Relevant bibliographies by topics / Enforcement of the court decision

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
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Academic literature on the topic 'Enforcement of the court decision'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 February 2022

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Journal articles on the topic "Enforcement of the court decision"

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Khrystynchenko, Nadiya. "The role of the European Court of Human Rights in ensuring appropriate and effective protection of a fair court in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 82–88. http://dx.doi.org/10.31733/2078-3566-2020-4-82-88.

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The article deals with the study of the practice of the European Court of human rights on liability and control over non-enforcement of court decisions in Ukraine. The study notes the importance of the issue of enforcement of court decisions that have entered into legal force. In particular, it is indicated that such an act falls under the qualification of Article 6 of the convention for the protection of human rights and fundamental freedoms – a violation of the right to a fair trial. The European Court of human rights has repeatedly noted in its decisions the seriousness and scale of this threat to Ukraine. It has been noted that the percentage of enforcement of court decisions has never exceeded 40-45%, and in some years, it has decreased to critical values of 5-10%. The purpose of the article is to analyze the practice of the ECHR on liability and control over non-enforcement of court decisions in Ukraine and provide recommendations for improving this situation. It has been concluded that in Ukraine there is a problem of a persistent recurring nature – excessive length of enforcement or non-enforcement of court decisions, which is a violation of the rights guaranteed by the ECHR to a fair trial and to respect for property. Despite the fact that the ECHR has repeatedly pointed out the execution of a court decision as part of a trial, this position of the ECHR is still not always properly taken into account in Ukraine. Enforcement of a court decision is part of states ' obligations to ensure access to justice under Article 6 of the convention for the protection of human rights and fundamental freedoms. A person who has a court decision against a state or local government body is not required to initiate additional procedures to implement this decision. Unconditional implementation of such a decision should be guaranteed by the state. In order to improve the situation in the area under study, it is advisable to review the current legis-lation that ensures the implementation of court decisions, and continue reforming the civil service. Ap-propriate actions should be carried out in cooperation between the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and other responsible executive authorities. It seems appropriate to create a government commission to improve the work of the state executive service.
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SHERSTIUK, H. М. "ENFORCEMENT OF COURT DECISIONS." Scientific Journal of Public and Private Law 2, no. 4 (2019): 234–40. http://dx.doi.org/10.32844/2618-1258.2019.4-2.44.

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Suhariyanto, Budi. "Masalah Eksekutabilitas Putusan Mahkamah Konstitusi oleh Mahkamah Agung." Jurnal Konstitusi 13, no. 1 (2016): 171. http://dx.doi.org/10.31078/jk1318.

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Normatively constitutional court and supreme of court has on equal position with a different authority. However, there is a relationship of authority and point of contact. Morever, potential to cause disharmony on law enforcement. For example, on implementation of the constitutional court’s decision directly followed by the decision of the supreme court but some others not. The constitutional court’s decision characteristic are final and binding general (erga omnes), at the same level with legislation (negatif legislator), undirectly binding and enforced by the supreme court. Fundamentally, judge at the supreme court and the courts below is not a mouthpiece of the law, therefore it has some authority to interpre the statute (was also againts the decision of the constitutional court) to be applied on cases they handle. Although the judges decision of the supreme court do not decide on the validity and constitutionality of the norm, but through the efforts of the discovery or the interpretation of the law can gives an effect to the law enforcement and the establishment of a progressive and responsive legal reform.
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Wheeler, Caleb H. "Human Rights Enforcement at the Borders." Journal of International Criminal Justice 17, no. 3 (2019): 609–31. http://dx.doi.org/10.1093/jicj/mqz029.

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Abstract In September 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) reached a decision that could profoundly impact accountability for transnational human rights violations. In its decision, the Pre-Trial Chamber found that it has jurisdiction over the crime against humanity of deportation as it relates to the government of Myanmar’s treatment of the Rohingya ethnic group. This decision is remarkable for the fact that Myanmar is not a state party to the Rome Statute and therefore not directly subject to the ICC Statute. The Court circumvented this problem by ruling that a portion of the crime was committed in Bangladesh permitting the exercise of jurisdiction in this matter. This article endeavours to accomplish two goals. First, it analyses the Pre-Trial Chamber’s ruling to determine whether it is in compliance with the Rome Statute and international law. Secondly, it will discuss the ramifications of the decision and consider whether it can act as a partial solution for addressing transnational human rights violations being committed in the territory of non-states parties. The article concludes that the decision itself is open to question, creating a danger that it will be susceptible to challenge. The ICC needs to ensure that these sorts of controversial decisions have a firm legal foundation to better deliver justice to the victims of atrocity crimes, and protect the Court from criticism that it is failing victims.
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Onishchuk, Mykola, and Maryna Samofal. "Declaring the act unconstitutional and extraordinary review of the court decision: problems of law enforcement." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 179–90. http://dx.doi.org/10.33663/10.33663/0869-2491-2021-32-179-190.

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The article considers the problem of the balance between the principle of legal certainty and effective protection of individual rights in court cases, where the trial ended with a final court decision, in light of declaring laws and other acts unconstitutional. The issue of validity of decisions of the Constitutional Court of Ukraine in time is therefore discussed in the article. The authors emphasize Supreme Court statement that the possibility to review a court decision in exceptional circumstances (if it is not executed only) is based on the principle of legal certainty, and the unconstitutionality of the law is important, first of all, as a general decision. It determines the legal position for resolving the following cases, and not as a basis for retrospective application of the new legal position and thus change the state of legal certainty already established by the final court decision. The article points out that declaring the law unconstitutional indicates a mistake on the part of the state and undermines confidence in the court decision. The public interest in eliminating doubts about the legality and validity of a court decision prevails over the public interest, which is manifested in compliance with the principle of legal certainty. It is underlined that the duty of the state is to ensure human rights and freedoms within the framework of the right to judicial protection and fair trial. The purpose of extraordinary procedures for reviewing a court decision is to restore violated constitutional rights and freedoms. Legal provisions on the possibility of reviewing not executed court decisions only, limit the guaranteed right to judicial protection and makes it impossible to implement the decisions of the Constitutional Court of Ukraine. Constitutional complaint is equated to a complaint against the state to the European Court of Human Rights (he ECtHR), as it concerns the application of an unconstitutional law by a court (state). Procedural Codes of Ukraine stipulate that if the ECtHR finds the violation of Ukraine’s international obligations in resolving a case by a court, it is the ground for reviewing a court decision that has entered into force and is final. Therefore, the conclusion is made that the law is inconsecutive. In the light of the principles of the rule of law and responsibility of the state before a person there is a need to change the legislative regulation on review of court decisions in connection with the constitutionality of a law, other legal act or their separate provision, applied (not applied) by the court in the case. It is offered to introduce the institute of circumstances of a substantial and compelling character that influenced the outcome of the case as the ground for reviewing a court decision in exceptional circumstances – declaring the act unconstitutional, to Ukrainian procedural codes.
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Shen, Wei, and Shu Shang. "Tackling Local Protectionism in Enforcing Foreign Arbitral Awards in China: An Empirical Study of the Supreme People's Court's Review Decisions,1995–2015." China Quarterly 241 (September 11, 2019): 144–68. http://dx.doi.org/10.1017/s0305741019001164.

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AbstractIn an effort to fight against local protectionism in court enforcement proceedings, China's Supreme People's Court (SPC) promulgated its “Notice on relevant issues pertaining to the people's court handling foreign and foreign-related arbitration” in 1995. Pursuant to this Notice, all Intermediate People's Courts have to report to the SPC and obtain its approval for any decision not to enforce a foreign or foreign-related arbitral award. However, the effectiveness of this internal reporting mechanism in constraining local protectionism has never been empirically tested. This study is based on 98 publicly available non-enforcement reply opinions rendered by the SPC after lower courts have made and reported preliminary non-enforcement decisions. It analyses whether these non-enforcement decisions show any pattern of local protectionism. Statistical results do not suggest that local protectionism is a major barrier hindering effective enforcement of foreign or foreign-related arbitral awards in China. We therefore contend that this internal reporting system may serve other functions by providing an alternative tool to reinforce judicial oversight in spite of China's weak appellant system. At the same time, the Chinese government seems to rely on this internal reporting system to achieve important policy goals. In this sense, analysing the functionality of this internal reporting system offers insights into this mechanism for top-level judicial control.
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De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.

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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.
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Krupnova, L. V. "COURT DECISIONS ENFORCEMENT: FOREIGN EXPERIENCE." Herald of Zaporizhzhia National University. Jurisprudence 2, no. 4 (2020): 148–53. http://dx.doi.org/10.26661/2616-9444-2020-4.2-21.

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Kravtsov, S. "THE APPEAL OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS AS A FORM OF JUDICAL CONTROL BY NATIONAL COURTS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 8–16. http://dx.doi.org/10.17721/1728-2195/2019/3.110-2.

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The appeal of the international commercial arbitration awards is a major issue in the dispute settlement mechanism for arbitration governed by multilateral conventions, bilateral treaties and national laws, as well as by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Notwithstanding the importance of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, it restricts to a certain extent the scope of legal protection of arbitral awards, as it leaves national courts to challenge them by the way of possible annulment, and national courts when considering petitions for annulment decisions are vested in the power to revoke such decisions. In this respect, the resolution of these issues may raise the issue of the correlation between the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and domestic legislation of the countries in which the relevant decision may be challenged. The specific of the international commercial arbitration decision is that it cannot be appealed to any higher court. However, the absence of any form of control over the arbitral award could lead to the enforcement of such decisions, which, if rendered within the judicial system, would be overturned or modified by a higher court. Therefore, there is an institution for challenging arbitral awards in national courts. Due to the fact that the arbitration award is a form of control by national courts, the regulation of this institution is defined in the legislation of each individual country, and at the international legal level only certain aspects are regulated. These are the European Convention of 1961 and the New York Convention of 1958.
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Law Clinic, Strathmore. "Structural Interdicts for Socio-economic Rights: What the Kenyan Jurisprudence Has Missed." Strathmore Law Review 4, no. 1 (2019): 135–53. http://dx.doi.org/10.52907/slr.v4i1.113.

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The enforcement of socio-economic rights is unique as it necessitates positive action in policy-making and bears budgetary implications. Consequently, to prevent such enforcement from exceeding the scope established by the doctrine of ‘separation of powers’, because policy-making and budgetary allocation are under the executive and legislature respectively, the Kenyan Court of Appeal was hesitant to apply structural interdicts in the case of Kenya Airports Authority v Mitu-Bell Welfare Society & 2 others. This decision has outlawed structural interdicts from the Kenyan jurisprudential landscape and has failed to give a viable alternative judicial approach that should guide subsequent courts in enforcing socio-economic rights. This study looks into the origin and models of structural interdicts so as to analyse and critique this Court of Appeal’s decision by showing how the Court could have applied structural interdicts in the enforcement of socio-economic rights without impinging on the doctrine of separation of powers. This will be achieved through the use of literature review.
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Dissertations / Theses on the topic "Enforcement of the court decision"

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Al-Qahtani, Mutlaq Majed. "Enforcement of international judicial decisions of the International Court of Justice in public international law." Thesis, University of Glasgow, 2003. http://theses.gla.ac.uk/2487/.

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Enforcement of international judicial decisions of the International Court of Justice has suffered serious negligence in public international law. Thus, the first significance of this thesis lies in dearth of the authoritative legal literature on this topic. Bearing in mind the unprecedented increase interest in international dispute settlement which can be explained by the phenomenon of proliferation of international judicial bodies and in the qualitative and quantitative nature· of contentious disputes brought before the ICJ, non-compliance with the judicial decisions of the Court is definitely to increase. This study has explored the problem of non-compliance with and enforcement of the judicial decisions of the ICJ; a problem that now exists beyond any doubt as Chapter 1 of this study exposes. However, enforcement cannot be directly made without some initial and critical scrutiny into the legal foundations of the bindingness and enforceability of these judicial decisions normally the rules of pacta sunt servanda and of res judicata, to which Chapters 2 and 3 are devoted. Similarly, the problem of non-compliance with and enforcement of judicial decisions should not usefully be considered in the abstract. Thus, Chapter 4 elucidates the legal nature and the scope of judicial decisions that are subject to enforcement. Article 94 (2) of the UN. Charter provides no exclusive authority for the Security Council to be the ultimate and sole enforcer of the judicial decisions of the I CJ decisions nor is there a straightforward and independent enforcement means of international obligations especially those derived from international judicial decisions. Hence, this study explores and involves various players and invests various means to establish a network of enforcement mechanisms available to all States regardless of their position in the international community. In so doing, the rest of the thesis is devoted to judicial enforcement and institutional enforcement respectively. Chapter 5 examines judicial enforcement through the ICJ itself, while Chapter 6 examines the role of domestic courts of States in this process. Injured State could also seek institutional enforcement. Chapter 7 examines the role of the United Nations, while Chapters 8 and 9 deal with the role of regional organisations and specialised agencies in this process respectively. Notwithstanding the indispensability of judicial and institutional enforcement, they are not always successful or predictable or independently adequate. They may fail to be effective or incapable of inducing a defaulting State to comply with its international legal obligations under the judgment of the ICl So, proposals have been advanced to mitigate or to contain this problem. These proposals, however, have suffered from a lack of support in law and practice, and thus other alternative recommendations and suggestions are provided in Chapter 10, which presents also the final conclusions of this study.
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Hadravová, Andrea. "Pojetí exekutorských služeb v České republice a jejich porovnání s vybranými státy EU." Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-359903.

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Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Sefzig, Petr. "Institut soukromého soudního exekutora." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-264431.

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This thesis deals with the institute of private distrainor in terms of its position in the Czech legal order. It outlines the history of enforcement process and discusses the powers of the private distrainors in accordance with the relevant laws. The theoretical part describes the functioning of various mechanisms in the enforcement proceedings, with an emphasis on the most common types of acts. In the analytical part it focuses on the changes made in 2015 and further analyzes prepared or discussed changes in enforcement proceedings. Specific problems closely connected with the institute of private bailiff are described and at the same time there are suggested possible solutions to these problems.
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Gil, Nelson E. "Reform in California's Immigration Enforcement and Immigration Court." Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/81.

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According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens in the United States, the rights illegal aliens are granted, the detention facilities where they reside and the immigration courts that ultimately decide their fate. The question that is being asked is whether the current system established works or if reform is needed.
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Obi, Chizoba Uchenna. "Foreign law court enforcement and delays in sovereign debt restructuring." Thesis, University of Glasgow, 2019. http://theses.gla.ac.uk/41015/.

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This thesis seeks to examine contemporary factors that prevent an orderly resolution to a sovereign debt crisis. It comprises of five chapters. The first chapter introduces the research and highlights its main contributions. The second chapter narrates the background and motivation for the study. The third chapter studies a related paper on holdouts in sovereign debt restructuring and finds that, under a discrete time version with two creditors, asymmetric pure strategy Nash equilibria exists. This result, overlooked by the original paper, implies immediate agreement as the time between successive periods tends to zero. The fourth chapter investigates the impact of heterogeneous beliefs on delays in sovereign debt restructuring and finds that parties inefficiently delay settlement when their combined beliefs of court-outcomes are sufficiently heterogeneous. The chapter also explores other model expositions and establishes delay conditions. The fifth chapter studies the implied duty on the debtor to act in good faith in sovereign debt restructuring and is divided into two parts. The first part theoretically examines the efficiency and distributional impacts from enforcing a good faith duty on the debtor when bargaining with heterogeneous creditors. Here, good faith is defined as the non-violation of the court interpretation of the pari passu clause. The second part identifies judicial attempts made to enforce the good faith debtor duty to negotiate and proposes a doctrinal threshold that restricts judicial intervention to situations in which there is clear evidence of a failure, on the part of the debtor, to negotiate in good faith.
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Rastan, Rod A. "Closing the enforcement gap : the International Criminal Court and national authorities." Thesis, London School of Economics and Political Science (University of London), 2006. http://etheses.lse.ac.uk/1924/.

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The disparity between norms and their enforcement is a recurrent theme in international law. An examination of theory and practice undertaken in the first part of the research reviews national, internationalised/hybrid and international judicial processes. This identifies both normative and structural weakness in the existent system for the enforcement of international criminal law. The second half of the study compares the relationship that is established between the International Criminal Court and national authorities with previous models to determine whether the Rome Statute promises heightened prospects for actual enforcement. The study suggests that the reliance of the ICC on the support of national authorities will result in a persistence of enforcement gaps in the compliance levels of States with their pre-existing duty to prosecute crimes; in the ability of the Court to secure enforcement of its requests and orders; and in the own Court's operational capacity. Evidence suggests, nonetheless, that the ICC is also helping to close enforcement gaps. At the national level, in particular, because of the Court's jurisdictional and admissibility regime, the ICC is altering incentive structures for national authorities and profoundly altering State behaviour. This has been driven primarily by the desire of States to limit admissibility challenges to domestic jurisdiction based on legislative inconsistencies or domestic inaction. The research shows that the successful closing of enforcement gaps will require the close and effective interaction of national and international jurisdictions. For the treaty signed in Rome is not just about a Court, it is about a system; a global system based on national States. Without national authorities, the ICC will be unable to act. But also conversely, without the catalytic presence of the ICC, it is unlikely that national authorities would be willing to act. As such, the ICC Statute acts as both a standard setting instrument and a compliance-inducing mechanism.
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Anthony, Larry. "Police Culture and Decision Making." Thesis, Walden University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10930883.

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<p> Decisions made by street-level police officers during encounters with the public have an immediate and long-lasting effect. Bad choices can cause a loss of trust, respect, and legitimacy for the police in a community and lay a foundation for violent confrontations between officers and citizens. Layers of culture that shape human decisions consist of social and institutional culture, including interactions that shape an individual&rsquo;s culture and beliefs and demographics and technology that affect cultural development. Police culture (which includes these layers of culture and factors like rank, units, and history) shapes attitudes and opinions about communities and people in a police jurisdiction, leading to barriers to officers&rsquo; acceptance of training initiatives to implement new methods of dealing with the public. Understanding police culture is the first step in making positive changes in police decision-making and improving trust, respect, and legitimacy between officers and the community. Acker&rsquo;s theory of social structure social learning provided the theoretical framework for understanding police culture, which could lead to positive changes such as training programs that address police culture&rsquo;s influence on decision-making. A qualitative research method with a phenomenological approach for interviewing officers was used to investigate police culture and how it affects decision-making. Results indicated that officers think of culture as a family or brotherhood and not a culture. The most significant impact on decision-making is experience. These findings can lead to positive social change by making officers stakeholders in developing training in positive social relationships with the community. </p><p>
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Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.

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Uttaro, Michael T. "Naturalistic Decision-Making in Law Enforcement Practice — Exploring The Process." Diss., Virginia Tech, 2002. http://hdl.handle.net/10919/26739.

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This research explored the process by which several experienced and successful law enforcement officials arrive at the most effective method of decision-making. It draws from traditional decision theory models, but uses the naturalistic decision-making (NDM) paradigm as its guide. Studies framed by the NDM model have included fighter and commercial pilots, health care professionals, battle commanders, and others. Missing, however, are studies of law-enforcement officers making judgments and decisions under operational conditions. This examination utilized qualitative case study methods of participant observation and focused interviews to collect data and followed Lincoln and Guba's case study structure by identifying the problem, the context, the issues, and the lessons learned. Coding and analysis of the data conformed to the model initially outlined by Strauss (1987) and later redefined by Corbin and Strauss (1990), including open coding, axial coding, and selective coding. The findings on the decision-making/judgments processes of three experienced law enforcement officials revealed that each officer strived to control the impending event utilizing a number of rational and intuitive processes. One practice was scanning for detail embedded in the situation and utilizing this information for subsequent development of a cognitive map. Additionally, all the officers pursued a comprehensive preparation phase that consisted of the creation of worst-case scenarios and planning tactics to effectively respond to these cases. When decision-making was required, the information available through the scanning process and the preparation phases acted as the foundation for the development of the cognitive map that led each officer to successful resolution of their respective cases. This study concluded with areas requiring further research and made recommendation that seek to improve police training practices.<br>Ph. D.
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Sweeney, James Anthony. "Margins of appreciation, cultural relativity and the European Court of Human Rights." Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:3557.

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This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.
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Books on the topic "Enforcement of the court decision"

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Contemporary criminal procedure: Court decisions for law enforcement. LexisNexis, 2011.

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Holtz, Larry E. Contemporary criminal procedure: Court decisions for law enforcement. LexisNexis/Gould Publications, 2008.

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Holtz, Larry E. Contemporary criminal procedure: Court decisions for law enforcement. LexisNexis/Gould Publications, 2008.

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Holtz, Larry E. Contemporary criminal procedure: Court decisions for law enforcement. 5th ed. Gould Publications, 1997.

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Office, General Accounting. Immigration enforcement: Better data and controls are needed to assure consistency with the Supreme Court decision on long-term alien detention : report to congressional requesters. U.S. General Accounting Office, 2004.

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United States. Congress. House. Committee on Interior and Insular Affairs. The Duro decision: Criminal misdemeanor jurisdiction in Indian country : hearing before the Committee on Interior and Insular Affairs, House of Representatives, One Hundred Second Congress, first session, on H.R. 972, to make permanent the legislative reinstatement, following the decision of Duro against Reina (58 U.S.L.W. 4643, May 29, 1990), of the power of Indian Tribes to exercise criminal jurisdiction over Indians : hearing held in Washington, DC, April 11, 1991. U.S. G.P.O., 1991.

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U.S. Customs Service. Office of Enforcement. Office of Enforcement: Organizational decision making. U.S. Customs Service, 1992.

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U.S. Customs Service. Office of Enforcement. Office of Enforcement: Organizational decision making. U.S. Customs Service, 1992.

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U.S. Customs Service. Office of Enforcement. Office of Enforcement: Organizational decision making. U.S. Customs Service, 1992.

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Burynin, Sergey, Sergey Valov, Yuriy Cvetkov, and Aleksandr Savos'kin. Reception of citizens and consideration of appeals in investigative bodies. INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1088243.

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In the monograph, based on the achievements of the theory of constitutional law, criminal procedure and administrative law, extensive regulations, decisions of the constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of General jurisdiction and enforcement practices and the results of their research presented the main aspects of organizing and conducting the reception of citizens, consideration of complaints in the investigative agencies of the Investigative Committee of the Russian Federation, Ministry of internal Affairs of Russia and FSB of Russia.&#x0D; &#x0D; It is intended for managers and employees of investigative bodies, and can also be useful to employees and employees of other state and local government bodies that are authorized to receive citizens and consider appeals, as well as specialists in state and municipal management.
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Book chapters on the topic "Enforcement of the court decision"

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Bungenberg, Marc, and August Reinisch. "Recognition and Enforcement of Decisions." In From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-01189-5_7.

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Bungenberg, Marc, and August Reinisch. "Recognition and Enforcement of Decisions." In From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court. Springer Berlin Heidelberg, 2019. http://dx.doi.org/10.1007/978-3-662-59732-3_7.

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Bungenberg, Marc, and Anna M. Holzer. "Potential Enforcement Mechanisms for Decisions of a Multilateral Investment Court." In Permanent Investment Courts. Springer International Publishing, 2020. http://dx.doi.org/10.1007/8165_2020_48.

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Slašťan, Miroslav. "Recent Developments in European Private International Law under Case Law of the Court of Justice." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century. Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-14.

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Within the context of the subject of the Private International Law Section, the contribution identifies selected recent judgments of the Court of Justice of the European Union, which indicate further developments in this area of law. The contribution will focus on the provisions for determining international jurisdiction as well as the recognition and enforcement of foreign decisions.
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Mehde, Veith. "Control and Accountability: Administrative Courts and Courts of Audit." In Public Administration in Germany. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_12.

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AbstractThe control of the administration by administrative courts follows very particular rules. Two elements of the German system stand out: first, the intensive type of control which makes the scope for independent administrative decision-making an exception. Second, the quite strict restrictions on locus standi. The development of administrative law by the courts and its application by the administration are an elementary part of the German legalistic tradition. The courts of audit at all levels of government also play an independent role. They can control the proper as well as the efficient use of funds from the respective budgets. While there is no enforcement mechanism, the publication of the findings certainly leads to pressure to comply.
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Xiang, Guohui. "Henan Shenquanzhiyuan Industrial Development Co., Ltd., and Zhao X v. Ruzhou Boyi Sightseeing and Medical Theme Park Development Co., Ltd., Yan X, etc. (Supervision on Enforcement of the Decision on Private Lending Dispute): Balance and Protection of Parties’ Interests in Paying-a-debt-in-kind-assets Cases." In Library of Selected Cases from the Chinese Court. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-9136-5_30.

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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Waltman, Jerold. "The Supreme Court Decision." In Congress, the Supreme Court, and Religious Liberty. Palgrave Macmillan US, 2013. http://dx.doi.org/10.1057/9781137300645_7.

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Thomas, John W. "Court Decision (ASD Related)." In Encyclopedia of Autism Spectrum Disorders. Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4419-1698-3_1927.

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Thomas, John W. "Court Decision (ASD Related)." In Encyclopedia of Autism Spectrum Disorders. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-319-91280-6_1927.

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Conference papers on the topic "Enforcement of the court decision"

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Susianty, Eny, and Eny Suastuti. "Law Enforcement of Confidentiality Children's Indentity in Court Decision." In Proceedings of the International Conference on Social Science 2019 (ICSS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icss-19.2019.137.

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Solihin, Firdaus, and Indra Budi. "Recording of Law Enforcement Based on Court Decision Document Using Rule-based Information Extraction." In 2018 International Conference on Advanced Computer Science and Information Systems (ICACSIS). IEEE, 2018. http://dx.doi.org/10.1109/icacsis.2018.8618187.

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Скворцова, Татьяна Александровна, and Виктория Юрьевна Деняк. "ON THE ISSUE OF RECOGNITION AND ENFORCEMENT OF COURT DECISIONS OF A FOREIGN STATE IN THE RUSSIAN FEDERATION." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Январь 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt189.2021.88.26.004.

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В статье рассматриваются правовые проблемы признания и принудительного исполнения решений иностранных судов в Российской Федерации. Проанализированы подходы ученых и практики по вопросам признания и исполнения иностранных судебных решений. Сделан вывод о необходимости присоединения нашей страны к Конвенции о признании и приведении в исполнение иностранных судебных решений по гражданским или торговым делам 2019 года. The article deals with the legal problems of recognition and enforcement of decisions of foreign courts in the Russian Federation. The approaches of scientists and practitioners on the recognition and enforcement of foreign judgments are analyzed. It is concluded that it is necessary for our country to join the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Cases of 2019.
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Suparto, Suparto, and Ellydar Chaidir. "The Constitutional Court Decision Regarding Disputes of Legislative Election; from a Progressive Law Enforcement to the Recognition of Customary Law Communities in Democracy." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.42.

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Koshelev, Anton, and Ekaterina Rusakova. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.

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A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.
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Kornilova, Alexandra Evgenyevna. "Court order: improvement of legislation and law-enforcement practice." In IX International Research-to-practice Conference. TSNS Interaktiv Plus, 2016. http://dx.doi.org/10.21661/r-112822.

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S.H., M.H, Dr Hamidah, and Dr Fajar S.H., M.H. "Contempt of Court in the Perspective of Criminal Law Enforcement." In Proceedings of the 1st International Conference on Social Science, Humanities, Education and Society Development, ICONS 2020, 30 November, Tegal, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.30-11-2020.2303749.

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Abustan, Hamdan Azhar Siregar, and Otom Mustomi. "Constitutional Court as the Guard of Enforcement Constitution: Is It Challenging?" In International Conference on Law Reform (INCLAR 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.032.

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Dung, Luong Thi Kim, and Nguyen Viet Ha. "Enforcement of International Court of Arbitration in Maritime Field in Vietnam." In XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200321.109.

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Mazurkevich, M. K. "Recognition of persons interdependent by court decision." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/lj-11-2018-69.

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Reports on the topic "Enforcement of the court decision"

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Ella Norman, Ella Norman. How does the SFFA v. Harvard federal court case decision affect perceived norms? Experiment, 2019. http://dx.doi.org/10.18258/12615.

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Winkler-Portmann, Simon. Umsetzung einer wirksamen Compliance in globalen Lieferketten am Beispiel der Anforderungen aus der europäischen Chemikalien-Regulierung an die Automobilindustrie. Sonderforschungsgruppe Institutionenanalyse, 2020. http://dx.doi.org/10.46850/sofia.9783941627796.

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This publication based on a master thesis explores the challenges of the automotive industry regarding the European chemical regulations REACH and CLP, as well as potential improvements of the current compliance activities and the related incentives and barriers. It answers the research question: "To what extent should the compliance activities of actors in the automotive supply chain be extended in order to meet the requirements of European chemicals regulation; and where would it help to strengthen incentives in enforcement and the legal framework?“. The study’s structure is based on the transdisciplinary delta analysis of the Society for Institutional Analysis at the Darmstadt University of Applied Sciences. It compares the target state of the legal requirements and the requirements for corresponding compliance with the actual state of the actual compliance measures of the automotive players and attempts to identify their weak points (the delta). The main sources for the analysis are the legal texts and relevant court decisions as well as guideline-based expert interviews with automotive players based on Gläser &amp; Laudel. As objects of the analysis, there are in addition answers to random enquiries according to Article 33 (2) REACH as well as the recommendations and guidelines of the industry associations. The analysis identifies the transmission of material information in the supply chain as a key problem. The global database system used for this purpose, the IMDS, shows gaps in the framework conditions. This results in compliance risk due to the dynamically developing regulation. In addition, the study identifies an incompliance of the investigated automobile manufacturers with regard to Art. 33 REACH. In answering the research question, the study recommends solutions to the automotive players that extend the current compliance activities. In addition, it offers tables and process flow diagrams, which structure the duties and required compliance measures and may serve as basic audit criteria. The analysis is carried out from an external perspective and looks at the entire industry. It therefore cannot cover all the individual peculiarities of each automotive player. As a result, the identified gaps serve only as indications for possible further compliance risks.
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Ollivant, Douglas A. Rapid, Decisive or Effective? The Applicability of Rapid Decision Operations in the Enforcement of the Bush Doctrine. Defense Technical Information Center, 2004. http://dx.doi.org/10.21236/ada427379.

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Gostin, Lawrence. The Future of the Affordable Care Act is a Social and Political Decision That Should Not be Decided by Unelected Supreme Court Justices. Milbank Memorial Fund, 2021. http://dx.doi.org/10.1599/mqop.2021.0428.

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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use &amp; Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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