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1
Ilkov, Vasyl. "Procedural features of consideration of social cases in the administrative court of first instance." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 49–59. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-4.
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The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.
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Bykadorova, E. V., N. V. Manilkin, and N. V. Boldyrev. "ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE." Law Нerald of Dagestan State University 37, no. 1 (2021): 117–22. http://dx.doi.org/10.21779/2224-0241-2021-37-1-117-122.
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The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.
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Sikorskaya, N. I. "FEATURES OF THE APPOINTMENT OF JUDICIAL EXPERTISE IN THE COURT OF APPEAL." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 170–80. http://dx.doi.org/10.37279/2413-1733-2020-6-2-170-180.
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The article describes the features of the appointment of judicial expertise in the court of appeal. The author conducts a theoretical and legal analysis of the regulation of the institution of appointment of expertise in modern Russian conditions. The author analyzes the current judicial practice in the field under study and notes that in practice, the appellate courts evaluate the applicants ‘ arguments about the appointment of expertise as additional evidence at this stage of the arbitration process in different ways. The author has separately considered the position of the higher courts (the economic Board of the Supreme court of the Russian Federation, the constitutional court of the Russian Federation) on the appointment of judicial expertise. The author concludes that in order to ensure the stability of judicial acts of the courts of first instance and minimize the exercise by the appellate instance of its powers to accept additional evidence, in order to comply with its own competence by commercial courts of different instances, as well as to prevent abuse of procedural rights by persons involved in the case, it is advisable for the courts to pay attention to the need for timely and correct appointment of expertise to clarify issues, requiring special knowledge and uniform application of legal norms by arbitration courts.
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Blanke, Gordon. "Ruling of Dubai Court of First Instance Calls into Question uae Courts’ Recent Acquis on International Enforcement of Foreign Arbitral Awards." Arab Law Quarterly 29, no. 1 (March 5, 2015): 56–75. http://dx.doi.org/10.1163/15730255-12341293.
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A recent ruling of the Dubai Court of First Instance questions de novo the uae courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the uae courts’ practice to abide by the terms of international enforcement instruments—foremost amongst them the New York Convention, this ruling marks a sudden and unwelcome setback in what commentators had believed had become a turning-point in the uae enforcement practice of foreign arbitral awards. This case comment discusses the place of the Court of First Instance’s ruling in the enforcement history of the uae to date.
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Al-Kasassbeh, Dr Fahad Yousef. "Subject-matter Jurisdiction of Courts of First Instance in the Jordanian Judicial System." Psychology and Education Journal 58, no. 1 (January 29, 2021): 820–32. http://dx.doi.org/10.17762/pae.v58i1.834.
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It is established that the jurisdictional rules are binding legal rules. The parties to whom provisions of these rules apply are required to comply with them, since the binding nature of rules of subject-matter jurisdiction oblige the parties to the proceedings, whether plaintiff or defendant, to adhere to them. Further, the public prosecutor’s office and courts are required to comply with these rules. If a court finds that it does not have jurisdiction over a case or a complaint filed before it, then it should declare lack of jurisdiction. It is established that rules of subject-matter jurisdiction are part of the public order. This is since the legislator determines such jurisdiction for a public interest, i.e. the justice. Hence, violating the rules of subject-matter jurisdiction results in absolute invalidity.
This study aims to identify the subject-matter jurisdiction of the court of first instance without dealing with the territorial jurisdiction. This is in view of the problems that the subject-matter jurisdiction raises, especially with the large number of amendments made to the legislations that define this jurisdiction without the knowledge of the relevant parties, which raises a kind of confusion and ambiguity. The nature of subject-matter jurisdiction is defined in the introductory topic of this study. The subject-matter jurisdiction of the court of first instance over civil matters and criminal matters is defined in three topics. The study ends with the most important findings and recommendations, including, but not limited to, the special courts are cancelled and their jurisdiction is transferred to the courts of first instance.
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Maghsoudpour, Rasoul, and Malihe Yavari Tamam. "An Introduction to the System of Appeals in Iran, Egypt and France." International Law Research 9, no. 1 (July 3, 2020): 72. http://dx.doi.org/10.5539/ilr.v9n1p72.
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The present study aims at exploring the system of appeals in Iran, Egypt and France in order to gain a better understanding of those systems. Firstly, the French legal system is explored. The organization of the French courts consists of the Court of First Instance, the Court of Appeal, and The Cour de Cassation. Under the French legal system, there are a few specific rules concerning appeal from judgment and appeal from other factors. Secondly, the Egyptian legal system as a codified law system was considered. It consists of three courts of First, Instance and Cassation. In fact, the Egyptian court of Appeal reconsiders felony cases. In general, the Egyptian Courts of appeal include eight courts and each court is independent and hears specific kinds of Claims such as economical and criminal matters. Thirdly, Iranian appeal system such as its deadline, effects and types is examined.
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Balanovskii, Valentin Valentinovich. "The role of judges' assessment of legally significant circumstances in civil and administrative proceedings: on the example of Kaliningrad Oblast." Юридические исследования, no. 11 (November 2020): 1–17. http://dx.doi.org/10.25136/2409-7136.2020.11.34600.
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The main purpose of the article is to demonstrate on the matter of empirical material the importance of judges’ assessment of legally significant circumstances of the case for Russian civil and administrative proceedings. The subject of the research is the norms of the current procedural Russian legislation, the texts of the appellate rulings on cancellation of the decisions of the courts of first instance in civil and administrative cases of the Kaliningrad region, which entered into force in the period from 01.01.2017 to 31.12.2020, and the data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation for 2017-2019. The author uses sociological and mathematical methods, as well as methods of content analysis of the texts of appeal rulings on the cancellation of decisions of the courts of first instance in civil and administrative cases. The novelty of the study is due to the fact that nobody has previously collected and analyzed statistical data on specific grounds for the complete cancellation of decisions of the courts of first instance in appeal order in civil and administrative cases in the Kaliningrad region. As a result of the analysis of specific empirical material, the author establishes that the judges' assessment of legally significant circumstances plays a key role for contemporary Russian legal proceedings. This is especially true for civil proceedings. This conclusion follows from the fact that every 25th decision of the court of first instance in civil proceedings is subject to complete cancellation. In 80% of such cases, the court's incorrect assessment of the legally significant circumstances of the case is the only or one of several grounds for cancellation.
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Koryakovtsev, V. "Review of court decisions based on the jury’s decision in the supervisory instance." Law Enforcement Review 2, no. 4 (December 28, 2018): 106–24. http://dx.doi.org/10.24147/2542-1514.2018.2(4).106-124.
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The subject. The article discusses the procedural peculiarities and grounds for the supervisory (cassation) review of court decisions based on the jury’s decision.The purpose of the article is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods as well as legal interpretation of the text of Russian Criminal Procedure Code and Russian Supreme Court’s decisions. The decisions of Russian Constitutional Court and court statistics are also analyzed.The main results and scope of their application. In the introduction the author substantiates the relevance of the proposed research by creating a separate cassation and appeal courts of General jurisdiction, a significant extension of jurisdiction of the Russian court with participation of jurors in the district courts as of 1 June 2018., that will result in a manifold increase in the cases before the courts with participation of jurors in the first instance, and a manifold increase in appeals and representations on the decision of the jury. In the second section of the work the characteristic of legal institution of possible turn to the worst for the condemned situation in cassation and Supervisory instances is given, the analysis is widely known of the resolution of the constitutional court of the Russian Federation of May 11, 2005. The third section of the work considers the grounds for possible review of the decision of the courts with the participation of jurors in the order of Art. 401.6 of the Code of Criminal Procedure and grounds proposed by the Plenum of the RF Supreme Court in the Decree of January 28, 2014. The fourth section of the work is devoted to the characteristics of the rules and procedure of Supervisory proceedings, specifies the types of appealed decisions, powers and limits of the rights of the Presidium of the Russian armed forces, provides examples of review of judicial decisions with the participation of juries that have en-tered into force.Conclusions. The author suggests to replace the grounds for cancellation or amendment of acquittal decisions of courts based on the jury’s decision with the grounds of cassation review of jury trials that are included in art. 664 and 665 of the Code of Criminal Procedure of the Republic of Kazakhstan due to their clearer legal definition and lack of evaluative concepts.
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Shcherbyna, V. S., and V. V. Bodnar. "SOME ASPECTS OF THE APPEAL IN ECONOMIC JUDICIAL PROCEEDINGS." Economics and Law, no. 1 (April 15, 2021): 3–9. http://dx.doi.org/10.15407/econlaw.2021.01.003.
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The issues of organizational changes that the courts of appellate instance have undergone, as well as the content of the norms of economic procedural legislation, which enshrine the features of appellate proceedings. The peculiarities of appellate proceedings as an independent stage of economic litigation are considered, which include the following: a) an appeal is filed against a decision of a court of first instance that has not entered into force; b) review of court decisions on appeal is carried out by the courts of appeal; c) the right to appeal has the participants, as well as persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities; d) the appeal is filed directly with the court of appeal; e) the subject of review of the case by the court of appellate instance is the verification of the legality and validity of the decision of the court of first instance; f) the limits of review of the case in the court of appeal, as a rule, are limited by the arguments and requirements of the appeal; g) in the court of appellate instance cases are reviewed according to the rules of consideration of cases in the order of simplified claim proceedings, taking into account the features provided by the Code. It is proposed in order to avoid (reduce) cases of unfounded filing of appeals to supplement Art. 254 Code of Economic Procedure of Ukraine norm on the grounds of appeal of court decisions such as defined in Part 2 of Art. 287 of the Code of Economic Procedure of Ukraine on the grounds of cassation appeal. It is noted that the current version of the Code of Economic Procedure of Ukraine does not contain rules that would determine what procedural actions and within what period the appellate court should take to recover the case from the court of first instance, and during what period the court of first instance should consider the case her appellate court. Arguments are made against the use by courts of the so-called "procedural analogy" in cases. Other proposals are being made to improve the current procedural legislation.
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Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. 3 (September 25, 2020): 239–57. http://dx.doi.org/10.32609/j.ruje.63.51277.
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A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on concerted practice and track the evolution of legal definition and sufficiency of evidence in such cases. We show, first, that in Russian enforcement, the ability of the Highest Court to influence the criteria of first instance courts is limited (in contrast to the ability of the first instance court to influence the strategy of enforcement by the competition authority). Second, the increase in the burden of proof motivates the competition authority to refrain from an investigation of concerted practice, in accordance with the prediction of the model of the selection of enforcement target by reputation-maximizing authority.
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Casado Abarquero, Marta. "Levantamiento del velo en material laboral: exequatur y problemas de delimitación de competencia objetiva = Piercing the corporate veil doctrine in labor matters: exequatur and delimitation problems of objective competence." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 731. http://dx.doi.org/10.20318/cdt.2019.4644.
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Resumen: El Auto de la Audiencia Provincial de Madrid de 9 de marzo de 2018 aborda en sede de exequatur el intenso debate que existente sobre la delimitación de competencias entre los Juzgados de Primera Instancia y los Juzgados de lo Mercantil. Partiendo de una sentencia argentina que en materia de despido extiende la responsabilidad por deudas salariales a los administradores sociales de la matriz española que ostenta una participación del 99% en el capital social de la filial argentina en la que los demandantes trabajaron, la Audiencia Provincial trata de perfilar los límites difusos entre materia mercantil y materia laboral en un asunto en el que la ratio decidendi para condenar a los administradores ha sido la aplicación de la multidisplinar teoría del levantamiento del velo.Palabras clave: exequatur, competencia objetiva, juzgados de lo mercantil, juzgados de primera instancia, conflicto de competencias, doctrina del levantamiento del velo.Abstract: The Order of the Provincial Court of Madrid 9 March 2018 faces, in the field of exequatur, the intense debate dealing with the delimitation of jurisdiction between First Instance Courts and Commercial Courts. Based on an Argentine judgement that spreads the liability for wage debts to the social administrators of the Spanish head company of the Argentine subsidiary for which the plaintiffs worked, the Provincial Court outlines the blurred boundaries between commercial and labor matters in a case in which the ratio decidendi to condemn the social administrators has been the application of the multidisciplinary corporate veil doctrine.Keywords: exequatur, objective competence, commercial courts, first instance courts, conflict of jurisdictions, piercing the corporate veil doctrine.
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Zainashev, Ravil, Idris Gilmanov, and Muhamat Gilmanov. "Competence of Courts of First Instance in the Republic of Tajikistan." Journal of History Culture and Art Research 7, no. 4 (November 30, 2018): 278. http://dx.doi.org/10.7596/taksad.v7i4.1846.
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Rudas, Milena M., Stefany Baena Valencia, and Ismael Pérez García. "Forensic psychological reports in first instance courts decisions in sexual assaults." Revista de Derecho Uninorte, no. 46 (July 15, 2016): 200–224. http://dx.doi.org/10.14482/dere.46.8816.
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Castro, Massimo Finocchiaro, and Calogero Guccio. "Measuring Potential Efficiency Gains from Mergers of Italian First Instance Courts through Nonparametric Model." Public Finance Review 46, no. 1 (June 16, 2016): 83–116. http://dx.doi.org/10.1177/1091142116652723.
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In several countries, economic development has boosted the mobility of population, changing the distribution of litigation. Hence, the increasing difference between the new demand of legal services and the old judicial maps has increased processing time and backlog, therefore, badly affecting judiciary efficiency. These issues are particular relevant for the Italian judicial system because of the Italian government’s proposal (decree n. 155/2012) of new judicial map of first instance courts. The courts’ reorganization has been achieved through the horizontal merger of some courts and the abolition of all local courthouses. This article represents the first attempts at measuring the potential performance improvements achieved by the enforced reform. For this purpose, we compare the efficiency levels of Italian first instance courts in 2011 with those reached by the new judicial map. Our results show not negligible efficiency gains from the proposed mergers under the variable returns to scale technology assumption.
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Dimitrova-Grajzl, Valentina, Peter Grajzl, Janez Sustersic, and Katarina Zajc. "Court output, judicial staffing, and the demand for court services: Evidence from Slovenian courts of first instance." International Review of Law and Economics 32, no. 1 (March 2012): 19–29. http://dx.doi.org/10.1016/j.irle.2011.12.006.
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Due, O. "The Court of First Instance." Yearbook of European Law 8, no. 1 (January 1, 1988): 1–10. http://dx.doi.org/10.1093/yel/8.1.1.
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Yudin, Andrew Vladimirovich. "Consequences of procedural rules violation on conciliation procedures in civil proceedings (to the adoption of the Federal Law of July 26, 2019 No. 197-FZ “On Amending Certain Legislative Acts of the Russian Federation”)." Current Issues of the State and Law, no. 12 (2019): 549–57. http://dx.doi.org/10.20310/2587-9340-2019-3-12-549-557.
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The relevance of the study lies in the fact that the reform of the procedural legislation in line with expanding the possibilities of parties reconciliation at all stages of the civil and arbitration process, including through mediation, has generated a number of scientific and practical problems, one of which is the assessment of the imperativeness of the rules of procedural law on fulfillment by a court or arbitration tribunal of an obligation to facilitate parties reconciliation. The purpose of the study is to evaluate the arguments both in favor of the fact that the court’s failure to fulfill the obligation to cooperate in reconciling the parties should serve as the basis for the an-nulment of the judicial act, and in favor of the fact that this violation does not affect the decision correctness on the merits of the dispute. We draw conclusion that, in certain circumstances, a provisions violation on conciliation may constitute a reason for the decision annulment (for example, in cases where the court of the verification instance, in order to make up for the omissions of the court of first instance, leads the parties to reconciliation, although annulment with the termination of the proceedings in this case is objective consequence of achieving the result of conciliation procedures); in other cases, the discovery of the fact that the potential of conciliation procedures has not been used, with the revealed possibility of parties conciliation, may serve as the basis for making a special ruling to the court of first instance. But in any case, the court’s failure to reconcile the parties would constitute a violation of civil procedural law, which should not be left without any reaction from the courts of verification instances.
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Morgan, Phillip. "Doublethink and District Judges: High Court precedent in the county court." Legal Studies 32, no. 3 (September 2012): 421–47. http://dx.doi.org/10.1111/j.1748-121x.2012.00228.x.
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This paper considers an often ignored topic in the English system of precedent, the role of High Court precedent in the county court. In doing so it reveals the many weaknesses of the existing approach to lower court precedent. It is argued that the High Court, (generally) a first instance tribunal, which does not bind itself and can come to contradictory decisions in different cases, the later not overruling the earlier, should not bind any court below it. A model of how multi-tiered first instance tribunals, such as the High Court and county court, should interact is demonstrated by the approach taken between the Court of Session, Outer House, and inferior courts in Scotland.
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Zainashev, Ravil R., Idris M. Gilmanov, and Muhamat M. Gilmanov. "Analysis of the Jurisdiction of the Courts of First Instance of Turkey." Journal of Politics and Law 12, no. 5 (August 31, 2019): 79. http://dx.doi.org/10.5539/jpl.v12n5p79.
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The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace.
In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.
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Koryakovtsev, V. "Grounds for review of court decisions based on the jury’s decision in the appellate instance." Law Enforcement Review 2, no. 3 (December 25, 2018): 117–34. http://dx.doi.org/10.24147/2542-1514.2018.2(3).117-134.
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The subject of the paper is the procedural features and grounds for the appellate revision of the verdict, decided by the court with the participation of jurors.The purpose of the article is to is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods during the scrutinize the text of the Criminal Procedure Code of the Russian Federation and international legislation. The court statistics is also analyzed.The main results and scope of their application. The author gives a general description of the legal concepts of cassation and appeal, their similarities and differences. The paper suggests statistical indicators of the activity of the jury as a court of first instance, as well as statistical characteristics of the decisions of the Supreme Court of the Russian Federation as a court of appeal and as a court of cassation. A brief description of the rules of appeal proceedings, the types of appealed decisions, powers and limits of the rights of appeal are also characterized. It is proposed to analyze the grounds for repealing or changing the ac-cusatory and acquittal decisions of courts with the participation of jurors, the interpretation of such grounds by higher courts through the resolution of specific criminal cases. Specific criminal cases examples are given, and foreign criminal procedure legislation is analyzed.Conclusions. The author suggests to replace the grounds for cancellation or modification of both accusatory and acquittal decisions of courts based on the jury’s decision with the grounds previously provided in art. 465 of the Code of Criminal Procedure of the RSFSR because of their clearer legal content.
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Buzova, N. V., and M. M. Karelina. "Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal." Rossijskoe pravosudie 7 (June 26, 2020): 94–100. http://dx.doi.org/10.37399/issn2072-909x.2020.7.94-100.
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The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related rights. In the case of interim measures, the case decision belongs to competence of the Moscow City Court. As a result of changes in the legislation on the judicial system, the courts of appeal and cassation of general jurisdiction began to work. Consideration of complaints against judicial acts of the Moscow City Court, rendered by them at first instance, are referred to the competence of the new courts. The article notes the stages of development of legislation on copyright protection on the Internet, as well as some problematic aspects of copyright and related rights protection on the Internet.
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Kościółek, Anna. "Model zażalenia w świetle nowelizacji Kodeksu postępowania cywilnego z 4 lipca 2019 r." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 136–49. http://dx.doi.org/10.15584/znurprawo.2020.29.9.
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The following paper includes an analysis of the model of a complaint in the polish civil proceedings. This issue is discussed especially in the light of essential legislative changes introduced by the Act of 4 July 2019 amending the Act – the Code of Civil Procedure and some other acts. These changes fundamentally altered the model for reviewing court decisions in incidental matters, which are not conclusive for the entire proceedings. The Act, in particular, significantly limited the catalogue of decisions of courts of first instance which can be appealed againts to the court of second instance, reshaping this particular model of control into an exception to the simultaneously introduced principle of examining a complaint by different judges of the same court. On the other hand, the act expanded the scope of decisions of courts of second instance which are examined by different judges of the same court. A similar solution was introduced also in in the enforcement proceedings. Therefore, in the current legal status, majority of incidental decisions in civil proceedings has been covered by the so called horizontal complaint. In consequence, a complaint lost its devolutive nature and thus ceased to be an appelate messure.
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de Wet, Erika. "The Role of European Courts in the Development of a Hierarchy of Norms within International Law: Evidence of Constitutionalisation?" European Constitutional Law Review 5, no. 2 (June 2009): 284–306. http://dx.doi.org/10.1017/s1574019609002843.
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Constitutionalism – Kadi ruling of EU Court of First Instance – Erosion of ‘total’ constitutional order by reallocation of public power – Constitutional vision challenge of networks approach – Emerging human rights hierarchy – Rudimentary international value system – Ius cogens and erga omnes – Barcelona Traction – Core human rights elements – Enforcement through regional and domestic courts – Review of Security Council resolutions
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Olijnyk, Yurij. "Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 77–83. http://dx.doi.org/10.36695/2219-5521.2.2020.13.
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The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicial authorities, for some time foreign sources of law (Austrian, German,and Russian) remained in force in its territory. During the interwar period in the Polish state a special mission was assigned to the courts,because they were the spokesman for social justice. The role of courts played an important role in their structure and leadership. Thestructure and management of the appellate and district courts in the judicial system of the Second Commonwealth of Poland and thecharacteristic features of the structure and leadership of the Court of Appeal of Lviv have been analyzed.The Court of Appeals in Lviv was responsible for administering in its judicial district, carrying out inspections in lower courts,and bringing to justice judges and court officials through disciplinary violations, organization and reorganization of the courts of firstand second instance. The Court of Appeals also dealt with the nomination and transfer of judges from one court to another, followedthe law by lower courts, regulated the territory of the judicial districts (the final decision was nevertheless at the highest court in Warsawand the Ministry of Justice), took reports on the number of cases considered by the lower courts authoritiesThe article analyzes the procedure for consideration of cases in the Court of Appeal of Lviv (1919-1939s). It is noted that thecase was considered by the Court of Appeal according to the rules established for consideration of the case by the court of first instance(county or district). The Court of Appeal in Lviv reviewed the case in full, or focused only on a separate part of it, but only within thelimits of the complaint filed by a party in the process. The appellate court considered the case on the merits and made a decision, changingthe decision of the lower court, or leaving it unchanged.
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Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.
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Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.
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Juss, Satvinder S. "THE JUSTICIABILITY OF RELIGION." Journal of Law and Religion 32, no. 2 (July 2017): 285–310. http://dx.doi.org/10.1017/jlr.2017.29.
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AbstractInShergill & Others v. Khaira & Others[2014] UKSC 33, the UK courts considered whether a Sikh holy saint had the power to dismiss trustees who questioned his “succession” to the religious institution of theNirmal Kutia Johal. The Supreme Court, reversing the decision of the Court of Appeal that religious questions were “nonjusticiable,” reinstated the judgment at first instance of the High Court to the contrary. The decision of the Supreme Court is important because whenever questions of the identification and legitimacy of successors to a religious institution have arisen, their “justiciability” before a secular court has invariably been a bone of contention on grounds that it threatens the autonomy of religious institutions. InShergillthe Supreme Court got around these concerns by drawing a normative distinction between the public law of the land (which the courts are required to determine), and the internal private law of a religious institution on matters of succession, ordination, and removal (which are not in themselves for the courts to decide). ButShergillalso went further than previous case law in two respects. First, the fundamental tenets of a belief system are capable of an objective assessment by a secular court provided that there is public law element to a dispute, in which case the court can then decide on the fitness of the successor for office. This means there is no general presumption that a secular court is barred from considering religious questions per se. Second, these principles apply just as much to the judicial consideration of non-Christian faiths as they to the Christian religion, and this is so notwithstanding the court's unfamiliarity with other faiths.
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Millet, Timothy. "The New European Court of First Instance." International and Comparative Law Quarterly 38, no. 4 (October 1989): 811–33. http://dx.doi.org/10.1093/iclqaj/38.4.811.
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Lenaerts, Koen. "Interlocking Legal Orders in the European Union and Comparative Law." International and Comparative Law Quarterly 52, no. 4 (October 2003): 873–906. http://dx.doi.org/10.1093/iclq/52.4.873.
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Even if an external observer who takes an interest in the case-law of the Court of Justice of the European Communities and of the Court of First Instance of the European Communities may not have such an impression at first sight, comparative law plays a central role in the activities of these courts. It means much more than simply looking at solutions given to certain problems in the legal orders of the Member States. As a former president of the Court of Justice rightly observed, recourse to comparative law is for the Court of Justice essentially a method of interpretation of Community law itself.1 For the Court of Justice and the CFI (below often referred to as ‘Community judge’ or ‘Community courts’), it is one method amongst other methods of interpretation of the law (such as literal, exegetic, historical, systematic interpretation) and it constitutes a tool for establishing the law.2
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Hunter, Rosemary, Sharyn Roach Anleu, and Kathy Mack. "Judging in lower courts: Conventional, procedural, therapeutic and feminist approaches." International Journal of Law in Context 12, no. 3 (July 21, 2016): 337–60. http://dx.doi.org/10.1017/s1744552316000240.
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AbstractRecent theorising about feminist judging has concentrated on appellate courts and their judgments. This paper develops a conceptualisation of feminist judging in lower, first instance courts, which are dominated by high case volume and limited time for each matter, with decisions given orally and ex tempore rather than in elaborated written judgments. Through careful accounts of the philosophy, goals and practices of conventional as well as newer, more engaged approaches to judging, the paper compares and contrasts feminist judging with other approaches to judging in the lower courts. This entails considering dimensions such as the judicial officer's orientation to substantive law and practice in court, concepts of fairness, ethical commitments, the view of the defendant, and judicial qualities and capacities.
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Arnull, Anthony. "Modernising the Community Courts." Cambridge Yearbook of European Legal Studies 3 (2000): 37–63. http://dx.doi.org/10.5235/152888712802859240.
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A purist might say that the judicial architecture of what is now the European Union was first altered by the 1957 Convention on Certain Institutions Common to the European Communities. That Convention set up a single Court of Justice with jurisdiction under the three Community Treaties which had by then been signed. However, the 1957 Convention should probably be regarded as the last brick in the original edifice, which was to remain unchanged for nearly 30 years. Although the Court started to express concern about its capacity to cope with its workload in the 1970s, the Member States did not respond until 1986, when provision for a court of first instance was made in the Single European Act. That reform marked the beginning of a period of rapid change in the judicial architecture of the Union.
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Arnull, Anthony. "Modernising the Community Courts." Cambridge Yearbook of European Legal Studies 3 (2000): 37–63. http://dx.doi.org/10.1017/s1528887000003724.
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A purist might say that the judicial architecture of what is now the European Union was first altered by the 1957 Convention on Certain Institutions Common to the European Communities. That Convention set up a single Court of Justice with jurisdiction under the three Community Treaties which had by then been signed. However, the 1957 Convention should probably be regarded as the last brick in the original edifice, which was to remain unchanged for nearly 30 years. Although the Court started to express concern about its capacity to cope with its workload in the 1970s, the Member States did not respond until 1986, when provision for a court of first instance was made in the Single European Act. That reform marked the beginning of a period of rapid change in the judicial architecture of the Union.
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Kuliushin, Evgenii Nikolaevich. "Adoption of a judgement and exercising control of its performance by a court in administrative proceedings." SHS Web of Conferences 118 (2021): 03029. http://dx.doi.org/10.1051/shsconf/202111803029.
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The article examines the essence and content of the powers of the court of first instance to make a judgement and control its implementation in order to improve the effectiveness of judicial protection of violated rights of citizens and organisations against illegal acts of public law bodies, the correctness and timeliness of consideration and resolution of cases in public law disputes, prevention of violations in the area of public law relations, the possibility of reducing the burden on courts of first instance in various categories of public law disputes. The key focus is on the peculiarities of exercising by a court of powers to make court judgements and exercising control of their execution in public law disputes on the basis of historical-legal, comparative-legal and formal-legal methods of researching similar powers of courts in countries of the civil law system (France, Germany) and countries representing the common law system (England, USA), comparing the contents of the powers of the court in administrative proceedings in accordance with the Code of Administrative Procedure of the Russian Federation and the powers of the court in civil and arbitration proceedings. The use of historical-legal, comparative-legal and formal-legal methods for researching the content of powers to adopt a court judgement and exercise control over its execution made it possible to formulate conclusions regarding the scope of procedural actions of the court of first instance in administrative proceedings, the possibilities of improving the model for exercising judicial control over acts in public-legal authorities, correctness and timeliness of execution of court judgements taken against public law authorities in order to ensure that the weak side in administrative proceedings can be protected. The novelty of the work lies in the proof that in order to increase the effectiveness of the protection of the violated rights of individuals against unlawful acts of public authorities, it is necessary to improve the mechanism for the exercise by the court of powers to make a judgement and exercise control over implementing it.
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Kassem, Rassel, Mian Ajmal, Matloub Hussain, and Petri Helo. "Critical factors for culture of judicial excellence: benchmarking study of Emirati courts." Benchmarking: An International Journal 24, no. 2 (March 6, 2017): 341–58. http://dx.doi.org/10.1108/bij-03-2016-0045.
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Purpose The purpose of this paper is to assess the organizational culture of courts in the United Arab Emirates (UAE), and the culture type required to achieve business excellence. This research also aims to benchmark the criteria weights of the International Framework for Court Excellence (IFCE) in the UAE and suggest new weights that better reflect courts’ local priorities and national work culture. Design/methodology/approach The analytic hierarchy process (AHP) method was used to prioritize the IFCE criteria and select the most important culture types to consider. A questionnaire was designed and data were collected from first instance courts in UAE. The respondents were judges in management roles, to ensure that the opinions provided reflected experience of judging and were aligned with the courts’ strategic objectives. Findings The results show that the IFCE model criteria have different levels of importance in UAE than in the original model. The major differences are in court proceedings and processes, and affordability and accessibility of services. Adaptability and mission seem to be the most important cultural traits. Originality/value No previous studies have investigated court excellence in UAE. This study should supply court managers and administrators with a clearer understanding of the priorities for achieving court excellence. There is inconsistency about the culture needed to boost good performance in public service organizations like courts, and decision makers may use these findings to enhance the cultural attributes that are particularly associated with excellence in courts.
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Watts, Gregory W. "Ohio." Texas A&M Journal of Property Law 6, no. 3 (December 2020): 284–300. http://dx.doi.org/10.37419/jpl.v6.i3.12.
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In recent years, as a result of Ohio’s Utica shale boom, Ohio courts have confronted the issue of how to apply the Ohio Marketable Title Act. As with many statutes, there are generally two questions to answer: (1) does the particular statute apply to the particular facts of the case? and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case?
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Orlić-Zaninović, Senka. "Troškovi upravnog spora nakon novele Zakona o upravnim sporovima 2017." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 667–83. http://dx.doi.org/10.30925/zpfsr.39.1.22.
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<span>This paper deals with problems in the application of Article 79 of the Law on Administrative Disputes (Official Gazette 20/10, 143/12, 152/14, 94/16, 29/17) and Article 3 of the Amendments Act to the Administrative Disputes Act (Official Gazette No. 29/17), which appeared in the practice of the Administrative courts and the High Administrative Court of the Republic of Croatia. Different, mutually opposing interpretations of these provisions extend to the different perception of the goal and purpose of the administrative dispute in the practice of the Administrative Courts, as well as the relationship between the administrative dispute at the first instance courts and the appellate proceedings before the High Administrative Court of the Republic of Croatia. Therefore, the paper tries to answer open questions, as well as to present comparative legal solutions of neighboring countries and propose possible interpretations of disputable issues, and thus initiate necessary changes to the normative expression in force.</span>
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Fingas, Maciej. "The Appellate Court’s Reformatory Powers in ECtHR Case Law – between the Efficiency of the Procedure and the Guarantees of the Fair Trial in Criminal Proceedings." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 2 (September 13, 2021): 154–74. http://dx.doi.org/10.1163/15718174-bja10023.
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Abstract Appeal proceedings in criminal cases are regulated in various ways by European legislators. The ECtHR case law does not impose any particular model of appeal proceedings; however, Article 6 is applicable to appeal proceedings and the manner of its application is contingent on the specific features of the proceedings in question. One of the key problems in this respect is the way the issue of the reformatory powers of appellate courts is regulated. This article seeks to reconstruct the rules worked out in the Strasbourg Court’s case law pertaining to this matter, as well as to formulate proposals as regards applying the principle of immediacy in appeal proceedings and the issue of the appellate court’s differing assessment of facts established by the court of first instance. The possible developments of case law in this area are also discussed.
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Goudkamp, James, and Donal Nolan. "Contributory negligence in the Court of Appeal: an empirical study." Legal Studies 37, no. 3 (September 2017): 437–67. http://dx.doi.org/10.1111/lest.12153.
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In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine's operation in first instance courts. Our dataset comprised every appellate decision in which contributory negligence was an issue that was handed down during the study period and which we were able to access electronically. The most important findings include the fact that appeals succeed more frequently in relation to the existence of contributory negligence than with respect to apportionment; that the overall prospect of winning an appeal on contributory negligence does not depend on whether the first instance court is a county court or the High Court; that claimants are nearly twice as likely to win an appeal regarding the existence of contributory negligence as defendants; and that by far most common discount imposed following an appeal is 50%.
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Bernatt, Maciej. "Effectiveness of Judicial Review in the Polish Competition Law System and the Place for Judicial Deference." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 97–124. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.4.
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The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decisionmakers, and the overall expert character of UOKiK’s decision-making process. On this basis the article examines whether there are grounds for the reviewing courts to defer to UOKiK’s findings. The article concludes that currently the review undertaken by SOKiK happens to be superficial and thus ineffective. At the same time, the Supreme Court’s review of the determination of the relevant market is not deferential towards UOKiK’s findings. The Supreme Court substitutes its own definition of the relevant market for that of UOKiK and that of the lower courts. However, the article shows that there are no grounds at the moment for arguing for greater judicial deference. Proceedings held before UOKiK, despite recently introduced improvements, still do not offer sufficient due process guarantees or a division between investigatory and decision-making functions. In addition, UOKiK’s expertise is not sufficient for both institutional and practical reasons
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Sellers, Robin. "When is a Chemical Weapon Not a Chemical Weapon?" Journal of Criminal Law 81, no. 1 (February 2017): 20–25. http://dx.doi.org/10.1177/0022018316685476.
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This article seeks to highlight the difficulties encountered in the interpretation of the prohibition on the use of chemical weapons in the Chemical Weapons Act 1996. In particular, the application of ‘the act’ against individuals in the domestic criminal courts as opposed to larger entities and nation states. An example is given from the first instance decision in the case of Regina v Mohammed Amer Ali heard at the Central Criminal Court between 7 and 14 July 2015.
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Komariah, Upi. "PENYELESAIAN SENGKETA WAKAF DI PENGADILAN AGAMA." Jurnal Hukum dan Peradilan 3, no. 2 (July 31, 2014): 117. http://dx.doi.org/10.25216/jhp.3.2.2014.117-126.
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Waqf is a legal act wakif to separate and / or give up some of their wealth either permanently or for a specified period in accordance with its importance for religious purposes and / or general welfare according to sharia. (Article 1, paragraph 1 of Law No. 41 of 2004 on Waqf). Religious Court duty and authority to examine, decide, and resolve the matter in the first instance between people who are Muslims in the field; a). marriage; b). inheritance; c). wills; d). grants; e). endowments; f). zakat; g). infaq; h). Sadaqah; and i). Shariah economy. (Article 49 paragraph (1) of Law No. 7 of 1989 as amended by Act No. 3 of 2006 on the Religious Courts). In the event of a dispute endowments, the remedies are done first is through the efforts of deliberation, new if done then of deliberation not come to fruition, the solution sought by the Religious Courts Keywords: Dispute, Waqf, Islamic Court
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Сарнацький, O. П. "he attitude of the prosecutor's office and the autocracy court to the activities of members of the Ukrainian political parties of the Dnieper in the early twentieth century." Problems of Political History of Ukraine, no. 14 (June 12, 2019): 107–16. http://dx.doi.org/10.33287/11910.
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The actions of the juridical branch of power of the autocracy in relation to the activity of oppositional political parties founded at the end of the 19-th – beginning of the 20-th centuries in Russian Empire and headed liberator and national-liberator movement in the country, which were aimed at cease of their political activity and occurred simultaneously with administrative repressions over political opponents of the existing system. After all, the law in force in the empire until October 1905 did not allow the existence and activity of any political parties in the country. In the conditions of the lawfulness proclaimed by tsarist (even with all its limitations), the authorities were forced to resort to court assistance. The accusatory verdict was the most severe punishment. According to the law of the country, the most important matters are cases of corruption (and the case of state-owned crime was political, against officials, for example, were the most serious crimes) were subject in essence only in district courts and chambers of court. Similar order was launched in 1864, during the course of the reformation, which entered three-stage court system. The courts of the first instance were district courts. There were twenty-eight district courts in Ukraine. The courts of the second instance were judicial chambers. In Ukraine, there were three of them –in Kyiv, Odessa and Kharkov. Here are just some examples. In 1901 the prosecutor of the Kyiv court chamber considered the case concerning the members of the secret organization «Kiev an revolutionaries independent» the carpenter E. Shcherbak and locksmith P. Petrov who were accused of distributing in Kyiv a brochure «How to keep yourself on interrogation», the magazine «Svoboda» and another illegal literature, noted in their working papers, and the court punished them for it. During the peasant riots in the Poltava and Kharkov regions in the spring of 1902, the Kharkov Chamber of Justice acted expeditiously, punishing the peasants for their participation in them. In July 1904, in Lipovets, in the Kyiv region, a peasant Dmitry Perebyinos found brochures «Uncle Dmitry», which he distributed among his fellow villagers. The Kiev an court chamber condemned D. Perebynos according to art. 130 of criminal code for two weeks imprisonment. During the First Russian Revolution, which began at this time, the judiciary in every way promoted the local administrative authorities in defining its properties of the committed «criminal acts» and punishing the perpetrators.
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Hogan, Gregor. "Legal and practical issues arising from Lehtimaki v Children’s Investment Fund Foundation (UK)." Trusts & Trustees 26, no. 2 (January 22, 2020): 161–67. http://dx.doi.org/10.1093/tandt/ttz134.
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Abstract Next year the Supreme Court will hear the appeal from Lehtimaki v Children’s Investment Fund Foundation (UK) [2018] EWCA Civ 1605 (‘CIFF’) (reported as Children’s Investment Fund Foundation (UK) v Attorney General [2017] EWHC 1379 (Ch) at first instance). This article addresses the legal and practical issues that might arise from the Court of Appeal’s judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal’s observations on the courts’ powers to intervene in the exercise of discretion by fiduciaries in the charities context.
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Ilkov, Vasyl. "The Supreme Court's decision in the model case as a judicial precedent in the legal system of Ukraine." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 5–16. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-1.
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The publication deals with the concept and features of the Supreme Court's decision in the model case as a judicial precedent. The judicial precedent in the legal system of Ukraine is the Supreme Court's decision in an exemplary case, which contains conclusions on the application of the rules of law and a formulated rule. After the adoption of the new version of the Code of Administrative Judiciary of Ukraine and the direct introduction of the mechanism of decision-making in the model case and the actual systematic review by the courts of first instance of numerous typical cases on the basis of the model case, it can be concluded that in the legal system judicial precedent becomes a source of law in the administrative proceedings. In the countries of the Anglo-American system of law, the Supreme Court ensures the unity of the case law at the highest level. The precedent system is vertical and requires judges to adhere to the decisions of high courts. Today in Ukraine, belonging to the countries of the Romano-German legal family, one can already speak about the official use of precedents in the administrative process, namely the informal application of precedents in the decisions the Supreme Court in model cases. The main features of judicial precedent are the fact that it is created when considering a particular case, combines individual-legal and normative-legal features, dynamism and a high degree of specification of the legal norm, which is objectified in the judicial precedent. Such decisions are always reasoned, authoritative and public. A model decision contains the circumstances of a model case, which determine the typical application of substantive law and the procedure for applying such rules by courts and the subject of power, as well as the decisions in exemplary cases substantially optimize, refine and facilitate the judicially procedure in typical cases by a regional courts. Key words: court precedent, model case; a typical case; Supreme Court decision in an exemplary case, source of law.
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Newman, Karl, and Christopher Harding. "III. Competition." International and Comparative Law Quarterly 45, no. 1 (January 1996): 226–30. http://dx.doi.org/10.1017/s0020589300058760.
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In the period covered by this note (early 1994 to the middle of 1995) some signifi cant and interesting judgments have been handed down by the Court of Justice and the Court of First Instance on both substantive and procedural issues of competition law, in particular that of the Court of Justice in the Magill case, which deals with the relationship between Article 86 and intellectual property rights. In the legislative field there is now a group exemption on the operation of liner transport services. As regards general problems of enforcement, the Commission's 1993 Notice on Co-operation between National Courts and the Commission1 has provoked a good deal of discussion and a number of commentators and also the Commission itself are now advocating sharing responsibility for enforcement with national competition authorities rather than relying on the direct effect of Articles 85(1) and 86 being invoked before national courts.2
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Ferro, Gustavo, Carlos A. Romero, and Exequiel Romero-Gómez. "Efficient courts? A frontier performance assessment." Benchmarking: An International Journal 25, no. 9 (November 29, 2018): 3443–58. http://dx.doi.org/10.1108/bij-09-2017-0244.
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Purpose The purpose of this paper is to build performance indicators to assess efficiency for First Instance Federal Courts in Argentina and study the determinants of efficiency in Criminal Instruction Courts. Design/methodology/approach The efficiency scores were determined using data envelopment analysis with a database for the period 2006–2010. Then, a search of the efficiency determinants in the Criminal Instruction Courts was performed. Four output-oriented models were developed based on various explanatory and environmental variables. Findings Workload is an environmental variable that significantly increased the average levels of efficiency. When analyzing explanatory factors of the efficiency levels of the Criminal Instruction Courts, surrogate judges and temporary staff are more efficient on average than tenured judges and staff. Research limitations/implications The method chosen permits flexibility in the analysis. Future research would be interesting to develop the underlying economic model using econometric methods. Practical implications This paper’s contribution is twofold: first, to estimate the relative efficiency for all First Instance Federal Courts in every jurisdiction; and second, to explain the differences in efficiency in the Criminal Instruction Courts. Social implications This study has the potential to greatly impact the discussion of how to structure judicial procedures (from the benchmarking between different branches of Federal justice) and in the design of incentives in a judicial career (e.g. tenured vs temporary judges and clerical employees, the role of seniority of judges and clerical employees and the impact of gender in performance). Originality/value To the authors’ knowledge, this paper is the first scholarly article to measure efficiency in Argentine justice system using mathematical programming and econometric methods. It has academic interest since it advances on the comprehension of the underlying production function of justice service provision. The paper also has social and practical implications since it permits contributing to the institutional design and opens the discussion for further sequels with other methods and complementary purposes.
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Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel, and Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, no. 2 (August 23, 2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
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Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
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Solodkova, Vasilina, Idris Gilmanov, and Muhamat Gilmanov. "Courts of First Instance in Criminal Cases of the Republic of Azerbaijan: Jurisdiction and Simplified Procedure." Journal of History Culture and Art Research 7, no. 4 (November 30, 2018): 266. http://dx.doi.org/10.7596/taksad.v7i4.1844.
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Kleandrov, M., and I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES." BRICS Law Journal 5, no. 2 (July 4, 2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
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This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
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Kovalev, Artem Aleksandrovich. "Participation of the prosecutor in consideration of civil cases by the courts of appeal." Право и политика, no. 4 (April 2021): 1–9. http://dx.doi.org/10.7256/2454-0706.2021.4.35399.
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The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.
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Račić, Ranka. "Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 558–69. http://dx.doi.org/10.5937/gakv0511558r.
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Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.