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1
Nagy, Noémi. « Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services ». European Yearbook of Minority Issues Online 18, no 1 (1 juin 2021) : 113–40. http://dx.doi.org/10.1163/22116117_01801006.
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This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).
2
Nagy, Noemi. « Observing Minority Rights in the Administration of Justice and Public Administration : European Developments in 2016 ». European Yearbook of Minority Issues Online 15, no 01 (10 février 2018) : 113–47. http://dx.doi.org/10.1163/22116117_01501006.
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This article overviews the 2016 developments concerning the status and rights of European minorities with respect to administrative and judicial proceedings, with special focus on language rights. The longest section of the article is devoted to the activities of the Council of Europe, including the case-law of the European Court of Human Rights and the implementation of the European Charter for Regional and Minority Languages, as well as the Framework Convention for the Protection of National Minorities. Furthermore, the relevant legal developments in the activities of the United Nations, the Organization for Security and Cooperation in Europe and the European Union are presented.
3
Bufacchi, Vittorio, et Shari Garmise. « Social Justice in Europe : An Evaluation of European Regional Policy ». Government and Opposition 30, no 2 (1 avril 1995) : 179–97. http://dx.doi.org/10.1111/j.1477-7053.1995.tb00122.x.
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WHEN RAWLS FORMULATED HIS VIEWS ON SOCIAL JUSTICE IN the 1950s and 1960s, leading to the publication of A Theory of Justice in 1971, he based his theory on a simple but unconditional assumption, namely, that justice is the first virtue of social institutions. This assumption Rawls considers to be beyond doubt, so much so that in the very first page of his treatise he claims that ‘laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust’.Largely as a result of Rawls's A Theory of Justice, over the last 25 years questions of social justice have dominated most debates on political theory. And while vast quantities of ink were expended over philosophical discussions on significant but detailed aspects of Rawls's theory, principally on the plausibility of his meta h sical assumptions on individuals and human psychology, it is unfortunate that not enough attention has been paid to Rawls's initial recommendation of adopting normative criteria as a tool for evaluating political institutions.
4
Nagy, Noémi. « Language Rights of Minorities in the Areas of Education, the Administration of Justice and Public Administration : European Developments in 2017 ». European Yearbook of Minority Issues Online 16, no 1 (1 avril 2019) : 63–97. http://dx.doi.org/10.1163/22116117_01601004.
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This section overviews the 2017 situation of the language rights of European minorities in the fields of education, the administration of justice and public administration. The author presents the relevant legal developments in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe including the case law of the European Court of Human Rights, and the implementation of the European Charter for Regional and Minority Languages as well as the Framework Convention for the Protection of National Minorities. In the concluding remarks, tendencies and common patterns are emphasized.
5
Nason, Sarah. « European Principles of Good Administration and UK Administrative Justice ». European Public Law 26, Issue 2 (1 juin 2020) : 391–420. http://dx.doi.org/10.54648/euro2020049.
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Recent interest in the harmonizing potential of European administrative law stems in part from the view that administrative states are facing a ‘legitimacy crisis’ and that administrative law must evolve to survive. Emergent ‘new administrative law’ no longer recognizes the state as a centralized leviathan, but rather as promoter, facilitator, regulator, and helmsman of domestic social and economic progress. In this article I argue that articulating shared ‘European’ principles of good administration and administrative law only goes part of the way to understanding this re-positioned administrative state, and that a better approach also focuses on the architecture of administrative justice. I outline various UK conceptions administrative justice and European conceptions of good administration and examine, for the first time, the impact that European principles of good administration have had on UK administrative justice. I argue that UK approaches to administrative justice help to meet the challenges of new administrative law by focusing on incorporating principles of good administration and human rights into the design architecture of institutions, as well as into administrative law itself. I conclude that there is potential to develop, through further comparative analysis, European conceptions of administrative justice, overlapping with and complementary to, European principles of good administration. Good administration, administrative justice, Council of Europe, European administrative law, right to good administration
6
Nagy, Noémi. « The Rights of European Minorities : Justice, Public Administration, Participation, Transfrontier Exchanges and Citizenship—International Developments in 2020 ». European Yearbook of Minority Issues Online 19, no 1 (29 juin 2022) : 161–94. http://dx.doi.org/10.1163/22116117_009.
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Abstract This article provides an overview of the implementation of the rights of European national, ethnic or linguistic minorities and indigenous peoples in 2020, in the fields of administration of justice, public administration, participation, citizenship and tranfrontier exchanges. Relevant legal developments are presented in the activities of the United Nations, the Organization for Security and Co-operation in Europe, the European Union, and the Council of Europe. Special attention is paid to the application of the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, which are the most important international treaties on the rights of minorities in Europe.
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Lister, Ruth. « Social justice : meanings and politics ». Benefits : A Journal of Poverty and Social Justice 15, no 2 (juin 2007) : 113–25. http://dx.doi.org/10.51952/gssv5143.
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Now that the main British political parties are committed to the ideal of social justice, the political debate will focus on its meaning(s) and how – and through which institutions – it is best achieved. This article discusses key dimensions of social justice – conceptualised as distribution and recognition claims – with particular reference to poverty, inequality, disability and the perceived tension between diversity and solidarity in the welfare state. The second part provides an overview of a number of social justice issues below and above the (nation) state, moving from the domestic, through the neighbourhood, the devolved administrations and Europe, to the global.
8
David, Roman. « Transitional Justice and Changing Memories of the Past in Central Europe ». Government and Opposition 50, no 1 (19 septembre 2013) : 24–44. http://dx.doi.org/10.1017/gov.2013.37.
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Memories of wrongdoings are often viewed as an obstacle to reconciliation in divided societies. Is it due to the past or the present politics of the past? To examine the dilemma of essentialism versus presentism, this article investigates the impact of transitional justice on memories of wrongdoing. It theorizes that using different transitional justice strategies to deal with the same wrongdoing shapes memories in different ways. The theory is tested via vignette-based surveys in the Czech Republic, Hungary and Poland, which adopted distinct lustration laws. The results show that wrongdoing is viewed through lustration laws, reflecting present power constellations, not history.
9
Klímová-Alexander, Ilona. « Development and Institutionalisation of Romani Representation and Administration. Part 1 ». Nationalities Papers 32, no 3 (septembre 2004) : 599–629. http://dx.doi.org/10.1080/0090599042000246415.
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The post-1989 rise of ethnic conflicts in the former Eastern Bloc have led to the renewed salience of minority rights and their prominence in international relations. The 1990s witnessed a proliferation of legal instruments and offices dedicated to minority rights at the intergovernmental level (mainly within the Organisation for Security and Cooperation in Europe, Council of Europe, but also the United Nations). After decades of arguing that rights of persons belonging to national, ethnic or religious minorities can be sufficiently ensured within the framework of universal human rights, attributed to individuals regardless of group membership, liberal political theorists (most notably Will Kymlicka) have started to advocate the need to supplement these traditional human rights with minority rights (meaning certain group-differentiated rights or “special status” for minority cultures) in order to ensure justice in multicultural states.
10
CURT, Cynthia Carmen. « "Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court" ». Transylvanian Review of Administrative Sciences, no 65E (25 février 2022) : 48–63. http://dx.doi.org/10.24193/tras.65e.3.
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"During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values."
11
Ugartemendia Eceizabarrena, Juan Ignacio. « Tutela judicial efectiva y Estado de derecho en la Unión Europea y su incidencia en Administración de Justicia de los Estados miembros ». Teoría y Realidad Constitucional, no 46 (16 décembre 2020) : 309. http://dx.doi.org/10.5944/trc.46.2020.29114.
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El reconocimiento de la tutela judicial efectiva que realiza el Derecho de la Unión Europea incide sobre la regulación nacional de la Administración de Justicia. No cabe duda de que la competencia para regular y actuar en materia relativa a la organización y funcionamiento judicial nacional es una competencia exclusivamente estatal, no transferida por los Estados. Sin embargo, desde hace un par de años, el Tribunal de Justicia está dando a entender que las medidas nacionales sobre la Administración judicial nacional no pueden ser contrarias a la regulación sobre la tutela o protección judicial tal y como ésta es reconocida por la Unión. Esta regulación europea actúa como límite de esas medidas nacionales relativas a la Administración de Justicia, posibilitando un control de europeidad de las mismas. Estas páginas muestran sobre qué bases jurídicas, en qué casos y con qué mecanismos se está dando este control de europeidad.The recognition of effective judicial protection under European Union law affects national regulations on the administration of justice. There is no doubt that the competence to regulate and act upon matters relating to the organisation and functioning of the national judiciary is an exclusively State competence, not transferred by the States. However, over the last couple of years, the Court of Justice has been implying that national measures concerning the national administration of justice cannot be contrary to the regulations on judicial protection as recognised by the Union. This European regulation works as a limit to those national measures relating to the administration of justice, making it possible to review their «Europeanness». These pages show on which legal bases, in which cases and with which mechanisms this review is taking place.
12
Kosař, David. « Politics of Judicial Independence and Judicial Accountability in Czechia : Bargaining in the Shadow of the Law between Court Presidents and the Ministry of Justice ». European Constitutional Law Review 13, no 1 (15 février 2017) : 96–123. http://dx.doi.org/10.1017/s1574019616000419.
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Judicial independence – Judicial accountability – Court presidents – Judicial politics – Separation of powers – Court administration – Judicial councils – Selection of judges – Czechia – Central Europe
13
Dimitriou, Yanna, Eleni Socratus et Emmanuil Drakakis. « The Corfu Criminal Court Archive : Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864) ». Moderna arhivistika 4, no 1 (30 novembre 2021) : 51–65. http://dx.doi.org/10.54356/ma/2021/asxq4654.
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This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.
14
Roque, Ricardo. « Mimetic Governmentality and the Administration of Colonial Justice in East Timor, ca. 1860–1910 ». Comparative Studies in Society and History 57, no 1 (janvier 2015) : 67–97. http://dx.doi.org/10.1017/s0010417514000607.
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AbstractThis article explores the mimesis of indigenous “customs and law” as a theory of and strategy for colonial government in the period of late imperialism. I draw on the case of colonial administration in the Portuguese colony of Timor during the second-half of the nineteenth century. I introduce the concept of “mimetic governmentality”: the art of governing the Other through the productive inclusion of institutions, symbols, cultural materials, or social forms understood as other than one's own. In Timor, the imperial establishment was characterized by fragility and isolation, and a pragmatic style of colonial action thrived. In Europe, modern doctrines of colonial law rejected assimilationist policies and advocated “specialization.” In this context, between 1860 and 1910, administrators on Timor devised a system of colonial justice that required the colonizers to slip into the indigenous world and govern others from the others' position and perspectives. To efficiently govern the “natives” and apply colonial justice in courts—the so-calledjustiças—Europeans had to release themselves from European principles and embrace indigenous law, as they understood it. The essay uses the case of Timor to assert the analytic importance and potential of mimesis for the comparative study of colonial administrations during the period of imperial expansion.
15
Laïdi, Ali. « American Extraterritorial Legislation ». Theoria 68, no 166 (1 mars 2021) : 113–29. http://dx.doi.org/10.3167/th.2021.6816605.
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Since the early 2000s, the United States’ different administrations of justice have been prosecuting foreign companies suspected of violating US laws on bribery of foreign public officials and of failing to respect embargoes and economic sanctions. Even if these violations take place outside US borders, the American prosecution authorities (including the Department of Justice, the Securities and Exchange Commission and the Office of Foreign Assets Control) consider themselves legitimate to intervene. European multinationals have been particularly sanctioned. For instance, in 2014, fines reached up to 9 billion dollars for the French bank BNP, which was accused of using dollars in its transactions with certain countries sanctioned by the US (mainly Iran, Cuba and Sudan). Punishing companies and hitting them in the wallet are not the only objectives of the American administration. The United States takes advantage of legal procedures against foreign companies to collect millions of bytes of data, sometimes including sensitive information on them as well as on their partners and markets. Facing this legal offensive, Europe is still struggling to provide responses to protect its companies.
16
Kosińska, Anna Magdalena. « Did the Court of Justice Open a Gateway to Europe for Refugees ? Analysis of the Judgment of the Court of Justice of the European Union in EZ v. Bundesrepublik Deutschland (C-238/19) ». Studia Iuridica Lublinensia 31, no 1 (29 mars 2022) : 239–61. http://dx.doi.org/10.17951/sil.2022.31.1.239-261.
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17
Harfield, Clive. « From Empire to Europe : Evolving British Policy in Respect of Cross-Border Crime ». Journal of Policy History 19, no 2 (avril 2007) : 180–206. http://dx.doi.org/10.1353/jph.2007.0011.
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The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is considered in some quarters a threat to national security and the very fabric of society.
18
Jokubauskas, Remigijus, et Marek Świerczyński. « Impact of the Council of Europe Guidelines on Electronic Evidence in Civil and Administrative Law ». Global Journal of Comparative Law 9, no 1 (17 avril 2020) : 1–16. http://dx.doi.org/10.1163/2211906x-00901001.
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On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law (hereinafter “the Guidelines”). The article summarizes and analyses this soft law instrument and explains why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts and attorneys while maintaining full compliance with important principles like the right to a fair trial, protection of private life and national laws of the member states.
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Swierczynski, Marek, et Remigijus Jokubauskas. « Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines ». Masaryk University Journal of Law and Technology 14, no 2 (23 septembre 2020) : 303–20. http://dx.doi.org/10.5817/mujlt2020-2-7.
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On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law accompanied by the Explanatory Memorandum. The authors summarize and analyse this soft law instrument with respect to intellectual property (hereinafter “IP”) disputes. They explain why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts in IP disputes. Both authors took active part in the preparatory works and believe it is in the interest of justice and effective IP protection that these guidelines are publicly available in the member states and widely disseminated among professionals dealing with electronic evidence.
20
James, N. « Rome's zenith commemorated ». Antiquity 92, no 362 (avril 2018) : 528–30. http://dx.doi.org/10.15184/aqy.2018.27.
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Following four centuries of Roman expansion, the Emperor Trajan led the Empire to its greatest extent by annexing Dacia (Transylvania), north-western Arabia and Sinai and, briefly, all of Armenia and Mesopotamia. He bolstered imperial administration, reformed provincial government, clarified certain principles of justice and encouraged a system of welfare, thealimenta(Bennett 2001). Last year, 2017, was the nineteen-hundredth anniversary of Trajan's death. The occasion was marked in various ways across Europe, and the opportunity to reflect on Trajan's legacy was particularly poignant in view of the continent's present troubles.
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Hare, Ivan. « Access to Governmental Information and the Judicial Process : United Kingdom Law and the Influence of Europe ». Cambridge Yearbook of European Legal Studies 2 (1999) : 329–54. http://dx.doi.org/10.5235/152888712802815932.
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In the course of attempts by the Thatcher administration to restrain the publication of Spycatcher, the memoirs of a former member of the security and intelligence services, the United Kingdom’s most senior civil servant, the Cabinet Secretary, was subjected to several days of intense cross-examination before Justice Powell in New South Wales and in the High Court in London. Sir Robert Armstrong’s testimony ranged across the recent history of government reactions to the proposed publication of sensitive information by former members of the security services and has since become a significant piece in the jigsaw of the British constitution.
22
Hare, Ivan. « Access to Governmental Information and the Judicial Process : United Kingdom Law and the Influence of Europe ». Cambridge Yearbook of European Legal Studies 2 (1999) : 329–54. http://dx.doi.org/10.1017/s1528887000003414.
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In the course of attempts by the Thatcher administration to restrain the publication of Spycatcher, the memoirs of a former member of the security and intelligence services, the United Kingdom’s most senior civil servant, the Cabinet Secretary, was subjected to several days of intense cross-examination before Justice Powell in New South Wales and in the High Court in London. Sir Robert Armstrong’s testimony ranged across the recent history of government reactions to the proposed publication of sensitive information by former members of the security services and has since become a significant piece in the jigsaw of the British constitution.
23
Марку, Жерар, et Zherar Marku. « A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16130.
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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.
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Brandariz, José A., et Cristina Fernández-Bessa. « Coronavirus and Immigration Detention in Europe : The Short Summer of Abolitionism ? » Social Sciences 10, no 6 (12 juin 2021) : 226. http://dx.doi.org/10.3390/socsci10060226.
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In managing the coronavirus pandemic, national authorities worldwide have implemented significant re-bordering measures. This has even affected regions that had dismantled bordering practices decades ago, e.g., EU areas that lifted internal borders in 1993. In some national cases, these new arrangements had unexpected consequences in the field of immigration enforcement. A number of European jurisdictions released significant percentages of their immigration detention populations in spring 2020. The Spanish administration even decreed a moratorium on immigration detention and closed down all detention facilities from mid-spring to late summer 2020. The paper scrutinises these unprecedented changes by examining the variety of migration enforcement agendas adopted by European countries and the specific forces contributing to the prominent detention decline witnessed in the first months of the pandemic. Drawing on the Spanish case, the paper reflects on the potential impact of this promising precedent on the gradual consolidation of social and racial justice-based migration policies.
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Feehily, Ronán. « Creeping compulsion to mediate, the Constitution and the Convention ». Northern Ireland Legal Quarterly 69, no 2 (8 juin 2018) : 127–46. http://dx.doi.org/10.53386/nilq.v69i2.89.
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The court backlog in some European countries has inspired the introduction of compulsory mediation schemes to deal with various commercial claims. The article reviews the developing jurisprudence from various courts throughout Europe, to assess the seemingly relentless public policy move towards compulsory mediation and the implications that this has for commercial parties in dispute, lawyers involved in the process and the administration of justice in Europe. The potential that such an approach could amount to a violation of the rights guaranteed by Article 6(1) of the European Convention on Human Rights, as enshrined within the European Convention on Human Rights Act 2003, and Article 40.3 of the Irish Constitution is analysed. The article ultimately discusses the optimal approach for the courts and the legislature to follow to strike the appropriate balance between strong encouragement and coercive compulsion that would avoid offending constitutional and Convention rights and foster a mediation culture.
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Waelkens, Laurent. « Roman-canonical elements in the ancient 'Germanic' system of proof ». Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no 3 (2007) : 321–31. http://dx.doi.org/10.1163/157181907783054932.
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AbstractMany scholars consider that medieval trials by ordeal and collective oaths are typical of primitive societies. They occured all over the world and would have been introduced by the Germans in early-medieval Western Europe. These means of proof emerged in the eighth and ninth century, at a time when the administration of justice by the lords and the bishops were intertwined. When comparing them to Roman procedure and the canonists' approach to confession, party oaths and torture, one may consider those 'irrational' proofs as having Roman-canonical origins, as so many other institutions of the time. They should therefore not necessarily be compared to non-European developments.
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Choi, Chong-Ki. « Security System and Peaceful Structure of Northeast Asia After Cold War : Special Reference to Korean Peninsula ». Korean Journal of Policy Studies 6 (31 décembre 1991) : 1–13. http://dx.doi.org/10.52372/kjps06001.
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Order is not always the same as justice. But after radical changes of the Soviet Union and east Europe, most analysts and specialists of international politics are trying to predict new world order after Cold War. Of course order gives us concrete situation for making foreign policies and economic cooperation and pursuing them. And order at least frees us from instability of international politics. But order, at the same time, limits each country's right to take alternatives for her interests. At any rate, we need to analyze the international situation and predict new world order after Cold War. What will be the shape of the new world order? Some analyst, such as Prof. Paul Kennedy in the Rise and Fall of Great Powers describe the change in the world as the decline of the superpowers, including both the Soviet Union and the United States. Other specialists such as Prof. Joseph Nye in Bound to Lead: The Changing Nature of American Power describes that while the United States will remain the largest state, the world will see a diffusion of power and a growth of multiple inter-dependencies.
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Tsybulska, Olha, Valerii Prytuliak, Svitlana Shcherbak, Olha Verba et Alisa Kozhevnikova. « Digitalization of the ECtHR activities in inheritance cases and in compulsory enforcement of jurisdictional decisions : International-legal aspect ». Revista Amazonia Investiga 11, no 58 (30 novembre 2022) : 168–76. http://dx.doi.org/10.34069/ai/2022.58.10.18.
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Global challenges and the change in people's usual way of life during the pandemic have shown that it is digital technologies that can expand the possibilities of humanity. Their improvement and expansion of their scope is a priority for many states of the world. Therefore, global digitalization has covered all spheres of social life, including justice and the activities of decision-enforcement bodies. In particular, at the 37th plenary meeting of the European Commission on the Efficiency of Justice of the Council of Europe (CEPEJ), unity was demonstrated on the need for further development of tools concerning the digitalization of justice. Due to this, it is important to analyze the features of the digitalization of justice on the example of the activities of the European Court of Human Rights (hereinafter referred to as the ECtHR) regarding inheritance cases and pay attention to the international legal aspect of this issue. The purpose of the work is to study the international legal aspect of digitalization of the activity of the ECtHR in inheritance cases and in the course of enforcement of decisions of jurisdictional bodies. The research methodology includes the dialectical method, historical-logical, comparative-legal, formal-legal, statistical, systemic-structural, modeling, and sociological methods. The authors summarized that the digitalization of justice is reflected in the activities of the ECtHR, including inheritance cases. The authors also highlighted the problematic issues of regulation of the implementation of digitalization tools for the administration of justice in some countries and problematic issues of digitalization of enforcement of court decisions.
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Kabashi, Haki. « Kosovo – Unique Case of the Parallel Justice System ». European Journal of Interdisciplinary Studies 2, no 2 (30 avril 2016) : 161. http://dx.doi.org/10.26417/ejis.v2i2.p161-169.
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The end of the 1998/1999 war with Serbia, found Kosovo with two governments, which, UNIMK replaced conform the 1244 Resolution of the SC. UNMIK’s operation was based in four pillars and 14 departments. The Department of Justice was a department that operated with obstacles as a result of the organized Serbian parallel system in Kosovo’s territory. Which unfortunately transformed into a phenomenon that was allowed silently by UNMIK’s administration. The functioning of such an operation damages the interests of Kosovan citizens, who are trialed twice for the same case. Double sentences of Kosovo’s citizens in Kosovo’s courts and in the parallel Serbian courts that operate in Serbia are causing major problems in the already fragile Kosovan justice system. According to the official data, it results that there are 22 parallel Serbian courts that operate within this parallel system, in North Kosovo and various cities within Serbia. This form of parallel judiciary continues to function even after the Declaration of Independence (2008) and after the arrival of EULEX mission in Kosovo. We think that the functioning of this parallel Serbian system in a territory where it has no sovereignty, as a unique case in Europe, should seize to exist with the sole purpose of empowering and functioning of the juridical and justice system in Kosovo, for the sake of respecting fundamental principles of the human rights and respecting of the ne bis in idem principle.
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Kabashi, Haki. « Kosovo – Unique Case of the Parallel Justice System ». European Journal of Interdisciplinary Studies 4, no 2 (30 avril 2016) : 161. http://dx.doi.org/10.26417/ejis.v4i2.p161-169.
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The end of the 1998/1999 war with Serbia, found Kosovo with two governments, which, UNIMK replaced conform the 1244 Resolution of the SC. UNMIK’s operation was based in four pillars and 14 departments. The Department of Justice was a department that operated with obstacles as a result of the organized Serbian parallel system in Kosovo’s territory. Which unfortunately transformed into a phenomenon that was allowed silently by UNMIK’s administration. The functioning of such an operation damages the interests of Kosovan citizens, who are trialed twice for the same case. Double sentences of Kosovo’s citizens in Kosovo’s courts and in the parallel Serbian courts that operate in Serbia are causing major problems in the already fragile Kosovan justice system. According to the official data, it results that there are 22 parallel Serbian courts that operate within this parallel system, in North Kosovo and various cities within Serbia. This form of parallel judiciary continues to function even after the Declaration of Independence (2008) and after the arrival of EULEX mission in Kosovo. We think that the functioning of this parallel Serbian system in a territory where it has no sovereignty, as a unique case in Europe, should seize to exist with the sole purpose of empowering and functioning of the juridical and justice system in Kosovo, for the sake of respecting fundamental principles of the human rights and respecting of the ne bis in idem principle.
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Adler, Michael. « Book Review : Justice and Vulnerability in Europe : An Interdisciplinary Approach, Trudie Knijn and Dorota Lepianka (eds) ». European Journal of Social Security 23, no 2 (23 mars 2021) : 179–80. http://dx.doi.org/10.1177/13882627211001873.
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Mykytyn, Yu I. « The Grounds Of European Criminal Procedure Policy In The Field Of Cyberjustice ». Actual problems of improving of current legislation of Ukraine, no 50 (11 juin 2019) : 76–82. http://dx.doi.org/10.15330/apiclu.50.76-82.
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The grounds of the European criminal procedure policy in the field of cyberjustice are analyzed in the article. The principles, tasks, expected results of the implementation of the cyberjustice, the basic approach to its implementation have been researched.
The foundations of the European criminal procedure policy in the field of cyberjusticehave been introduced mainly in the acts of the European Council since 2011. Nowadays, the main source of European law in this field is the Guidelines on Cyberjustice of 14 June 2019, which are universal in nature, as they relate to various types of court proceedings, including criminal proceedings. Improving the quality of justice and taking an individual approach to the needs of the judiciary are key principles in building of cyberjustice. The main tasks, expected results of the implementation of cyberjustice, basic approaches to the implementation of the project have been definedat the model level.
In order to implement the identified principles and achieve the expected results, the Guidelines on Cyberjusticeidentify two possible approaches forcreation of cyber justice: 1) centralized approach. A single authority manages at the national level. Such body could be the Ministry of Justice or the State Judicial Administration in Ukraine; 2) decentralized approach. Courts, prosecutors’ offices possesstheir own data centers and use software and data on their own. At the same time, the information should be systematically transmitted to the appropriate central authority.
The article summarizes that 1) the foundations of European criminal justice policy in the field of cyber justice are enshrined, mainly, in Council of Europe acts since 2011; 2) Currently, the main source of European law in this area is the Guidelines on Cyber Justice of 14 June 2019, which are universal in nature as they relate to various types of justice, including criminal proceedings; 4) The key principles of cyber justice are to improve the quality of justice and to take an individual approach to the needs of the judiciary; 5) defines the main tasks, expected results of implementation of cyber justice, basic approaches to its implementation at the model level.
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Bekteshi, Enertila. « European Parliament the Democratic Representative for the People of Europe ». Mediterranean Journal of Social Sciences 8, no 1 (26 janvier 2017) : 340–46. http://dx.doi.org/10.5901/mjss.2017.v8n1p340.
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Abstract The history of the European Parliament can be seen as part of the development process toward a federal parliament supported by some researchers, but however another viewpoint of EU nature, as an international organization would be influenced from the European Parliament’s viewpoint as well. It has been admitted that formal upcoming changes have turned it into a codecision-maker with the Council of Ministers. There isn’t any other organization, where the member countries should share the decision-making process with the institutions which have been selected directly. In fact, during the creation of the united Europe, the power of the European Parliament have continuously increased trying to reduce the “democratic deficit” for which the Community is accused. Also the role of the EP role as an alternative point of access in the "policy-making'" process for interests that feel excluded from the domination of business interests could help in building a sense of European Identity among such groups in the longer term. The European Parliament appoints an Ombudsman, who may receive complaints from any citizen of the Union or from any other natural person or legal entity living or having his/her statutory residence/registered office in a member country. The cases handled by an Ombudsman are related to the bad administration of the institutions or community bodies’ activities except the Court of Justice and the General Court in their court functions. The Ombudsman works in full competence and does not accept or require directives from any other organization. During his assignment must not perform any other professional activity for free or against payment. He is appointed by the European Parliament with the same duration of his legislature having a renewable mandate. In the DPB are provided also the Ombudsman’s norms that might have in the cases of bad administration in conjunction with the activity of institutions in this sector. Thus, it will be solved the problem of accusation for lacking of transparency addressed to this sector.
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Cerna, Christina M. « Al Nashiri v. Poland (Eur. Ct. H.R.) ». International Legal Materials 54, no 4 (août 2015) : 571–734. http://dx.doi.org/10.5305/intelegamate.54.4.0571.
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The European Court of Human Rights (European Court), increasingly known as “the conscience of Europe,” together with the Council of Europe’s Parliamentary Assembly, were the first intergovernmental organizations to reveal information about the U.S. Central Intelligence Agency’s (CIA) “black sites.” These “black sites” were secret prisons established around the world, outside of U.S. territory, by the George W. Bush administration and run by the CIA to detain suspects termed “high value,” and their existence was repeatedly denied by the U.S. and Polish Governments. The Soros funded Open Society Justice Initiative, filed the application with the European Court on behalf of Abd al-Nashiri on May 6, 2011, arguing that Poland had been complicit in his rendition, detention, and torture at a CIA black-site prison within the state.
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Красівський, Орест, et Орися Мерза. « European experience of state policy in the field of justice ». Public administration aspects 8, no 4 (29 octobre 2020) : 55–63. http://dx.doi.org/10.15421/152080.
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The article considers European experience of state policy in the field of justice. Various models of justice in Europe, on the basis of which protection of rights and freedoms of citizens and their interaction with public authorities and local governments is ensured, are considered. Different approaches to the construction of the system of justice in different European countries are highlighted. The essence of the judicial bodies in different European countries is determined and their activity is evaluated.It is argued that each European country has its own peculiarities of appointment of judges to their positions. It is determined that in most European countries organizational support of judicial institutions belongs to the competence of executive bodies, which are mainly the Ministries of Justice. Common and distinctive features of the activity of judicial bodies in European countries and in Ukraine are analyzed. It is noted that in Ukraine, in contrast to European countries, the powers in the field of intellectual property do not belong to the judicial bodies, but to the State Intellectual Property Service of Ukraine, which is a separate central executive body. Proposals regarding improvement of the activities of the judiciary bodies in Ukraine, taking into account European experience, are made. European experience shows that a rationally constructed system of justice can be an effective mechanism for protection of rights of citizens and promote the development of a civilized legal society. Analysis of this experience shows the possibility of borrowing the positive achievements of European legal policy to improve the activities of judiciary bodies in Ukraine. European standards will promote the establishment of the rule of law in Ukrainian state and ensure effective protection of human and civil rights in relations with public administration and local self-government bodies arising in the field of public legal relations in Ukraine.
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Zavhorodnii, Vitalii. « APPLICATION OF THE LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE JUSTICE OF UKRAINE ». Slovo of the National School of Judges of Ukraine, no 4(37) (7 juillet 2022) : 21–32. http://dx.doi.org/10.37566/2707-6849-2021-4(37)-2.
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The article examines the peculiarities of the application of the legal positions of the European Court of Human Rights in the national justice. According to the results of the study, the proposed algorithm of application legal positions of the Council of Europe Court: 1) in order to comply with current legislation to take into account the practice of the Strasbourg court. 2) first of all, it is necessary to single out those of them that were adopted against Ukraine; 3) in the absence of such judgments of the Council of Europe Court, it is necessary to determine those which have recently been adopted against other States Parties to the Convention which are closest in the circumstances of the case to the case before the judge; 4) in the presence of a pilot and ordinary decision of the European Court of Human Rights with similar circumstances of the case, national judicial authorities should take into account the legal position of the decision that is closest in its context to Ukraine. The criteria of relevance of taking into account the legal positions of the Strasbourg court in the administration of national justice are proposed, namely: a) similarity of the subject of regulation (relations related to violation of convention rights and / or human freedoms), b) similarity of conflict situations, ways of committing violations of convention norms by public authorities; c) the similarity of the current national legislation (both substantive and procedural law) and the practice of its interpretation and application by the authorized subjects of the respondent state; d) similarity of procedures that provide for the possibility of restoration of the violated right at the national level (possibility to appeal, appeal against actions or decisions, appeal, etc.). Key words: application, legal positions, European Court of Human Rights, relevance, established case law, interpretation of convention rules.
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Karski, Karol, et Bartłomiej Oręziak. « Selected Considerations Regarding the Digitalisation of Criminal Proceedings in Light of the Standards of the Council of Europe : Analysis Taking into Account the Experience of the Current Pandemic ». Białostockie Studia Prawnicze 26, no 6 (1 décembre 2021) : 55–69. http://dx.doi.org/10.15290/bsp.2021.26.06.04.
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Abstract The aim of the article is to prepare an analysis in order to formulate propositions regarding the digitalisation of Polish criminal proceedings as regards the administration of justice. These hypotheses would have merited consideration even pre-pandemic, but they demand even more attention as a result of the pandemic. The pandemic has served to highlight the pre-existing necessity to adapt criminal law to the latest observable technical and technological advances. In light of the above, the first issue to be analysed concerns the conditions, procedures, and possibilities surrounding the collection of evidence electronically, taking into account the most recent relevant guidelines of the Council of Europe. The second issue to be examined will be the adaptation of criminal procedures, including Polish, to the standards stipulated in the Convention of the Council of Europe on Cybercrime of 23 November 2001, in light of national norms regarding evidence gathering. The third issue that will be assessed in this study will be the benefits, risks, or potential of the application of artificial intelligence algorithms in criminal procedure. The consideration of each of the three areas will have regard to the present global pandemic. The article concludes with a concise summary containing the authors’ conclusions and propositions de lege ferenda.
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Kratcoski, Peter C., Mag Maximilian Edelbacher et Dilip K. Das. « Terrorist Victimization : Prevention, Control and Recovery ». International Review of Victimology 8, no 3 (septembre 2001) : 257–68. http://dx.doi.org/10.1177/026975800100800302.
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An Ancillary Meeting on the topic of ‘Terrorist Victimization: Prevention, Control, and Recovery’ was held at the United Nations Center in Vienna, Austria on Wednesday, April 12, 2000 in conjunction with the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The Congress focused on ‘Crime and Justice: Meeting the Challenges of the 21 st Century.’ The Ancillary Meeting was sponsored by the State University of New York, Plattsburgh, USA and chaired by Dr. Dilip K. Das, Professor in the Department of Sociology and Criminal Justice at that University. The speakers included Alex P. Schmid, Officer-in-Charge, Terrorism Prevention Branch, United Nations; George H. Millard, Sao Paulo, Brazil, Dr. Ely Karmon, Senior Research Scholar, International Policy Institute for Counter-Terrorism, Kerzlyia, Israel; and Dr. Harvey W. Kushner, Professor and Chair, Department of Criminal Justice and Security Administration, Long Island University, Brookville, New York, USA. Other presentations were made by Dr. David Rapoport, University of California, Los Angeles, California, USA; Niles Lathem, The New York Post, Washington, D.C., USA, Arvind Verma, Department of Criminal Justice, Indiana University, Bloomington, Indiana, USA, Dr. S. Subramanian, Raghavendra Nagar Shvrampally, Hyderabad, India, George Ballard, Grand Valley State University, Allendale, Michigan, USA and Boaz Ganor, International Policy Institute for Counter-Terrorism, Herzlyia, Israel. In the presentations by speakers from Europe, North America, North Africa, the Middle East, Asia and South America and in the ensuing discussions, a wide variety of issues, concerns, and prevention strategies were covered in a global framework, and also applied to situations in specific countries and continents. The papers and the sessions focused on a number of themes, including an assessment of the main contemporary trends in terrorism, the politicalization of terrorism, the effects that terrorism has on primary and secondary victims, the linkage of terrorism with organized crime, and the measures that governments, international organizations, and justice agencies can take to curtail and eradicate terrorism, including international cooperative efforts.
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Wenzel, H. Dieter, et Jürgen Jilke. « Does the European court of justice put a crimp in efficient and coordinated corporate income taxation in Europe ? » Society and Economy 33, no 2 (1 août 2011) : 295–320. http://dx.doi.org/10.1556/socec.33.2011.2.4.
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Grodin, Edward. « An Internationally Intelligible Principle : Comparing the Nondelegation Doctrine in the United States and European Union ». Perspectives on Federalism 7, no 2 (1 novembre 2015) : 56–84. http://dx.doi.org/10.1515/pof-2015-0010.
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Abstract This article analyzes the degree of convergence between the United States and the European Union regarding the structural role of administrative agencies. As will be argued, the United States and European Union have arrived at the same broad conclusion about a “nondelegation doctrine”: delegations to administrative agencies should be permitted so long as some limiting principle governs the exercise of that power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened the reins for the sake of modern administration while the European Union has maintained a firmer grip to keep better control over the Europeanization project. Stated another way, the nondelegation doctrine is simply a reflection of the systems’ relative levels of integration. Thus, the nondelegation doctrine will be stretched in Europe as functional regulatory demands arise from wider and deeper integration. At the same time, the focus will be redirected from substantive limits to procedural controls; accordingly, this Note advocates for a European Administrative Procedure Act.
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Hunt, Jo. « Devolution and differentiation : regional variation in EU law ». Legal Studies 30, no 3 (septembre 2010) : 421–41. http://dx.doi.org/10.1111/j.1748-121x.2010.00164.x.
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For some years now, there has been a growing orthodoxy in EU legal studies which maintains that the EU project is less about achieving uniformity of laws across the Member States, and more about managing flexibility and differentiation. However, for the most part, space for differentiation is recognised only as between states or groups of states. The present paper moves beyond this level to explore the scope for local differentiation, at a sub-state level. This inquiry has been motivated by the recent Horvath judgment, in which the European Court of Justice was asked whether differential implementation by the devolved administrations of the UK of certain EU law obligations was lawful. The paper places these developments alongside other judicial, legal and political developments, to demonstrate a growing recognition of the role of regions within the EU's multi-levelled system of governance, revealing that the EU order is, in some respects, finally catching up with the realities of the rise of devolution and decentralisation taking place across Europe. However, it is submitted that there is further the EU could and should go in recognising, if not a ‘Europe of the Regions’, then a ‘Europe with the Regions’.
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Matić Bošković, Marina. « COURT STATISTICS – A TOOL FOR MANAGEMENT AND STRATEGIC PLANNING ». Journal of Criminology and Criminal Law 58, no 3 (12 décembre 2020) : 81–96. http://dx.doi.org/10.47152/rkkp.58.3.6.
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Court statistics developed over the time from bureaucratic data collection to monitoring and evaluation of court performances and judicial reforms. In the Europe, the Council of Europe CEPEJ contributed to the promotion of court statistics as a tool for management over judiciary and evaluation of judicial performances. Modern use of statistical reporting requires setting of performance indicators, which tracking will enable monitoring of court performance and inform decision making on further actions. Some of performance indicators are recommended by the CEPEJ and are widely accepted, like clearance rate and disposition time. However, court statistics could include information beyond court cases, like financial data per court and human resource data, which could inform interventions in the area of human resource management and financial resource management, i.e. equalization of workload among courts and judges, as well as calculation of cost per case. The use of information and communication technologies (ICT) in the courts and court statistics contributed significantly to improvement of administration of justice, through development of automatized case management systems, automatic export of relevant reports on court performance based on predefined indicators. However, few preconditions are required for successful deployment of the ICT in judiciary. Countries were putting efforts to strengthen court statistics and some good practices were developed over time. Slovenia dashboard for improvement of disposition time and Serbian court maps for tracking backlog reduction are good examples that could be used replicated in countries with similar challenges and goals.
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Beqiraj (Mihani), Pranvera. « The Right to Be Heard in the European Union – Case Law of the Court of Justice of the European Union ». European Journal of Multidisciplinary Studies 1, no 1 (30 avril 2016) : 264. http://dx.doi.org/10.26417/ejms.v1i1.p264-270.
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The right to be heard as a fundamental right within the Europen legal order was included in the right to good administration in the Charter of Fundamental Right of the European Union and imposes that every person has the right to be heard before any individual measure which would affect him or er adversely is taken. However, the Court of Justice of the European Union has a consolidated jurisprudence regarding the right to be heard which has already recognized it as a general principle and fundamental right. This paper will analyze this case law , which determine the nature of the decision-making process where this right must be applied, the nature of the decision taken and the way the interests of the person concened are affected. For this purpose different decisions of the Court of Justice of the European Union are taken under study.
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Wójcicka, Ewa. « Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe ». International and Comparative Law Review 16, no 1 (1 juin 2016) : 111–25. http://dx.doi.org/10.1515/iclr-2016-0008.
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Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.
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Martyn, Georges. « DIVINE LEGITIMATION OF JUDICIAL POWER AND ITS ICONOGRAPHICAL IMPACT IN WESTERN CULTURE ». HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL 1, no 1 (31 décembre 2019) : 230–71. http://dx.doi.org/10.24861/2675-1038.v1i1.22.
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From a historical and anthropological point of view, there is a close link between religion and the judicial function, in many cultures throughout the world. How could man be competent to judge his equals if he was not empowered to do so by God? In many cultures, originally, the same ‘functionaries’ administer both religious and judicial affairs. In medieval Europe, Christian faith and the Roman Catholic Church play a role of paramount importance in the heart of society, not only for the mere religious services, but also in politics and culture. The influence of the Church on justice administration (both via its own courts and via its interference in secular courts) is enormous. Religious texts are used as legal arguments,2 but also to legitimate the judicial function and its decision makers. And not only texts! Also (religious) images are vehicles of legitimation. The Last Judgment, in the first place, is omnipresent, in manuscripts and printed books, but also as a classical decoration for justice halls. This article looks at a number of concrete examples from art history, and tries to describe and analyse how both the divine word and image were used to legitimize the emerging ‘modern’ courts of Princes and cities. These courts, using the Romano-canonical procedure, are the forerunners of the present day judiciary. Today’s court setting, the use of red robes and green curtains, or the ritual of the oath, are just some remaining, observable aspects of an age-old charismatic, because divine, legitimation, using images as vectors of meaning.
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PULLIN, ERIC. « Secrecy, State-Private Networks and Operational Effectiveness in Cold War Europe ». Contemporary European History 25, no 3 (15 juin 2016) : 551–60. http://dx.doi.org/10.1017/s0960777316000291.
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Secrecy has unintended consequences. The release on 9 December 2014 of the US Senate Intelligence Committee's report on the torture of terrorism detainees focused public attention on the secret activities of the Central Intelligence Agency (CIA). Regrettably, lost amidst debate over justifying or condemning state-sponsored torture is a more basic concern, the issue of state secrecy, which underlies the discussion of how governments promote national ends. Only two days after the issuance of the Senate Intelligence Committee's report, the US House of Representatives adjourned without taking action on the Freedom of Information Act reform bill – despite receiving unanimous approval in both houses. This bill would not have required complete openness, but it would have eliminated many of the arbitrary mechanisms that enable the CIA and other governmental agencies to suppress requests for information. Although the House Republican leadership failed to put the act on the legislative calendar, the Obama administration's Department of Justice also deserves opprobrium for surreptitiously opposing the act behind the scenes. The US government's disregard for establishing reasonable rules of transparency virtually guarantees that the CIA will continue to suppress its records, and thus public scrutiny of its unchecked activities, for a very long time to come.
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OGBORN, MILES. « “IT'S NOT WHAT YOU KNOW . . .” : ENCOUNTERS, GO-BETWEENS AND THE GEOGRAPHY OF KNOWLEDGE ». Modern Intellectual History 10, no 1 (avril 2013) : 163–75. http://dx.doi.org/10.1017/s147924431200039x.
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Sometime in the 1760s, a Constantinople-born, French-educated Muslim arrived at the port of Balassor in north-east India. Known variously as Mustapha or Monsieur Raymond, he had, he later wrote, “with a mediocre dictionary and a bad grammar”, and by conversing with the ship's captain en route from Bombay, “learned enough of English . . . as I might delight in Bolingbroke's Philosophical works”. This student of contemporary intellectual history soon put his knowledge to work, securing a position translating for Robert Clive, the conquering hero of the English East India Company's new imperial administration in India. Subsequently falling from favour, Mustapha crossed over to seek employment with the English company's French rivals, earning himself a spell in prison as a spy. He also travelled to Mecca, where he gained the honorific “Haji” but lost his fortune, his cabinet of curiosities and his collection of books and manuscripts. He then became the keeper of a zenana (to the Europeans, a harem or seraglio), and he entered the world of publishing. In 1789, in Calcutta, Mustapha had printed for himself a pamphlet-length diatribe on the iniquitous administration of the law in British Bengal entitled Some Idea of the Civil and Criminal Courts of Justice at Moorshoodabad. In the same year he was also involved, as the pseudonymous editor “Nota Manus”, in the publication of a three-volume English translation of a Persian work of Indian history—Ghulam Hussain Khan Tabatabai's Seir Mutaqherin, or View of Modern Times (written in 1781–2)—which dealt with the British conquest and administration of Bengal, and offered a stern critique of the new rulers who seemed to have “an aversion to the Society of Indians, and a disdain against conversing with them”. Finally, Mustapha (who called himself a “Semi-Englishman” who had the interests of his “adopted countrymen” at heart) claimed to have published in London a work of futurology entitled State of Europe in 1800. In his encounters with Europeans, his travels within and beyond India (although he never made it to England as he had planned), and his involvement in the production of historical and geographical knowledge, Mustapha was deeply interested in that which shaped his own fortunes: the relationships of knowledge and power between Europe and other parts of the world.
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Melin, Pauline, et Susanne Sivonen. « Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021) ». European Journal of Social Security 23, no 4 (20 novembre 2021) : 379–91. http://dx.doi.org/10.1177/13882627211050083.
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In O.D. and Others v INPS (C-350/20), the Court dealt with the refusal of the Italian authorities to grant childbirth and maternity allowances to third-country nationals falling within the scope of the Single Permit Directive. In CG (C-709/20), the Court considered the refusal of the UK authorities to grant social assistance to an economically inactive EU citizen resident under the UK scheme adopted in the context of Brexit. In AB v Olympiako (C-511/19), the Court found that the Greek legislation, adopted in the context of the economic crisis, placing public sector workers in a labour reserve system is not discriminatory on grounds of age. In WABE and MH Müller Handel (C-804/18 and C-341/19), the Court clarified what circumstances could justify differential treatment indirectly based on religion or belief. The Court confirmed the direct effect of the principle of equal pay for male and female workers enshrined in Article 157 TFEU for cases of work of equal value in Tesco Stores (C-624/19). In Team Power Europe (C-784/19), the Court specified under which criteria a temporary-work agency could be considered as pursuing ‘substantial activities’ in a Member State. In A (C-535/19), the Court held that a Member State cannot exclude an economically inactive EU citizen from its public sickness insurance system but does not have to grant access free of charge. In FORMAT (C-879/19), the Court confirmed that Article 14(2) of Regulation 1408/71 does not apply to a person who, under a single employment contract concluded with a single employer, works in several Member States for more than 12 months in each of those Member States. Finally, in PF (C-27/20), the Court dealt a national legislation which uses the penultimate year preceding the payment period as the reference year for the calculation of family allowances to be allocated.
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Hargrove, Erwin C. « Introduction ». Journal of Policy History 15, no 1 (janvier 2003) : 1–2. http://dx.doi.org/10.1353/jph.2003.0004.
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The purpose of this issue is to explore the possible political futures of parties and movements of the “democratic left” in the United States, the United Kingdom, France, Germany, the European Union, Poland, and Russia. The task could not proceed without clear definition, or definitions, of the “democratic left” because of national variations. There is “liberalism” or “progressivism” in the United States of many hues, but with no “social democracy” or politically viable socialism to the left. Socialism, in the old sense, of ownership of the means of production, has died in Britain, and the present government of “New Labour” refers to itself as the “Third Way” between capitalism and socialism. But there is much controversy at home whether “social democracy” has been also jettisoned in favor of a kind of “neoliberalism” that has embraced markets and trimmed social security. The large, democratic parties of the left in France and Germany derive from traditions of “social democracy” that have challenged many capitalist values and institutions, whether from Marxist or non-Marxist perspectives, and sought to establish a state and society organized around principles of social justice. These parties may win national elections but are torn between old left politics and the need to form larger coalitions in order to win. One might ask, Why include Poland and Russia? The purpose was to ask if new democratic forms of “social democracy” could be discerned in the ashes of defunct communist systems that might bear some resemblance to the politics of Western Europe.
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Vitálišová, Katarína, Kamila Borseková, Anna Vanˇová et Samuel Koróny. « Impacts of electronic monitoring on the community life : blessing or disguise ? » Journal of Criminological Research, Policy and Practice 7, no 3 (5 février 2021) : 221–32. http://dx.doi.org/10.1108/jcrpp-09-2020-0061.
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Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.