Relevant bibliographies by topics / Judicial review, europe

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Judicial review, europe'

Author: Grafiati
Published: 4 June 2021
Last updated: 28 July 2024

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Journal articles on the topic "Judicial review, europe"

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Radovanović, Snežana. "Judicial review: Contemporary approach." Arhiv za pravne i drustvene nauke 118, no. 2 (2023): 73–90. http://dx.doi.org/10.5937/adpn2302073r.

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Contemporary global society is highly polarizated. Minority societes seriously endangere civilised achievements, like principles of democratic society and goverments of law are. Such societies resort to force their decisions breaching, by this, fundamental human rights and civilised achivements, very often. In such circumstances, judicial review gains significance and actuality, as a way to avoid social conflicts and to protect the interests of majority, as well. The institution of judical review has its roots in parliamentary (political) control, but there are opinions that such a control of constitutionality and legality was under strong influence of political parties. The second way of such control, having its roots in political control as well, was highly developed through experience of State Council (administrative court) and Constitutional Council in France, competent for timely control and removal of any kind of illegality before the law has been passed, unlike later control. This is why this kind of control is widely spread all over the Europe and in other legal systems, as well. The third way of control of constitutionality and legality is through the competences of judicial power, by ordinary courts, like in USA, or by special courts (constitutional courts). This way of control is also widely spread due to authority and speciality of the court as an institution, and due to its objectivity, also. Above all, this way of control of constitutionality and legality is guaranteed by citizens ( public), who take part in active evaluation of such a control.
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Dixon, Rosalind. "Responsive Judicial Review in Central & Eastern Europe." Review of Central and East European Law 48, no. 3-4 (2023): 375–402. http://dx.doi.org/10.1163/15730352-bja10093.

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Kosař, David, and Sarah Ouředníčková. "Responsive Judicial Review “Light” in Central and Eastern Europe – A New Sheriff in Town?" Review of Central and East European Law 48, no. 3-4 (2023): 445–72. http://dx.doi.org/10.1163/15730352-bja10091.

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Abstract This article engages with Ros Dixon’s theory of “Responsive Judicial Review” (oup, 2023). It argues that Central and Eastern European jurisdictions with specialized constitutional courts face two major obstacles to engage fully in responsive judicial review – legal formalism and the very fact that constitutional review is centralized into one institution, which discourages pluralistic debates about the constitution and limits the room for dialogue between the constitutional court and other actors. Even the Czech Constitutional Court that meets all three Dixon’s preconditions for courts’ ability to engage in responsive judicial review (judicial independence, political support, and remedial power) and is probably the most Elyan constitutional court in cee faces several obstacles to responsive judging. As a result, its responsiveness has been selective. Nevertheless, although full-fledged responsive judicial review is difficult to achieve in cee countries in the short term, their constitutional courts can, as the Czech Constitutional Court shows, exercise responsive judicial review “light”. We argue that such “light version” of responsive judicial review would still be a great improvement and we provide several proposals how to increase the likelihood that it happens.
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Daiber, Birgit. "Court of Justice of the European Union or European Court of Human Rights – Is There a ‘Supreme Court of Europe’?" ICL Journal 18, no. 1 (2024): 109–26. http://dx.doi.org/10.1515/icl-2023-0037.

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Abstract In Europe, judicial review is not only exercised by courts within the states. Additionally, there are two European Courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). This chapter shows first their respective function with respect to judicial review. In a second step, it put its emphasis on the relationship between them and undertakes to ask whether – with respect to judicial review - one of them can be understood as the ‘Supreme Court of Europe’. It concludes that it is the European Court of Human Rights which can be described as such a ‘Supreme Court’.
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Butler, Andrew S. "Judicial Politics and Policy-Making in Western Europe." Victoria University of Wellington Law Review 24, no. 2 (1994): 231–34. http://dx.doi.org/10.26686/vuwlr.v24i2.6239.

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This article is a book review of Mary L Volcansek (ed) Judicial Politics and Policy-Making in Western Europe (Frank Cass, London, 1992). The book is a collection of ten essays which discuss the point where politics and law intersect in six states of Western Europe (France, the United Kingdom, Germany, Belgium, the Netherlands, and Italy), and in two supranational European bodies (the European Communities, and the European Court of Human Rights). In his review, Butler first considers what the collection as a whole has to offer in terms of conclusions. The main conclusion is that it can no longer be credibly maintained that judges are the mere mouthpieces of the law devoid of a policy-making role. The second part of the review focuses on the individual essays found in the book. Butler concludes that the book is a welcome addition to the growing interest in the issues pertaining to judicial involvement in policy-making.
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Storrow, Richard F. "Judicial review of restrictions on gamete donation in Europe." Reproductive BioMedicine Online 25, no. 7 (2012): 655–59. http://dx.doi.org/10.1016/j.rbmo.2012.07.010.

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POPESCU, Corneliu Liviu. "Controlul judiciar internațional al excluderii unui stat Membru din Consiliul Europei." Analele Universitării din București - Drept, no. 2022 (January 30, 2023): 57–71. http://dx.doi.org/10.31178/aubd.2022.05.

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The exclusion of a Member State from the Council of Europe is an international legal sanction subject to international judicial review, of an indirect nature (with only one exception), carried out either within the Council of Europe (by the European Court of Human Rights and the Administrative Tribunal) or from outside (by the International Court of Justice), both by the contentious function and by the advisory function of the international court (with only one exception). Judicial review never leads directly to the annulment of the exclusion act or to the reinstatement of the State as a Member of the Council of Europe.
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Sadurski, Wojciech. "Judicial Review in Central and Eastern Europe: Rationales or Rationalizations?" Israel Law Review 42, no. 3 (2009): 500–527. http://dx.doi.org/10.1017/s0021223700000704.

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Constitutional judicial review in Central and Eastern Europe has become an entrenched and powerful factor in the politics and constitutional life of these countries; indeed, it would be impossible to give even a rough account of these new democracies without bringing constitutional courts into the picture. For all their importance and activism, their introduction had not been preceded by any thorough debate concerning the merits and demerits of the model transplanted from Western Europe—especially, from Germany—and the developing jurisprudence of the courts was strangely silent about the grounds and the limits of the courts ‘legitimacy, especially when replacing parliamentary choices on rights implicating matters with the courts’ own views about the proper articulation of vague rights-provisions. This Article explores some of the reasons and consequences of this silence.
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Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16130.

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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.
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Gerards, Janneke. "Moving Away from Open Judicial Balancing Review." Law & Practice of International Courts and Tribunals 22, no. 2 (2023): 365–83. http://dx.doi.org/10.1163/15718034-bja10096.

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Abstract The Covid-19 pandemic truly has been called a global crisis. To fight the spread of the virus, many States have introduced measures that seriously restrict or affect fundamental rights, ranging from procedural rights to the freedom of movement and the right to personal autonomy. In Europe, it is to be expected that many cases concerning such rights infringements eventually will come before the European Court of Human Rights (ECtHR). This contribution aims to give an insight into how the Court will likely give shape to its proportionality test in such cases. It thereby predicts that open balancing review – for which the ECtHR is famous – will play a much less important role than methods of reasoning by analogy and procedural review.
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Dissertations / Theses on the topic "Judicial review, europe"

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Corkin, Nicola Christine. "Developments in abstract judicial review in Germany, Austria and Italy." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/2835/.

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This thesis investigates the reasons for the change in decision-making patterns in abstract judicial review in Germany, Italy and Austria in the last three decades. The literature on constitutional courts suggests that there are six factors influencing the decision-making of a constitutional court judge: personal political attitudes of the judges, direct influence by political institutions, Black Letter of the Law, Precedent, changes in public opinion and the harmonisation of national law with European law. The empirical data shows that throughout the last three decades the conditions in which legislation is formulated has become more complex through the harmonisation of national law with European Law. This causes the courts to react in three distinct ways: 1. The style of decisions is more interpretative 2. More laws are, at least in part, found unconstitutional 3. The pattern of decisions is leaning towards more unconstitutionality rulings so as to clarify the political framework for future legislation. Worry is expressed by the courts that not all the cases reaching them are referred to them in good intention. Politicians are increasingly using the complexity of the political system to refer cases to the courts on which they would prefer not to take a decision.
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Fischer, de Toledo Alexandre M. "The rule of law in Europe : a substantive approach to judicial review." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-121046.

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Jonsson, Anna. "Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective." Doctoral thesis, Uppsala : Faculty of Law & Department of East European Studies, Uppsala University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-5811.

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Valderas, Ana-Sofia. "Climate change law and litigation in Sweden with scenarios from Europe : Possibilities for members of the public to challenge the state's responsibility for climate change through litigation." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384955.

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The Swedish government is legally obliged to conduct climate policy work that will protect nature and humanity from the harmful effects of climate change. Obligations related to the environment arise under Swedish domestic law, European law and international law. This thesis investigates the possibilities for the Swedish public to initiate climate change litigation against the Swedish government due to insufficient climate actions. I examine three climate change litigation approaches from selected jurisdictions, including Germany, the Netherlands, Norway and the United Kingdom. By transposing the three litigation approaches into the Swedish legal order I seek to discuss the possibilities for the public to challenge the Swedish state's responsibility in climate matters. This thesis claims that the possibilities for the concerned public to address climate change are restricted. International obligations derived from the European Convention on Human Rights and the Aarhus Convention have given individuals substantive rights and procedural rights in matters related to the environment. However, the implementation of the international obligations are not always enshrined in the national law.
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Creally, E. P. "Judicial review of safeguard measures in the European Community." Thesis, University of Edinburgh, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645128.

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This thesis is an attempt to analyse the jurisprudence of the European Court of Justice in the review of safeguard measures in the European Community. The safeguard measures considered are the Community's anti-dumping and anti-subsidy rules under Regulation 2423/88, safeguard measures under Regulation 288/82 and rules to combat illicit commercial practices under Regulation 2641/84. These instruments are part of the European Community's arsenal designed to counteract unfair trade practices of Third Countries. Emphasis is placed on the anti-dumping rules given that the measures imposing anti-dumping duties are most frequently challenged before the Court. The thesis begins with a synopsis of the Community's competence to deal exclusively with these matters. The respective roles of the Community authorities and the Member States in the adoption of protective measures is also considered. In order to understand the rationale of the Court's rulings in cases involving safeguard measures each of the instruments are viewed from an international and European perspective. The latter involves an analysis of the Community's legislation with respect to the substantive and procedural rules governing the imposition of protective measures to combat unfair trade practices of Third Countries. Having placed the safeguard measures in their proper perspective, judicical review by the Court is viewed first from the standpoint of an applicant's <i>locus standi</i> or standing to challenge a Community act imposing protective measures. If an applicant has <i>locus standi</i> he may apply to the court for an award of interim measures pending the outcome of the main application. The rules relating to such awards are considered and the Court's rulings in cases involving safeguard measures are analysed. Judicial review 'proper' in the sense of the Court's review of the merits of the cases that have come before it to date are considered in the light of the grounds of review in Article 173 of the EEC Treaty. This final chapter attempts to determine the extent to which the Court is prepared to review the findings of the authorities upon which the measures were adopted.
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Makris, Maria C. "The distinct use and development of administrative law principles by the European Court of Justice." Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240041.

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Nanopoulos, Eva Eustasie Ermina. "Judicial review of anti-terrorism measures in the EU." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610483.

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SETARI, ALICE. "THE STANDARD OF JUDICIAL REVIEW IN EU COMPETITION CASES: THE POSSIBILITY OF INTRODUCING A SYSTEM OF MORE INTENSE OR FULL JUDICIAL REVIEW BY THE EU COURTS." Doctoral thesis, Università degli Studi di Milano, 2014. http://hdl.handle.net/2434/232402.

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The work analyses the characteristics of the ‘limited’ standard of judicial review exercised by the EU Courts in the competition field, its evolution over time, and the main criticisms which have been advanced against its alleged shortcomings, in order to understand whether a system of more intense or full judicial review is necessary and warranted at the EU level.
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Birkeland, Gustav. "Judicial Review of Procedural Acts of the European Public Prosecutor’s Office : A Legal Analysis of Article 42 of the Regulation on the Establishment of the European Public Prosecutor’s Office." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-407927.

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The European Public Prosecutor’s Office (the EPPO), established under enhanced cooperation by a Council Regulation (the Regulation), will be the first supranational criminal law enforcement body in the European Union (the EU) with direct powers visà-vis individuals. It will be responsible for investigating, prosecuting and bringing to judgments the perpetrators of offences against the Union’s financial interests. Measures taken by the EPPO may therefore seriously interfere with fundamental rights of individuals. As the EU is based on the rule of law, an effective judicial review of the acts produced by the EPPO is essential in order to allow individuals to protect their rights and legitimate interests against unlawful and arbitrary decision-making. In accordance with the Treaty framework of judicial review, the main rule in EU law on the division of jurisdiction between national courts of the Member States and the Court of Justice of the European Union (the CJEU) is that acts adopted by Union institutions and bodies are to be reviewed by Union courts, while acts adopted by national institutions and bodies are to be reviewed by the national courts. Although the EPPO is an indivisible Union body, the judicial review of the procedural acts of the EPPO will first and foremost be a task for the national courts according to Article 42 of the Regulation. Since it follows from the hierarchy of norms that secondary law must comply with primary law, this thesis examines whether the system of judicial review of procedural acts of the EPPO, as prescribed in Article 42 of the Regulation, complies with the Treaty framework of judicial review and the right to effective judicial protection enshrined in Article 47 of the Charter of Fundamental rights of the European Union (the Charter). The main finding of the thesis is that the system of judicial review of procedural acts of the EPPO, as prescribed in the Article 42 of the Regulation, does not comply with the Treaty framework of judicial review or the right to effective judicial protection enshrined in Article 47 of the Charter.
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Hönnige, Christoph. "Verfassungsgericht, Regierung und Opposition : die vergleichende Analyse eines Spannungsdreiecks /." Wiesbaden VS, Verl. für Sozialwiss, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2854761&prov=M&dok_var=1&dok_ext=htm.

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Books on the topic "Judicial review, europe"

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Karim, Sam, Justin Leslie, and Patterson Frances. Judicial review: Law & practice. Jordan Publishing, 2015.

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Frances, Patterson, Sam Karim, and Burrows Simon. Judicial review: Law and practice. Jordan Pub., 2011.

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Trevor, Buck, ed. Judicial review and social welfare. Pinter, 1998.

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(Barrister), Weston Amanda, and Bunting Jude, eds. Judicial review: A practical guide. Jordans, 2012.

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Jane, Kenney Sally, Reisinger William M. 1957-, and Reitz John C, eds. Constitutional dialogues in comparative perspective. St. Martin's Press, 1999.

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Berg, Piers Von. Criminal judicial review: A practioner's guide to judicial review in the criminal justice system and related areas. Hart Publishing, 2014.

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Bleschick, Sascha. Die Revisionszulassungsgründe des [Paragraphen] 115 Abs. 2 Nr. 1 und 2 FGO im Spannungsverhältnis zwischen Individualrechtsschutz und Allgemeininteresse. P. Lang, 2012.

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Vorbeugender Rechtsschutz gegen Normen. P. Lang, 1994.

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Procházka, Radoslav. Mission accomplished: On founding constitutional adjudication in Central Europe. Central European University Press, 2002.

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Ward, Angela. Judicial review and the rights of private parties in EU law. 2nd ed. Oxford University Press, 2007.

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Book chapters on the topic "Judicial review, europe"

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Pócza, Kálmán, Márton Csapodi, Gábor Dobos, and Attila Gyulai. "Constitutional review and judicial-legislative relations in established democracies." In Constitutional Review in Western Europe. Routledge, 2024. http://dx.doi.org/10.4324/9781003399490-1.

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Day, Carol. "Judicial Review and nature cases in the UK." In Nature Law and Policy in Europe. Routledge, 2023. http://dx.doi.org/10.4324/9780429299100-8.

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Pócza, Kálmán, Márton Csapodi, Gábor Dobos, and Attila Gyulai. "Constitutional review and judicial-legislative relations in new democracies." In Constitutional Review in Central and Eastern Europe. Routledge, 2023. http://dx.doi.org/10.4324/9781003399483-1.

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de Werd, Marc. "“Sentimento do Mundo” – On the Endless Battle for a Justice System." In Rule of Law in Europe. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-61265-7_3.

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AbstractIn the summer of 1787, New Yorkers were about to ratify a constitution for the US. In a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788 urged New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787. The essays (commonly referred to as the Federalist Papers) were published anonymously, under the pen name “Publius,” in various New York state newspapers of the time. On May 28, 1788, Alexander Hamilton published Federalist 78, titled “The Judicial Department.” In this famous essay, he offered a powerful defense of judicial review. Hamilton argued that only a federal judge could guarantee constitutional rights and provide an effective check on state power. At the same time, Hamilton had to convince his political opponents that the unelected judiciary would never dominate the other branches of government. Drawing on the ideas of Montesquieu, he deliberately portrayed the judiciary as “the least dangerous branch of government”. A branch that is inherently weak because it can control neither the country’s financial resources nor the army.
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Sunnqvist, Martin. "The Changing Role of Nordic Courts." In Ius Gentium: Comparative Perspectives on Law and Justice. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_10.

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AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.
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Shaw, Josephine. "The Judicial Review of Community Action." In European Community Law. Macmillan Education UK, 1993. http://dx.doi.org/10.1007/978-1-349-13078-8_9.

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Shaw, Jo. "Judicial Review of the Acts of the Institutions." In Law of the European Union. Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-14127-2_12.

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Chiti, Mario P. "Judicial Review of Administrative Action: Europe and Latin America." In Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0020.

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This chapter provides a comparison of the discipline of judicial review of administrative action in Latin America and in Europe. In terms of judicial review in Latin America, international organizations did not exercise an 'integrative influence' as the Council of Europe and the European Union did in Europe. It may be said that the relative homogeneity of the systems of judicial review in Latin America is mainly the result of the cultural polity formed by many states resulting from the disintegration of the Spanish and Portuguese domains. The chapter then considers the main points of the general part of Professor Brewer-Carias's report on the discipline of judicial review of administrative action in Latin America, which shows a situation very similar to the European one. These include the nature of judicial review; administrative procedure and judicial review; procedural infringements; administrative appeals; monism and dualism; and judicial proceedings.
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Mir, Oriol. "Administrative Procedure and Judicial Review in Spain." In Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0013.

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This chapter discusses administrative procedure and judicial review in Spain. The Spanish Constitution of 1978 (CE) devotes two central provisions to judicial review of administrative action. Article 106(1) CE, located in Part IV on government and administration, establishes that 'The Courts control the power to issue regulations and to ensure that the rule of law prevails in administrative action, as well as to ensure that the latter is subordinated to the ends which justify it'. On the other hand, Article 24(1) CE enshrines the fundamental right to effective judicial protection, which also includes protection against administrative action: 'Every person has the right to obtain the effective protection of the judges and the courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended'. Judicial review is usually performed by specific courts fully integrated into the judiciary, the so-called jurisdicción contencioso-administrativa (administrative jurisdiction), competent to review administrative action subject to Spanish administrative law.
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Ziller, Jacques. "European Union Member States and Other European Countries." In Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0019.

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This chapter focuses on the relevance of a distinction between European Union (EU) Member States on the one hand and non-EU member states on the other when trying to identify the common core of the law regarding judicial review of administrations in Europe. It begins by looking at how EU membership impacts on the issues of substance and process in the Member States' laws of judicial review of administration. The chapter then considers how the differences and similarities between EU Member States can be interpreted. It also studies the cases of Switzerland and Ukraine in greater detail. There is very little commonality between Ukraine and Switzerland, apart from the fact that both countries are Members of the Council of Europe (CoE) and thus parties to the European Convention on Human Rights (ECHR), and that they are not members of the EU, which might be an especially good reason to compare them.
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Conference papers on the topic "Judicial review, europe"

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Kurapka, Vidmantas Egidijus, Henryk Malewsky, Rolandas Kriksciunas, and Ilona Tamele. "MIGRATION PROCESSES AND THEIR IMPACT ON CRIME." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s02.012.

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The article analyses the relationship between the migration process and crime, revealing European realities and future prospects. The specific nature of the phenomena under analysis means that the data required for a comprehensive analysis of the problem are not readily available, and the registered statistics do not reflect the real situation. a review of academic sources, statistical data, and empirical research, the paper identifies the factors that shape migration processes and crime. Empirical studies have confirmed the conclusion that many researchers have arrived at, i.e., that economic factors are of particular importance in migration processes. Security and justice are areas where the European Union as a whole can do more to protect its citizens than any country individually. To combat terrorism, organised crime, drug and human trafficking, and irregular migration, the European Union has developed interagency cooperation (police, customs, and judiciary authorities), which is now part of the common rules binding on all Member States. The paper aims to identify the areas of irregular migration facing the most crimes and provide recommendations on managing migration processes to reduce crime in Europe, thus creating a safer criminogenic situation.
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Majić, Helena, and Ljerka Mintas Hodak. "PRELIMINARY REFERENCE PROCEDURE AND THE SCOPE OF JUDICIAL REVIEW OF THE EUROPEAN COURT OF HUMAN RIGHTS." In EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2019. http://dx.doi.org/10.25234/eclic/8989.

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Eliášová, Silvia. "Jurisdiction and Enforcement after Brexit under Withdrawal Agreement." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-1.

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This paper focuses on the issue of international jurisdiction and enforcement of foreign judgements after Brexit basically until the end of transition period (to 31 December 2020) according to the Withdrawal Agreement, with possible next legal regime. The withdrawal of United Kingdom from the European Union is undoubtedly a significant interference with existing European law. What dimension it takes depends, in particular, on the question of whether or not to complete a comprehensive agreement between the EU and the UK that would establish and direct the future partnership and cooperation in all relevant areas. With the aim of contributing to the discussion concerning EU and UK fundamental rules on jurisdiction and enforcement, this paper provides a view of possible questions and solutions immediately after Brexit until end of transition period. The legal regime of judicial proceedings with an international element initiated before Brexit or during transition period is still relevant under these pre-Brexit rules or Withdrawal Agreement rules. The same situation is with regard to judgements delivered before 31 December 2021. This contribution shall review the state of play immediately after Brexit under Withdrawal Agreement concerning “separation” of EU fundamental rules on jurisdiction and enforcement.
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Novokmet, Ante, Zvonimir Tomičić, and Ivan Vidaković. "FACIAL RECOGNITION TECHNOLOGY IN EU CRIMINAL JUSTICE - HUMAN RIGHTS IMPLICATIONS AND CHALLENGES." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27461.

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This paper considers the legal justification for the application of various advanced systems of facial recognition technology for the purpose of initiating and conducting criminal proceedings. Therefore, the theoretical foundations and minimum European standards are first analyzed as a basis for the deployment of various facial recognition technology (hereinafter: FRT) systems in practice of law enforcement agencies. Then the legislative framework of selected European countries that have already established certain forms of FRT in criminal proceedings are presented. The experiences and legal consequences of the application of such systems are analyzed, and the first decisions of the judiciary on the admissibility of the results of actions and measures based on FRT as evidence in criminal proceedings are presented. Finally, the existing normative solutions are critically reviewed and, based on common European standards established to protect citizens from the repressive power of state bodies, the minimum conditions that must be met in order to harmonize the use of FRT with the basic principles of contemporary European criminal proceedings are proposed.
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Petrašević, Tunjica, and Paula Poretti. "THE ‘POLLUTER PAYS’ PRINCIPLE: THE CROATIAN EXPERIENCE." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22408.

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The ‘polluter pays’ principle (PPP) is one of the four tenets of the European Union’s (EU) environmental policy. Where the PPP is successfully applied, the polluter bears the cost of pollution, including the cost of prevention, control, and removal of pollution, as well as the cost it causes for the society and the respective population. The PPP is to discourage polluters from environmental pollution by holding them liable for the pollution by means of having the polluters, and not the taxpayers, bear the remediation cost. This paper juxtaposes the application of the PPP in the case law of the Court of Justice of the European Union and Croatian jurisprudence. Following an overview of the PPP in EU law, the paper briefly reviews two CJEU cases (Van de Walle and Erika) that concern the question of whether liability for incidental pollution is attachable to both the manufacturer of dangerous material and the polluter. Next, the paper examines the application of the PPP in the Croatian judiciary, where – contrary to the EU environmental policy – the remediation cost being borne by the taxpayers is seemingly the norm (especially where the polluter cannot bear the remediation cost due to insolvency).
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Reports on the topic "Judicial review, europe"

1

Brodeur, Abel. Reproduction of 'Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice'. Social Science Reproduction Platform, 2022. http://dx.doi.org/10.48152/ssrp-0eeh-d577.

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