a claim to the addressee is a necessary step for starting a proceeding and, simultaneously, an essential requirement for exercising the right of defence. The EU has adopted specific provisions to remodel the traditional channel of documents’ transmission with smoother solutions that assist cross-border judicial proceedings. Despite this, the European service procedure is not that straightforward and can still be very complex for most users, causing additional costs and legal uncertainty. Against this background, this article explores how the cross-border service of documents works in practice. It presents the findings resulting from empirical exploratory research carried out in Italy to assess the concrete use and usability of the European rules adopted to simplify, speed up and reduce the costs of cross-border service of judicial and extrajudicial documents in civil and commercial matters, also in the view to support a possible digitalisation of the procedure. Building on empirical data, the paper brings to light the existing hiatus between the service procedure ‘on the books’ and the reality of how the relevant provisions are applied daily, so as to provide solid ground for reflecting on the current situation and on the impact that the recast Regulation 2020/1784/EU, which took effect in July 2022, will have to the supranational system of cross-border service of documents, in particular concerning the potential of the use of ICT to support it.
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Kochenov, Dimitry. « Democracy and Human Rights-Not for Gay People ? : EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities ». Texas Wesleyan Law Review 13, no 2 (mars 2007) : 459–95. http://dx.doi.org/10.37419/twlr.v13.i2.7.
Texte intégralRésumé :
Gays and lesbians in Central and Eastern European countries (CEECs) did not have any rights under communism, where homosexuality had either been a criminal offence or, at best, the official attitude towards it could be characterised as repressive tolerance. The development of civil rights and freedoms, which started after the collapse of the communist regimes, did not immediately result in a break through in the sphere of gay rights: "[i]n the midst of the multifaceted transformation of [the CEECs], the status of gay and lesbian residents has undergone varied and dramatic changes and is still in flux." Many hopes for change in this situation were related to the process of enlargement of the European Union (EU) and were fuelled by the belief that the EU would ensure that no country turning a blind eye to the problems related to gay rights and allowing discrimination on the basis of sexual orientation would be permitted to join. As it turned out, these hopes were only partly justified. The actions of the EU were timid, ill-focused, and stopped short of realising the potential for change offered by the legal context of enlargement preparation. Such developments can be explained by the limited nature of Community competences in this field, especially true at the very beginning of the enlargement process and which were certainly influenced by the questionable gay rights record of the European Court of Justice (ECJ). The EU did not decouple the pre-accession human rights monitoring of the candidate countries from its own internal incompetence in the field of gay rights and the limited scope of the acquis in this area. While the situation improved slightly over the last few years preceding the enlargement, it is clear that the current adopted practice is unsustainable and that the EU should seriously consider allowing gay rights to play a more prominent role in the course of the preparation of future enlargements.
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Cherpovytska, I. Yu. « Directions and forms of communication between civil society and the judiciary in Ukraine : general theoretical characteristics ». Analytical and Comparative Jurisprudence, no 1 (2 juillet 2022) : 25–32. http://dx.doi.org/10.24144/2788-6018.2022.01.4.
Texte intégralRésumé :
The article is devoted to the general theoretical characteristics of the directions and forms of communication between civil society and the judiciary in Ukraine. It is substantiated that stable, continuous communication between civil society and the judiciary is based on the principles of transparency, dialogue, transparency. Based on the generalization of modern experience of civil society and the judiciary, systematization of views of domestic and foreign scholars identified and characterized the main areas of communication: 1) public control over the activities of the judiciary; 2) accountability (reporting, responsibility) of the judiciary; 3) informing society and government; 4) consulting the judiciary with the public.
It is substantiated that public control over the activities of the judiciary is a kind of social control, one of the forms of exercising the constitutional powers of the people, which consists in direct, free control by civil society entities over the activities of the judiciary, their officials and officials. such forms as: public monitoring, public expertise, public hearings, public inspection, public investigation. The main forms of accountability of the judiciary in accordance with European standards of justice are: 1) the responsibility of judges for their decisions during the appellate review of the case ("accountability of the judiciary"); 2) transparency of judges' activity; 3) "explanatory accountability", ie accountability to other branches of government and society as a whole; 4) "punitive accountability", if a judge is involved in illegal actions, he must bear disciplinary or criminal responsibility.
The communicative activity of the judicial system is carried out in various forms and directions, the main of which are: 1) direct (personal) communication; 2) communication with the media; 3) educational activities; 4) educational activities; 5) expert consulting activities. An important form of direct communication between the judiciary and civil society is "coverage programs", which are carried out directly by the courts on a regular basis and targeted at a particular social group. bodies in their activities, as well as the quantity and quality of resources needed to implement such initiatives.
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Prykhodko, A. A. « THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE : THE EUROPEAN INTEGRATION ASPECT ». Actual problems of native jurisprudence, no 06 (2 mars 2020) : 102–5. http://dx.doi.org/10.15421/3919103.
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The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.
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Nazim, Misbah. « Legal Aid with regard to Right to Fair Trial in Pakistani and International Law : A Comparative Approach ». Scandic Journal Of Advanced Research And Reviews 4, no 2 (26 septembre 2023) : 046–60. http://dx.doi.org/10.55966/sjarr.2023.4.2.0066.
Texte intégralRésumé :
The key objective of this article is to analyze the concept of legal aid, its significance, challenges, and potential solutions. This article by using the doctrinal research methodology, presents a comparative analysis of legal aid “in the context of international law” and Pakistani law, highlighting “the” similarities and dissimilarities between the two systems. Access to justice and legal representation are fundamental principles in international and national legal frameworks, ensuring that individuals have adequate assistance in navigating the legal system's complexities. This article examines the relevant provisions in international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which underscore the importance of legal aid. Additionally, this article explores the role of international organizations, such as the European Court of Human Rights, in providing legal aid to individuals involved in international criminal proceedings. On the other hand, Pakistani law recognizes the importance of legal aid as well, albeit with its own unique features and challenges. This article examines the constitutional provisions and statutory laws in Pakistan that guarantee the right to legal representation for individuals, particularly those who are economically disadvantaged. By understanding the similarities and dissimilarities between these systems, policymakers, legal practitioners, and scholars can identify potential areas for improvement and enhance access to justice for individuals, irrespective of their economic or social status. This article concludes that international law recognizes legal aid as a universal right and various international treaties make it mandatory for states (i.e., Pakistan) to ensure access to legal aid for those who cannot afford it.
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Bernazyuk, Jan. « SUBJECTS OF PROTECTION OF PUBLIC (PUBLIC) INTEREST IN ADMINISTRATIVE JUDICIARY ». Slovo of the National School of Judges of Ukraine, no 4(37) (7 juillet 2022) : 85–96. http://dx.doi.org/10.37566/2707-6849-2021-4(37)-7.
Texte intégralRésumé :
The article is devoted to the definition of entities authorized to form the public (public) interest, as well as entities that are authorized to apply to administrative courts in order to protect the public (public) interest. Based on the analysis of the case law of the European Court of Human Rights, it was found that the subjects that determine the content of public (public) interest are, first of all, state bodies. It is determined that in Ukraine the most important issues in the field of public and state life are determined by the laws of Ukraine, so the Verkhovna Rada of Ukraine is the body tasked with defining the content of public (public) interest. It has been established that the law-making activity of the Verkhovna Rada of Ukraine is significantly influenced by the public (representatives of civil society institutions) and international organizations (institutions of the European Union, the International Monetary Fund and others). It is proved that the subjects of protection of public (public) interest are: state bodies in cases specified by law, as their task is to maximize the interests of all social groups to achieve justice in society as the highest good; local governments in order to protect the violated interests of the territorial community; the prosecutor in the absence of a body empowered to protect public (public) interests in the relevant field and in the relevant territory, or improper performance of such tasks by such body; public organizations, which by statutes give the right to protect public (public) interests in a particular area. Based on the analysis of the legislation of Ukraine, the need to supplement paragraph 3 of Part 1 of Art. 131-1 of the Constitution of Ukraine and Art. 23 of the Law of Ukraine «On the Prosecutor's Office» provisions on the powers of the prosecutor's office to represent, in addition to state, also public interests. Key words: public (public) interest, subjects of power, prosecutor's office, public organizations, administrative proceedings, Supreme Court.
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Voroshilov, Nikolai V. « Features, trends, and factors shaping diverse approaches to local governance in the European North of Russia ». Север и рынок : формирование экономического порядка 26, no 3/2023 (27 septembre 2023) : 165–83. http://dx.doi.org/10.37614/2220-802x.3.2023.81.011.
Texte intégralRésumé :
The goal of this article is to study the features and trends in the development of various forms of local governance in Russia, with a particular focus on the regions falling within the European North of Russia (ENR). To achieve this goal, a combination of general research methods (analysis, synthesis, generalization, case study) and applied methods (such as grouping analysis, economic and statistical analysis, and sociological research methods) were used. The study relies on official statistics from Rosstat, reports from the Ministry of Finance and the Ministry of Justice of the Russian Federation, election and referendum data from the Vybory (Elections) system, and the results of questionnaire surveys of municipal leaders in the Vologda Oblast conducted from 2007 to 2022. The scientific novelty of the study lies in its assessment of the influence of various factors (territorial urbanization level and overall municipal development) on the nuances of residents' electoral participation from 2018 to 2022, using ENR municipalities as a case study. The research revealed that elections lacking a legally established voter turnout threshold witnessed notably low voter participation rates (ranging from 28 % to 41 % in the elections of senior officials of ENR regions from 2019 to 2022, 40% to 46% in the elections of State Duma deputies in 2021, and 8% to 71% in the elections of rural settlement heads). In most cases, municipalities with predominantly rural populations demonstrated higher election turnout rates and stronger support for winning candidates, a pattern that also holds in low-development areas within the Vologda Oblast. The article also discusses how local governors in the Vologda Oblast assess civil engagement from 2012 to 2022 and offers recommendations for regional-level monitoring of diverse forms of population involvement in territorial development, with an emphasis on local public governance.
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Arnott, Margaret A. « The SERA lecture 2016 : “Jigsaw puzzle" of education policy ? Nation, State and Globalised Policy Making. » Scottish Educational Review 49, no 2 (18 mars 2017) : 3–14. http://dx.doi.org/10.1163/27730840-04902002.
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Education policy is a key devolved policy arena in which there are considerable tensions between and within institutions, within and across Scotland and the UK, and in relations with Europe. It may be assumed such tensions could increase during the process of Brexit and the implementation of the 2016 Scotland Act (Arnott 2016; Arnott and Ozga 2016). Since 2007 the SNP Scottish Government has used education as a policy area where it could blend political and civic forms of nationalism through referring ‘inwards’ to myths and traditions which draw on the public form of education and ‘outwards’ to selected European and Nordic comparisons to education’s role in economic progress (Arnott and Ozga, 2010a; 2010b; Arnott, 2012, 2016). The Scottish Government has made explicit links between economic growth and social justice, with education performing a key role in policy interventions aimed at creating a ‘fairer society’ and alienating problems of poverty (Arnott 2016; Arnott and Ozga 2012). The lecture considers the changing context, political and constitutional, in which educational policy has developed in Scotland in recent years and reflects on possible implications for the future of governance of UK and UK territorial politics.