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1
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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Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.
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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immunity incompatible with the Rule of Law. The third part is about the developments in Latin America up to the present day, jurisdictional review (judicial and non-judicial) of administrative decisions not only in terms of their formal legality but, above all, their substantive legality, i.e., a review of the content of the administrative decisions, including the discretionary administrative powers and margin of administrative appreciation. The fourth topic, the due process clause, influenced by the USA, is discussed in the context of Latin American information access law, in comparison with the Continental European tradition of administrative law. The fifth and final point concerns the models of jurisdictional review of decisions on information access within the sphere of the OAS (Organization of American States) and Latin American countries. Among other conclusions, the author states that the search for an effective information access system that does not necessarily depend on opting for a model already established in Brazil, Latin America, the USA or Europe; what is of fundamental importance is to provide the interested parties with access to a fair trial guaranteeing their right to information access except in cases in which secrecy is necessary and justified according to the international human rights criteria.
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Brzezinski, Mark F. "The Emergence of Judicial Review in Eastern Europe: The Case of Poland." American Journal of Comparative Law 41, no. 2 (1993): 153. http://dx.doi.org/10.2307/840716.
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Sweet, Alec Stone. "Why Europe Rejected American Judicial Review: And Why It May Not Matter." Michigan Law Review 101, no. 8 (2003): 2744. http://dx.doi.org/10.2307/3595394.
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Rozsnyai, Krisztina F. "Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure." Central European Public Administration Review 17, no. 1 (2019): 7–24. http://dx.doi.org/10.17573/cepar.2019.1.01.
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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administration and the judiciary. To concretise these tendencies, the article analyses some relevant solutions given by the very new code on administrative court procedures, the Hungarian Act No. I of 2017. The most important elements of the regulation of procedures for judicial review of administrative action are provided in a dogmatic and a comparative perspective showing the changes of rules and/or their interpretation through the judiciary. Thus, also important challenges regarding the present understanding of the doctrine of separation of powers are emphasised. The most important elements of the new Hungarian regulation are presented in a coherent system, which also gives insight on the codificational considerations. Moreover, the legislation and jurisprudence must deal with the highlighted aspects in any national and EU legal systems alike.
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Sopilnyk, Rostyslav, and Juliusz Piwowarski. "Access to a genuinely independent and impartial trial: a review of the sixteenth sustainability goal completeness." Law, Business and Sustainability Herald 1, no. 1 (2021): 43–53. http://dx.doi.org/10.46489/lbsh.2021-1-1-5.
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The sixteenth sustainability goal is about equality in access to justice. However, according to some events in Eastern Europe, access is insufficient. The court must be genuinely independent and impartial. In this regard, we decided to find arguments in favour of expanding the sixteenth sustainability goal. A review of the sources and a theoretical study indicated a clear link between judicial independence and sustainable development. We used the method of doctrinal research. ECtHR cases have become our data for qualitative analysis. We have reaffirmed that judicial independence is the condition of the rule of law. It means conduction of proceedings without any pressure or interference on a judge, particularly from other branches of government. We argue that the entire independence of the judiciary appears on the background of the subjective and objective independence of the judge. In addition, this study demonstrates that judicial independence is a condition for sustainable development. It is associated with public trust and public confidence in the reality of such independence. In the example of equality of parties, we pointed out that there is no need to detail the sixteenth goal further. With our study, we wish to breathe new energy into the sixteenth goal of sustainable development
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Matić Bošković, Marina. "COURT PERFORMANCE MANAGMENT AS PART OF JUDICIAL ACCOUNTABILITY." Strani pravni život 61, no. 2 (2017): 77–92. http://dx.doi.org/10.56461/spz17205m.
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In this paper, author provides overview of the importance of monitoring judicial performance, as well as development of approach that judicial independence includes accountability of the judicial system for achieved results. Monitoring and evaluation of judicial performance from the aspects of efficiency, quality and access to justice is relatively new trend that is gradually developed and enhanced, as a request of society and citizens for rational budget execution. Author analysed different models of judicial performance measurement that are developed at the national level (United States of America and the Netherlands), as well as within regional organizations such as Council of Europe (European Commission for the Efficiency of Justice) and European Union (EU Justice Scoreboard). Separate chapters are devoted to Rule of Law Index and judicial functional review methodology. Author presented positive experience of Serbian justice system and introduction of rewards program for achieved performance results.
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Gruev, Ivo. "Responsive Judicial Review in Kelsenian Constitutional Courts: The Impeding Effects of Limited Standing and Formalism." Review of Central and East European Law 48, no. 3-4 (2023): 426–44. http://dx.doi.org/10.1163/15730352-bja10085.
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Abstract This paper is concerned with the question of whether constitutional systems that have adopted the centralised, “Kelsenian”, model of judicial review, which is prevalent in Eastern Europe, can engage in “responsive judicial review” (Dixon, 2023). It focuses on two features that can be associated with the constitutional courts created in this region after the end of communism, which, the paper argues, can significantly hamper their capacity to identify and counter democratic blockages. These are: (1) their limited standing rules that prioritise the access of political bodies to constitutional courts, and (2) the latter’s commitment to formalism, which can prevent judges from engaging with the structural and contextual issues that are causing a democratic blockage.
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Koumoutzis, Nikos. "Judicial Review of Mufti Decisions Applying Islamic Family Law in Greece." Laws 12, no. 3 (2023): 58. http://dx.doi.org/10.3390/laws12030058.
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Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review.
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Rahman, Sharifa Sayma. "PATENTS AND GENETIC ENGINEERING TECHNOLOGIES: A REVIEW OF JUDICIAL DECISIONS." IIUM Law Journal 29, no. 2 (2021): 147–70. http://dx.doi.org/10.31436/iiumlj.v29i2.568.
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Different classes of people have raised moral objections on a number of times against granting patents on living organisms. There has been a recent focus on patents partly because the corporate world is only concerned with economic returns and the market prospect of a genetic product. The purpose of this article is to revisit the debate on the patent of genetic engineering technologies and provide partial recommendations on rationalising patent protection while mitigating moral arguments. This article re-examines the intellectual property frameworks as well as case laws regarding biological materials in selected countries i.e., Europe, the United States of America, Australia, Malaysia, and under international agreements such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This article is based on primary as well as secondary materials that have been written on the patent of life forms and genetic research. There is an inconsistency between philosophical principles and the implementation of biotechnology patents due to the existing economic, political, and ideological conditions among countries, along with existing divergences in the field of genetically engineered technologies. Hence, during such circumstances, the most coherent position is to proceed with vigilance as it is not possible to shut down bio-industrialisation. One such vigilant pathway in the presence of contemporary evidence to minimise commercialisation of life science creations. Patents of genetically engineered products should be strictly monitored to fulfil commitment towards international human rights, which is to provide reasonably priced healthcare and medical treatment.
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Wójcicka, Ewa. "Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe." International and Comparative Law Review 16, no. 1 (2016): 111–25. http://dx.doi.org/10.1515/iclr-2016-0008.
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Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.
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Hilal-Harvald, Malthe. "Islam as a Civilizational Threat: Constitutional Identity, Militant Democracy, and Judicial Review in Western Europe." German Law Journal 21, no. 6 (2020): 1228–56. http://dx.doi.org/10.1017/glj.2020.70.
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AbstractMultiple laws and regulations in Western Europe have been enacted on the premise that headscarves and face veils constitute an existential threat to the constitutional identity of the respective legal systems. Thus, the logic of militant democracy as a justification for restricting fundamental rights have been applied in order to restrict the freedom to manifest one’s religion. Yet, the politicymakers claiming to defend the constitutional identity through militant democracy have not been able to prove the existence of a concrete, imminent threat against the state from the women who wear headscarves or face veils. Nonetheless, the European judiciaries have taken the political claim at face value and allowed the restrictions without compelling the political decision-makers to provide substantive justifications. Thus, the cases of headscarves and face veils offer a prism, through which we can study fundamental paradoxes of liberal democracy and constitutionalism.
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Hein, Michael. "Do constitutional entrenchment clauses matter? Constitutional review of constitutional amendments in Europe." International Journal of Constitutional Law 18, no. 1 (2020): 78–110. http://dx.doi.org/10.1093/icon/moaa002.
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Abstract Do constitutional entrenchment clauses matter? And if yes, how? This article examines these questions by analyzing a comprehensive collection of 154 decisions issued by European constitutional and supreme courts from 1945 up to 2016, on the constitutionality of constitutional amendments. The article shows that entrenchment clauses do matter: in the vast majority of decisions studied, the claimants and/or the courts referred to a constitutional entrenchment clause. About one-fourth of these cases resulted in the invalidation of a constitutional amendment, most of which were based on an “eternity clause,” that is, the most extreme type of entrenchment clauses. However, the article also demonstrates that most of these invalidations can be assessed as instances of democracy-adverse judicial activism. The article concludes, therefore, that entrenchment clauses cannot be considered an unambiguous instrument for the protection of democratic constitutionalism.
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Budinska, Barbora. "Judicial review of revocation decisions in the context of European banking supervision." Review of European Administrative Law 12, no. 1 (2019): 175–93. http://dx.doi.org/10.7590/187479819x15656877527241.
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The Single Supervisory Mechanism (SSM), a system centralising banking supervision in Europe, is comprised of the European Central Bank (ECB) and the national competent authorities (NCAs). The paper focuses on a new phenomenon occurring within the SSM, the so-called Top-Down revocations which might require the Court of Justice (Court), while reviewing a decision of the ECB, to also incidentally review a decision of an NCA. The paper first shows that such an incidental review creates a tension between, on the one hand, the principle of legality, thus the Court's obligation to review EU acts and, on the other hand, the principle of EU law autonomy which prohibits situations where EU law depends in its interpretation, validity or application on national law. Second, the paper analyses Court's case law on 'derivative illegality' and argues that the Court's approach adopted there can be carefully applied to Top-Down revocations. Finally, it argues that the Court can review such revocation decisions in three situations: (1) when the review of the revocation decision suffices to determine the unlawfulness of the national measure; and when the lawfulness of the national act can be assessed in the light of (2) EU procedural law; and (3) EU substantive law.
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Montalvo Jääskeläinen, Federico de. "Las claúsulas notwithstanding y override del constitucionalismo canadiense." Teoría y Realidad Constitucional, no. 30 (June 1, 2012): 387. http://dx.doi.org/10.5944/trc.30.2012.7013.
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Tras la Segunda Guerra Mundial, el modelo de democracia constitucional, en virtud del cual, la última palabra acerca de la constitucionalidad de las leyes no podrá recaer ya en el Parlamento, sino en el denominado poder contramayoritario, se ha impuesto en gran parte de los Estados constitucionales, no sólo de Europa, sino del resto del mundo. Incluso, Estados tradicionalmente basados en el principio de supremacía del Parlamento se han visto arrastrados por dicha tendencia, en gran parte por la repercusión que internacionalmente ha tenido el Convenio Europeo y su Tribunal, y así, al amparo de la aprobación de las correspondientes Cartas de Derechos y Libertades, han otorgado a los Tribunales de Justicia la facultad de controlar las leyes del Parlamento. Así pues, puede afirmarse que el viejo modelo de la judicial review que se iniciara a comienzos del siglo XIX en Estados Unidos, parece haber triunfado, con versiones más o menos corregidas del mismo. Tal paradigma, sin embargo, encuentra algunas excepciones aún e, incluso, está siendo objeto de revisión, postulándose, no ya, un retorno a la supremacía del legislador, pero sí al menos el desarrollo de fórmulas débiles de control de constitucionalidad (weak-form judicial review). El ejemplo más característico de estas formas débiles lo encontramos en el sistema constitucional canadiense a través de las cláusulas notwithstanding y override que incorpora la Carta de Derechos. Su origen y, en mayor manera, su evolución pueden ser una interesante experiencia para nuestro propio sistema constitucional.After World War II, the model of constitutional democracy, under which, the last word on the constitutionality of laws can´t be decided by the Parliament, but by the countermajoritarian power, has prevailed in much of the constitutional States. It has happened not only in Europe, also around the World. Even, States traditionally based on the principle of supremacy of Parliament have been drawn by this trend, perhaps by the international impact of the European Convention and its Court. So, under the approval of the Charters of rights and Freedoms, they have given the courts the power to control acts of Parliament. Therefore it can be argued that the old model of judicial review that began in the early nineteenth century in US seems to have succeeded, with more or less corrected versions of it. This paradigm, however, still finds some exceptions, and even is being reviewed, postulating, not a return to the supremacy of the legislature, but at least the development of weak forms of judicial review. The most characteristic example of these weak forms can be found in the Canadian constitutional system through the notwithstanding and override clauses which the Charter of Rights incorporates. Its origin and, more so, its evolution can be an interesting experience for our own constitutional system
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Hoffmann-Riem, Wolfgang. "Two Hundred Years of Marbury v. Madison: The Struggle for Judicial Review of Constitutional Questions in the United States and Europe." German Law Journal 5, no. 6 (2004): 685–701. http://dx.doi.org/10.1017/s2071832200012797.
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This year we celebrate a United States Supreme Court decision that marks the beginning of modern jurisdiction over constitutional questions: Marbury v. Madison. This is all the more remarkable since, when it was decided two hundred years ago in 1803, it was controversial and many still maintain it was wrongly decided. Chief Justice Marshall ruled on a dispute which he had earlier had a hand in causing, since the alleged legal error – the untimely delivery of a commission to Justice of the Peace Marbury – fell within his area of responsibility as Secretary of State. He dismissed the petition because the incorrect legal procedure had been chosen. However, he did not examine this question at the outset but – contrary to the accepted procedural rules of his time – at the end. This left room for a wide-ranging discussion of the right of judicial review, which was not required by law, and was, therefore, obiter dicta. Thomas Jefferson later referred to this discussion as the Chief Justice's “obiter dissertation.” Of course, Adams himself contended that the case turned on the judicial right of review, since this was a component of his argument that the petition should be dismissed.
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Gignon, M., S. Paupière, O. Jardé, and C. Manaouil. "Victims of assault: a Europe-wide review of procedures for evaluating the seriousness of injuries." Medicine, Science and the Law 50, no. 3 (2010): 145–48. http://dx.doi.org/10.1258/msl.2010.010020.
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In France, victims of assault receive a medical certificate describing their injuries. This certificate must fulfil certain criteria because it plays a major role in the subsequent judicial proceedings – notably the establishment of a period of ‘total incapacity for work’, which determines the court in which the case will be heard. Determination of the duration of this period of incapacity is complex. We decided to review medical examination procedures for victims of assault in a number of other European countries (England and Wales, Belgium, Germany, Switzerland and Spain). Our study revealed that only in France do physicians have to make a quantitative assessment of injuries, which is supposed to reflect the extent of the injuries and the intensity of the violence – despite the difficulties this may pose. We discuss the relevance of this quantitative assessment.
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Pinelli, Cesare. "Constitutional Reasoning and Political Deliberation." German Law Journal 14, no. 8 (2013): 1171–81. http://dx.doi.org/10.1017/s2071832200002212.
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In the recent Anglo-American scholarly debate, contrary to that of continental Europe, judicial review of legislation raises strong criticism for various aspects. Among these, I will examine the claim that legislators are better equipped than courts in constitutional reasoning, on the ground that the institutional settings and procedures affecting the former ensures a better protection of rights than those that characterize the judicial function. The following questions will be posed: Do legislators primarily deal with rights as such? Do they reason about rights, and in that case for which purposes? Are these purposes sufficiently similar to those affecting the judicial reasoning about rights? Why in most legal orders courts are bound to reason-giving? While answering these questions, I will outline the different meaning that consequentialist reasoning is likely to acquire, respectively, in representative assemblies and on the bench. I will then classify the kinds of juridical consequences, and of the corresponding premises, that might affect constitutional reasoning according to the different weight of judicial construction. Finally, I will attempt to demonstrate why the indeterminacy of principles on which constitutional reasoning is expected to rely should be viewed as enhancing, rather than as distorting, the insight of courts on the right at stake.
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Rebkalo, M. M., and V. S. Oliinyk. "INSTITUTIONAL STRUCTURE OF THE EUROPEAN AND INTER-AMERICAN PROTECTION SYSTEM OF HUMAN RIGHTS: COMPARATIVE LEGAL ANALYSIS." Scientific Herald of Sivershchyna. Series: Law 2024, no. 2 (2024): 71–81. http://dx.doi.org/10.32755/sjlaw.2024.02.071.
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Institutional accoding to normative framework adopted by international organizations established on the European and American continents. In addition, in Europe it is supplemented by the European Union Acts. Both systems have judicial and extrajudicial human rights protection mechanisms. The key judicial bodies are the European and Inter-American Courts for the Protection of Human Rights. Courts perform jurisdictional, advisory and preventive functions. They are authorized to decide both interstate complaints and individual petitions. An indicative criterion for the effectiveness of the work of the European and Inter-American Courts is the implementation of their decisions by the member states of the Council of Europe and the Organization of American States. The extrajudicial mechanism for the protection of human rights is implemented by convention bodies that are present in both systems and ensure the protection of certain categories of persons (convicts, women, children), namely: the Commissioner for Human Rights (Europe) and the Inter-American Commission for the Protection of Human Rights (North and South America ). The Agency for Fundamental Rights, which promotes the realization of human rights and freedoms (European Union), operates on the territory of Europe. The article states that the complaint review procedure has its own peculiarities. In Europe, the European Court of Human Rights is the main body for reviewing complaints. On the American continent, the complaints are first examined by the Inter-American Commission on Human Rights, and then the latter can refer them to the Inter-American Court of Human Rights, i.e. a two-level system of human rights protection is provided. On the basis of the given analysis of the theoretical material, conclusions were formulated, which set out the common and distinctive features inherent in the institutional system of human rights protection in the member states of the Council of Europe and the Organization of American States. Key words: European system, American system, institutional system, international conventions, human rights, protection of human rights, protection procedure.
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Petrov, Jan. "The populist challenge to the European Court of Human Rights." International Journal of Constitutional Law 18, no. 2 (2020): 476–508. http://dx.doi.org/10.1093/icon/moaa027.
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Abstract This article analyzes the European Court of Human Rights (ECtHR) from the perspective of the recent extraordinary wave of populism in Europe. It argues that populism poses a serious and distinctive challenge to the ECtHR since supranational judicial review is at odds with the populist ideology. What makes the populist challenge distinctive is the combination of the ideological basis of populism, its wide appeal and capacity to reach ordinary people, and populists’ tendency to remove limitations on their power. With respect to the last point, the article introduces a categorization of anti-court techniques and takes stock of the ECtHR’s institutional setting. It concludes that although the situation is not perfect—the budget and judicial selection are especially problematic—the ECtHR is rather well insulated from eventual attacks targeting its structural features or the judicial personnel. However, including the ECtHR in the “narrative of blame,” populism is very strong in another anti-court strategy—achieving gradual erosion of a court through delegitimization. That is particularly threatening for the ECtHR due to its vulnerability to legitimacy challenges manifested in the past decade. As a result, the populist challenge will likely require careful management of the ECtHR’s social legitimacy.
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Osipov, A. L. "Topical Issues of Application of Decisions of Interstate Human Rights Bodies in Criminal Proceedings of the Russian Federation." Lex Russica 76, no. 3 (2023): 72–86. http://dx.doi.org/10.17803/1729-5920.2023.196.3.072-086.
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The paper deals with the implementation of international standards for the protection of individual rights in criminal proceedings consolidated in the decisions of judicial and quasi-judicial intergovernmental human rights bodies. The author gives a characteristic of the main stages of interaction of the legal system of the Russian Federation with the system of international standards, perceived through the practice of the ECHR. The paper examines features of the execution of the ECHR acts after the Russian Federation withdrew from the Council of Europe. The article analyzes the legal foundations of the activities and legal properties of acts of quasi-judicial bodies of the United Nations in the context of the grounds for reviewing national judicial decisions in criminal cases. On the basis of Russian judicial practice, the legal model of sentence review based on international judicial and quasi-judicial acts is analyzed: the stable characteristics of this model are determined, the patterns of implementation of acts of quasi-judicial bodies of the United Nations in Russian judicial practice in criminal cases are described, the factors requiring improvement of this model are analyzed. It is concluded that the existing model of regulation of these relations is based on insufficiently clear provisions of the Criminal Procedure Code of the Russian Federation in their interpretation by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. This model does not fully take into account the specifics of individual legal acts of interstate human rights bodies. In conclusion, the article proposes the author’s concept of the reform of the model of resuming criminal proceedings in connection with these acts of interstate human rights bodies. As one of the conclusions, the paper notes that at the present stage of the development of criminal procedure, legislation and the practice of its application in the Russian Federation, the issues of implementation in domestic law of international human rights treaties through the execution of decisions of their control (judicial and quasi-judicial) mechanisms with competence to consider individual reports of victims of alleged violations of these treaties remain relevant.
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della Cananea, Giacinto, and Mauro Bussani. "The ‘Common Core’ of administrative laws in Europe: A framework for analysis." Maastricht Journal of European and Comparative Law 26, no. 2 (2019): 217–50. http://dx.doi.org/10.1177/1023263x19827817.
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This essay presents the framework for new comparative research in the field of administrative law, with a focus on the European legal area. It is divided into two parts. In Part I, we argue that some difficulties that beset the traditional uses of the comparative method are even more evident when considering the field of administrative law. Accordingly, a methodological shift is needed in more than one sense. First, instead of focusing on either similarities or differences between national legal systems, both analogies and differences must be considered. Second, legal comparison, properly intended, differs from a mere juxtaposition of national administrative laws. Third, the overemphasis on legislation is even less justified in the field of administrative law, which calls for careful attention to judicial and institutional practices. In this perspective, we briefly illustrate the methodology grounded in a factual approach that has been developed in the field of comparative private law in the last few decades and the way we are going to apply it into our research on administrative law, viewed through a procedural lens. In Part II we discuss the main pillars that characterize our research concerning administrative law: first, its goal, which is the advancement of knowledge; second, the choice to focus on administrative procedure, instead of judicial review of administrative action; third, the methodology, which combines a synchronic comparison, concerning modern legal systems, with a diachronic comparison, that is to say a retrospective on some aspects of the history of legal institutions that look particularly relevant; and fourth, the choice of the legal systems selected for comparison, including a variety of states and a non-state, the European Union.
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Besselink, Leonard F. M. "The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe After All." Utrecht Law Review 9, no. 2 (2013): 19. http://dx.doi.org/10.18352/ulr.223.
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Senden, Linda. "Book Review: The Judicial Construction of Europe, by Alec Stone Sweet. (Oxford: Oxford University Press, 2004)." Common Market Law Review 43, Issue 5 (2006): 1491–95. http://dx.doi.org/10.54648/cola2006093.
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Moreno Bobadilla, Ángela, and Fernando Gutiérrez Atala. "Implementation of the Right to be Forgotten in Chile: The Right to One's Image as an Essential Part of All People." Journal of Information Policy 8, no. 1 (2018): 346–61. http://dx.doi.org/10.5325/jinfopoli.8.1.0346.
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Abstract The article analyzes the situation of the right to self-image in the context of Chilean legislation, specifically from its link with the new judicial cases in which the affected—as happens in other countries mainly in Europe, Russia, Japan, Mexico, or Argentina—appeal to the application of the right to be forgotten regarding information published on the Internet. To achieve this, the text begins with a review of the existing legal norms and confronts them with the best-known cases that have been recorded to date and that are creating jurisprudence in the country.
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Dr. Syed Raza Shah Gilani, Dr. Ilyas Khan, and Shehla Zahoor. "The Historical Origins of the Proportionality Doctrine as a tool of Judicial Review: A Critical Analysis." Research Journal of Social Sciences and Economics Review (RJSSER) 2, no. 1 (2021): 251–58. http://dx.doi.org/10.36902/rjsser-vol2-iss1-2021(251-258).
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It is a fact that the doctrine of Militant Democracy is essential to protect society from the threat of terrorism. On the other hand, we should not ignore the element of its interpretive nature, which means that there is an apprehension that the states having a poor human rights record may use it to achieve their ulterior motives while damaging the fundamental rights of the individual. In Europe, the ECtHR and domestic courts at the national level are duty-bound to save these fundamental rights. Hence, the doctrine of proportionality is an essential tool to check the militant democracy measures on the fundamental freedoms and human rights. To understand the authenticity of the doctrine of proportionality, it is essential to establish its origin and stages of evolution, because this will enable me to explore the use of this doctrine, which is adopted by many nations, before analyzing its use in the UK’s legal system.
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Seung Pil Choi. "Legal Review on Fiscal Regulations in Europe - Focusing on judicial review relating to correction procedures for excessive fiscal deficit and financial stability -." Public Law Journal 15, no. 4 (2014): 267–98. http://dx.doi.org/10.31779/plj.15.4.201411.010.
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Zakrenicnyj, Nikolaj. "A Court’s Right to Moderate Administrative Penalty in Selected Central European Countries." Central European Public Administration Review 22, no. 1 (2024): 139–62. http://dx.doi.org/10.17573/cepar.2024.1.06.
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The purpose of this paper is to analyse the extent of a court’s authority to moderate[1] penalties imposed by administrative bodies in several Central European countries: the Czech Republic, Slovakia, Germany, and Austria. The central goal is to investigate the legal frameworks within these nations and their relationship to Article 6 of the European Convention on Human Rights.The methodology employed involves a comparative analysis of legal provisions in the aforementioned countries concerning judicial review of administrative penalties. The study scrutinizes the differences in the legal approaches taken by these nations, highlighting the diverse methods used to address the court’s role in moderating administrative penalties. The investigation is grounded in the concept of full jurisdiction, emphasising the right of individuals to have their cases thoroughly examined by a court, which also includes assessing the legality, merit, appropriateness, and proportionality of the penalties imposed.The findings reveal significant variations among the surveyed countries regarding the approach to judicial review of administrative penalties. These differences underscore the complex interplay between the executive and judiciary branches within legal systems, raising crucial concerns about principles such as legal certainty, proportionality, and the right to an effective remedy. The paper illuminates the varying degrees of court intervention in moderating administrative penalties across different legal contexts and makes a substantial academic contribution by shedding light on a relatively understudied aspect of administrative law within Central Europe. It provides valuable insights into how different legal systems address the delicate balance between executive power and judicial oversight, particularly in matters of administrative penalties.The study’s originality lies in its comparative approach, offering a nuanced understanding of the court’s role in moderating penalties and its implications for broader legal principles and human rights protection. Furthermore, the paper serves as a foundational resource for scholars and practitioners interested in exploring the origins and nuances of judicial moderation in administrative law, potentially inspiring further research and providing a schematic tool for navigating this complex legal terrain. [1] The article uses the term ‘moderate’ as a verb in situations where a court, as defined in Article 6 paragraph 1 of the European Convention on Human Rights, is by law authorized to reduce the imposed administrative penalty at its discretion or to refrain entirely from imposing a penalty while reviewing an administrative decision. In such instances, we are not referring to court moderation wherein the court is the entity directly imposing the administrative penalty.
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Taddei, Ugo. "Case C-723/17 Craeynest: New Developments for the Right to Clean Air in the EU." Journal of Environmental Law 32, no. 1 (2020): 151–60. http://dx.doi.org/10.1093/jel/eqaa001.
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Abstract This analysis considers and reviews the judgment of the Court of Justice of the European Union in Case C-723/17 Lies Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer [2019] ECLI:EU:C:2019:533, which followed a preliminary reference by the Nederlandstalige rechtbank van eerste aanleg Brussel (Dutch-language Court of First Instance of Brussels) concerning the interpretation of Directive 2008/50/EC on ambient air quality and cleaner air for Europe. The Craeynest judgment strengthens the right to clean air in the European Union, offering new tools for citizens to hold authorities accountable before national courts. It also provides key clarifications about the intensity of judicial review of scientifically complex assessments. In this regard, the Craeynest case has the potential to strengthen access to justice beyond air quality issues in other environmental matters.
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Goldoni Barijan, Gustavo. "OS MODELOS DE JUSTIÇA CONSTITUCIONAL E O SUPREMO TRIBUNAL FEDERAL." Revista Científica Semana Acadêmica 10, no. 223 (2022): 1–19. http://dx.doi.org/10.35265/2236-6717-223-12163.
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The present work seeks to analyze the evolution of the review of constitutionality of the infra-constitutional order from the social evolution itself and the concept of supremacy of the Constitution in two moments: the first with the formation of national States and their own Constitutions, and then with the emergence of the constitutionalism. Afterwards, it will develop the two main forms of exercising this control, the first one arising in the United States, through the judicial control of the acts. The second, by the emergence of Constitutional Courts in Continental Europe. After analyzing these two models, Brazil's position on this issue will be demonstrated, especially the Federal Supreme Court.
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Seerden, René J. G. H. "Towards a lus Commune in Public Environmental Law? Report on the Conference on Comparative Environmental Law in the European Union, Maastricht 1213 June 1997." European Energy and Environmental Law Review 7, Issue 2 (1998): 40–46. http://dx.doi.org/10.54648/eelr1998006.
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The Maastricht project on comparative environmental law; the conference of June 1997 and the work "Comparative Environmental Law in Europe"; similarities and differences in the laws of the Member States; a ius commune?; trends and developments in the Member States; Workshop 1: Public participation, administrative appeals and judicial review (freedom of information; strict participation; locus standi; NIMBY); Workshop 2: Instruments of public environmental law (the introduction of indirect instruments and instruments of self-regulation; action programmes; implementation) ; Workshop 3: Enforcement (sanctions; standing); overall conclusions that structural approaches should be identified; that further research is necessary; that a valuable start has been made, including identifying shared themes and differences.
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Garde, Amandine. "Freedom of Commercial Expression and Public Health Protection in Europe." Cambridge Yearbook of European Legal Studies 12 (2010): 225–56. http://dx.doi.org/10.5235/152888712802636102.
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AbstractThis chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.
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Garde, Amandine. "Freedom of Commercial Expression and Public Health Protection in Europe." Cambridge Yearbook of European Legal Studies 12 (2010): 225–56. http://dx.doi.org/10.1017/s1528887000001804.
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Abstract This chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.
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Tomashevski, Kirill L. "Labor Law of the Republic of Kazakhstan: in 3 vols. Vol. 1. General part: textbook." Gosudarstvo i pravo, no. 9 (2023): 208. http://dx.doi.org/10.31857/s102694520026737-1.
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The review presents an analysis of volume 1 of the three-volume textbook of the Kazakh researcher M.H. Khassenov “Labor law of the Republic of Kazakhstan”. This educational publication is innovative, deviates from the generally accepted canons of classical textbooks in that it contains very extensive additional information on dissertations on the General part of Labor Law defended in the Republic of Kazakhstan and in the Russian Federation, as well as examples from the judicial practice of the Republic of Kazakhstan on labor disputes, statistical and reference materials. The opinions of legal scholars from both Western Europe and the EAEU states are presented, attention is drawn to the existing problems in the labor legislation of the Republic of Kazakhstan.
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Biglino Campos, Paloma. "La Constitución fue norma por ser Pacto Federal." Teoría y Realidad Constitucional, no. 28 (June 1, 2011): 179. http://dx.doi.org/10.5944/trc.28.2011.6957.
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This article is an attempt to analyze the influence exerted by Federalism on the emergence of the normative idea of a Constitution. To this end, it begins by analyzing the curious way in which the Convention of Philadelphia introduced the reference to the Constitution in art.VI.2 of the fundamental charter of the United States, a precept that was born to ensure the new agreement on unity among states versus their tendency to pursue individual interests. Things were no different in Europe. In fact, the Constitution stops being a programmatic rule in the first federal states to appear on our continent in the 19th century. In these formations, it was enforceable law, at least with regard to the member states, as it was the part of the parameter used by the courts to measure the conformity of the legislation of member states to federal law. The idea of the Constitution as an applicable rule is perfected, on our continent, in the 1920 Austrian Constitution, when the concept of a constitution as «total order» forced the equivalence between the federation’s laws and those of the member states, equally subject to constitutional oversight. The last pages are devoted to the way in which the federal structure, by determining the concept of constitutions, influences the model for judicial review of legislation. In the United States, the superposition of a federation on top of the member states implied a dual structure in which the main topic of discussion was the jurisdiction of the federal courts to supervise the laws enacted by the States, first of all, and by the federation, secondly. The concentrated judicial review emerges, in Europe, in federal states that are the consequence of decentralization processes and, among other factors, of the mistrust caused by the fact that the judiciary is solely in the hands of the federation.Este artículo pretende subrayar la influencia que el federalismo ejerció en la aparición de la idea normativa de constitución. Por ello, comienza analizando la curiosa manera en que la Convención de Filadelfia introdujo la mención a la constitución en el art. VI.2 de la norma fundamental estadounidense, precepto que nació para asegurar el nuevo pacto de unión frente a las tendencias de los estados a perseguir sus intereses particulares. En Europa, las cosas no fueron muy distintas. En efecto, la constitución deja de ser norma programática en los primeros estados federales aparecidos en nuestro continente en el siglo XIX. En estas formaciones, era derecho aplicable, al menos en relación con los estados miembros, ya que encabezaba el parámetro que los tribunales utilizaban para medir la adecuación de las leyes de los estados miembros al derecho federal. La idea de constitución como norma aplicable se perfecciona, en nuestro continente, en Constitución austríaca de 1920, cuando la idea de constitución como «orden total», fuerza a equiparar las leyes de la federación y las de los estados miembros, sometidas en igual medida al control constitucional. En las últimas páginas se trata de la manera en que la estructura federal, al determinar la concepción de constitución, influye en el modelo de control de las leyes. En Estados Unidos, la superposición de la federación sobre los estados miembros implicó una estructura dual en la que el principal tema de discusión fue la competencia de la jurisdicción federal para controlar las leyes de los estados, primero, y de la federación, después. El control de constitucionalidad concentrado aparece, en Europa, en los estados federales que son consecuencia de procesos de descentralización, como consecuencia, entre otros factores, de la desconfianza que suscita el hecho de que el poder judicial quede en manos sólo de la federación.
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Rizcallah, Cecilia. "Book review: The Fragmented Landscape of Fundamental Rights Protection in Europe: The Role of Judicial and Non-Judicial Actors, edited by Lorenza Violini and Antonia Baraggia. (Cheltenham: Edwa." Common Market Law Review 56, Issue 4 (2019): 1150–53. http://dx.doi.org/10.54648/cola2019089.
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Kostiuk, Uliana. "Udicial bodies as subjects of the protection of the rights of citizens of Ukraine to a safe environment for life and health in Ukraine: administrative and legal aspect." Visegrad Journal on Human Rights, no. 2 (December 29, 2023): 69–76. http://dx.doi.org/10.61345/1339-7915.2023.2.9.
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The article analyzes the human right to an environment safe for life and health, the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health, modern tools of the activity of judicial bodies as subjects of rights protection citizens in this area.
 The aim of the work is to investigate the current state and directions for improving the effectiveness of judicial bodies as subjects of administrative and legal protection of the right of citizens to an environment safe for life and health.
 The methodological basis of the study includes general scientific and special research methods, in particular the method of system analysis, structural-functional, formal-legal and others.
 The article emphasizes that the complex and extensive system of judicial bodies directs its activities to protect the environmental rights of Ukrainian citizens from illegal legal acts, decisions, actions (inaction) of state bodies, local self-government bodies, other bodies, officials, and civil servants; to protect the environmental rights of Ukrainian citizens from encroachments in the form of administrative offenses, from encroachment on the environmental rights of citizens, etc.
 The article examines typical problems of ensuring citizens’ access to justice on issues of environmental protection.
 Results. It is recognized that in modern conditions, it is necessary to improve the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine, and to strengthen judicial control in the environmental sphere.
 Conclusions. It is appropriate to state that the development of administrative and legal protection of the right of citizens to an environment safe for life and health is connected with the implementation of standards of good governance recognized in Europe, including legality and transparency of the decision-making process, open access to information, perfect administration, effective financial and budget management, control, supervision, responsibility. It is important in modern conditions to improve both material and procedural administrative legislation, review administrative procedures, and institutional changes, which in general should be aimed at transforming judicial bodies into important subjects of the implementation of the human rights function regarding the right of citizens to safe life and health environment, whose functioning is based on the ideas of people-centeredness and the priority of protecting the rights and interests of the individual.
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Biedermann, Alex, Christophe Champod, and Sheila Willis. "Development of European standards for evaluative reporting in forensic science." International Journal of Evidence & Proof 21, no. 1-2 (2016): 14–29. http://dx.doi.org/10.1177/1365712716674796.
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Criminal justice authorities of EU countries currently engage in dialogue and action to build a common area of justice and to help increase the mutual trust in judicial systems across Europe. This includes, for example, the strengthening of procedural safeguards for citizens in criminal proceedings by promoting principles such as equality of arms. Improving the smooth functioning of judicial processes is also pursued by works of expert working groups in the field of forensic science, such as the working parties under the auspices of the European Network of Forensic Science Institutes (ENFSI). This network aims to share knowledge, exchange experiences and come to mutual agreements in matters concerning forensic science practice, among them the interpretation of results of forensic examinations. For example, through its Monopoly Programmes (financially supported by the European Commission), ENFSI has funded a series of projects that come under the general theme ‘Strengthening the Evaluation of Forensic Results across Europe’. Although these initiatives reflect a strong commitment to mutual understanding on general principles of forensic interpretation, the development of standards for evaluation and reporting, including roadmaps for implementation within the ENFSI community, are fraught with conceptual and practical hurdles. In particular, experience through consultations with forensic science practitioners shows that there is a considerable gap between the intentions of a harmonised view on principles of forensic interpretation and the way in which works towards such common understanding are perceived in the community. In this paper, we will review and discuss several recurrently raised concerns. We acknowledge practical constraints such as limited resources for training and education, but we shall also argue that addressing topics in forensic interpretation now is of vital importance because forensic science continues to be challenged by proactive participants in the legal process that tend to become more demanding and less forgiving.
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Caranta, Roberto. "Book Review: Judicial Review of Administration in Europe: Procedural Fairness and Propriety, by Giacinto della Cananea and Mauro Bussani. (Oxford: Oxford University Press, 2021)." Common Market Law Review 60, Issue 5 (2023): 1500–1502. http://dx.doi.org/10.54648/cola2023113.
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Rumersdorfer, Birgit. "The Ryanair/Charleroi Case Before the European Court." Air and Space Law 34, Issue 4/5 (2009): 309–18. http://dx.doi.org/10.54648/aila2009027.
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The decision of the EU Commission concerning alleged subsidies granted to Ryanair Ltd. at the Brussels South Charleroi Airport was revoked by the Court of First Instance. The case must be regarded a landmark case since Ryanair has been known as one of the pioneer low-cost carriers in Europe. The EU Commission had used the case to consider in principle and in general terms the legal issues of aid granted to low-cost carriers with a focus on the issue of correct application of the private investor principle in a case of State aid granted directly and indirectly by a public body. While the EU Commission was – although confronted with difficulties – trying to find a clear distinction, the Court took a different approach and concentrated its judicial review on the approach to the test rather than on its substantive outcome.
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Polgári, Eszter. "In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights." ICL Journal 14, no. 1 (2020): 43–69. http://dx.doi.org/10.1515/icl-2019-0040.
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AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.