Relevant bibliographies by topics / Remedial proceedings

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  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Remedial proceedings'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 April 2022

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Journal articles on the topic "Remedial proceedings"

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Gorbenkova, Alena S., and Svetlana G. Salmina. "REMEDIAL LAW IN RELATION TO MEDIATION." Yugra State University Bulletin 13, no. 1-2 (2017): 93–96. http://dx.doi.org/10.17816/byusu2017131-293-96.

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The article considers some topical issues of development of mediation with participation of facilitator in criminal proceedings. Special attention is paid to aspects of implementation of mediation in this area. The authors suggest that you should consider when using mediation in criminal proceedings.
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Nasonov, A. A., and R. Yu Malueva. "ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS." Bulletin of Udmurt University. Series Economics and Law 30, no. 4 (2020): 561–67. http://dx.doi.org/10.35634/2412-9593-2020-30-4-561-567.

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The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.
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Tsyganenko, Sergey S. "Issues of remedial development of forms in criminal proceedings." Journal of Economic Regulation 6, no. 4 (2015): 170–77. http://dx.doi.org/10.17835/2078-5429.2015.6.4.170-177.

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Frosztęga, Norbert, and Hubert Woźniak. "The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened." Nieruchomości@ Specjalne, no. V (2021): 327–37. http://dx.doi.org/10.5604/01.3001.0015.5839.

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In the theory of law and the jurisprudence of courts, there is a dispute as to when and in whose property there is a disputable effect of making the assignment of future rent claims. Three concepts presented by theoreticians of civil law lead to different legal consequences. The practical importance of the above dispute has far-reaching effects under the restructuring law in the event that the restructuring proceedings were subsequently opened against the assignor. From the perspective of Polish private law, the theory of the pass-through acquisition of claims is more convincing, what in the event of the subsequent opening of restructuring proceedings against the assignor, that the claims arising after the arrangement date are included in the arrangement/remedial estate. The adoption of a different concept may justify the examination of the assignment of future claims from the perspective of ineffectiveness against the arrangement/remedial estate.
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Meester, Daniel H. "The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession." Canadian Yearbook of international Law/Annuaire canadien de droit international 48 (2011): 215–54. http://dx.doi.org/10.1017/s0069005800010122.

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SummaryIn light of the global prevalence of secessionist movements, some have proposed “remedial secession” as a last resort solution where a “people” is either denied internal self-determination or is faced with massive human rights violations by a repressive regime. While lack of state practice largely confined this concept to academic circles through the 1990s and much of the 2000s, remedial secession received renewed international legal attention in the proceedings concerning the International Court of Justice’s (ICJ) 2008 advisory opinion in the caseAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo(Kosovocase).In light of support for remedial secession expressed in the submissions of eleven states, as well as its apparent endorsement in the separate opinions of two ICJ judges, advocates of remedial secession may plausibly argue that the soft law status of the concept has been strengthened and perhaps even that it is in the process of emerging as a regional customary norm for those states that supported it. However, the impact of theKosovocase on solidifying the legal status of remedial secession should not be overstated, as opponents of the concept may point to a number of contrary indicators that also emerged from the formal discourse surrounding the case.
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Сопнева, Елена, and Elena Sopneva. "Suspicion and Charge Statuses in Criminal Remedial Activities." Journal of Russian Law 3, no. 7 (2015): 0. http://dx.doi.org/10.12737/11757.

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The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.
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Skakov, A. B. "NEW PROVISIONS IMPLEMENTED IN CRIMINAL POLICY PURSUED BY THE REPUBLIC OF KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 42–52. http://dx.doi.org/10.32755/sjcriminal.2021.01.042.

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The article is devoted to modern approaches and the formation of author’s proposals regarding new provisions implemented in the criminal policy pursued by the Republic of Kazakhstan. It is noted that the criminal policy has three components: criminal, criminally-remedial and penal policies. It is possible and necessary to determine the degree of effectiveness of the implemented criminal policy only on the basis of the results of all its components and the development of modern preventive measures in order to prevent crime. The analysis of the criminal, criminally-remedial and penal legislation of the Republic of Kazakhstan in the field of types of punishment, their appointment and execution is carried out. In order to maintain further progressive development of the country, the strategy of further reduction of the «prison population» with the help of widespread use of punishments alternative to imprisonment, the development of a system of social adaptation and rehabilitation of persons caught in the sphere of criminal proceedings, is supported. In order to improve the penal legislation of the Republic of Kazakhstan, it is proposed to develop a new draft of a bill «On the Execution of Sentences and the Probation Service». One bill should regulate the types of punishments (from fines to imprisonment and the death penalty), the types of penal bodies and institutions included in the penal (penitentiary) system, the procedure of executing (serving) all types of criminal punishment, as well as social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings, etc. A new title of the draft of a bill is also proposed. It is «The Law of the Republic of Kazakhstan «On the Execution of Sentences and the Probation Service»». The title of the draft of the Criminal Penal Code proposed by us most fully reveals the legal essence of the new normative legal act. The implementation of the new laws specified in the Criminal Penal Code of the Republic of Kazakhstan urgently requires to create an independent state body – the Agency for the Execution of Punishments and the Probation Service. Key words: humanization of criminal policy; criminal, criminally-remedial and penal policy; penal (penitentiary) system; punishments alternative to imprisonment; social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings.
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Kowalczyk-Ludzia, Marta. "The Principle of Transparency and the Social Perception of the Representatives of Pre-Trial Procedure Authorities." Internal Security 10, no. 2 (2019): 19–29. http://dx.doi.org/10.5604/01.3001.0013.4210.

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Social judgments regarding the assessment of the work of the representatives of the preparatory proceedings organs are often formulated prematurely. Actions taken in favor of properly conducted proceedings often require commitment, which is difficult to qualify in specific assessment categories. Advances in technology mean that committing offences is often simpler, resulting in the possibility of committing more and more new crimes (including, among others, cybercrime). Such realities oblige the representatives of the procedural authorities to take effective remedial actions to combat criminogenic behavior, which sometimes correlates with taking actions that are on the fringes of the law or ethics (among others, Art. 168 a and 168 b of KPK (the Code of Criminal Procedure)). The effectiveness of the preparatory proceedings carried out is therefore dependent on many factors, the derivative of which is the decision of the trial resolution, which, in the theoretical assumption, should meet not only the statutory objectives of the proceedings, but also be a testimony to achieve a social sense of justice. The stereotypical verification of the work of prosecutors and the Police officers makes it difficult to make a proper assessment of the actions taken by them, thus distorting the actual image of the bodies of proceedings. The subject and purpose of this study is to emphasize the social perception of the representatives of the organs of preparatory proceedings. The theoretical reflections were formulated on the basis of the developed conclusions from the analysis of the court files examined.
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Swainne, Bill. "Corrective Justice and Redress Under Australia's Racial Vilification Laws." University of Queensland Law Journal 40, no. 1 (2021): 27–65. http://dx.doi.org/10.38127/uqlj.v40i1.5637.

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This article examines the process for seeking redress under Australia’s racial vilification laws. Recently, the debate concerning pt IIA of the Racial Discrimination Act 1975 (Cth) has focused on unmeritorious complaints and the importance of quickly terminating such complaints. This article argues that pt IIA establishes a civil wrong and that corrective justice provides an appropriate framework for understanding the process by which complainants may seek redress for this wrong. However, the remedial process currently fails to provide corrective justice in two ways. First, conciliation is compulsory and this unduly restricts complainants from commencing proceedings. This is inconsistent with the public character of vilification, which indicates that public vindication may be more appropriate than private settlement. Second, current costs rules may deter complainants from seeking vindication of their rights. Therefore, these rules should be modified in proceedings for racial vilification.
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Cornell, Robert M., Martha M. Eining, and Rick C. Warne. "Practitioner Summary of Can Auditors Reduce Negligence Verdicts? An Examination of Remedial Tactics." Current Issues in Auditing 6, no. 2 (2012): P1—P6. http://dx.doi.org/10.2308/ciia-50281.

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SUMMARY This article summarizes our recent study, “The Use of Remedial Tactics in Negligence Litigation” (Cornell et al. 2009). Auditors face significant litigation risk when adverse economic events occur with clients, even when the auditors followed Generally Accepted Auditing Standards (GAAS) when they conducted the audit. Civil litigation rules in many U.S. jurisdictions allow plaintiffs to compel testimony from defendants during trial proceedings. We investigated whether auditors could use verbal remediation tactics to reduce the likelihood of guilty verdicts when accused of professional negligence. In a mock trial setting, we examined whether an apology and/or a first-person justification offered by an auditor-defendant results in fewer negligence verdicts against audit firms. Our results indicate that, when an auditor testifies and expresses an apology and/or a first-person justification, jurors find the auditor guilty of negligence about half as often as when no remedial tactic is used. These findings provide evidence that auditors accused of negligence may effectively utilize such tactics to defend their audit decisions and actions.
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Dissertations / Theses on the topic "Remedial proceedings"

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Nazzini, Renato. "Competition law remedies and concurrent proceedings." Thesis, University College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417854.

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Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.

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Malgré le peu de fondements écrits consacrés à la justice dans le texte de la Constitution du 4 octobre 1958, le Conseil constitutionnel, en réalisant un travail d’actualisation à partir de la Déclaration des droits de l’homme et du citoyen, a permis l’émergence d’un droit constitutionnel processuel, construit autour de principes directeurs. Ceux-ci peuvent être répartis dans trois catégories : deux principales, selon que l’acteur du procès prioritairement concerné soit le juge ou les parties et une troisième, complémentaire, celle des garanties procédurales, permettant de favoriser les qualités essentielles du juge et de contrôler le respect des droits des parties. Une gradation des exigences du Conseil constitutionnel est discrètement perceptible entre les deux premières catégories de principes, plus facilement identifiable entre celles-ci et la dernière famille. Cette échelle décroissante de « densité » des principes directeurs du procès témoigne d’une véritable politique jurisprudentielle en matière de droit constitutionnel processuel, qui met l’accent sur l’accès au juge, doté des qualités indispensables à l’accomplissement de sa mission juridictionnelle. Toutefois, aussi satisfaisante que soit l’action du juge constitutionnel français à l’égard du droit du procès, celle-ci nécessiterait aujourd’hui le relais du constituant, afin de moderniser le statut constitutionnel de la justice<br>In spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
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Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.

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La première partie de l’étude est consacrée à l’invocation, intra et extra muros, du droit à un procès équitable. Sont analysés ainsi, dans un premier temps, l’applicabilité directe de l’article 6 et la subsidiarité de la Convention par rapport au droit national et de la Cour Européenne des Droits de l’Homme par rapport aux juridictions nationales. Le droit à un procès équitable étant un droit jurisprudentiel, l’étude se focalise, dans un second temps, sur l’invocabilité des arrêts de la Cour Européenne et plus précisément sur l’invocabilité directe de l’arrêt qui constate une violation du droit à un procès équitable dans une affaire mettant en cause l’Etat et l’invocabilité de l’interprétation conforme à l’arrêt qui interprète l’article 6 dans une affaire mettant en cause un Etat tiers. L’introduction dans l’ordre juridique français et hellénique de la possibilité de réexamen de la décision pénale définitive rendue en violation de la Convention a fait naitre un nouveau droit d’accès à la Cour de cassation lequel trouve son terrain de prédilection aux violations de l’article 6 et constitue peut-être le pas le plus important pour le respect du droit à un procès équitable après l’acceptation (par la France et la Grèce) du droit de recours individuel. Quant au faible fondement de l’autorité de la chose interprétée par la Cour Européenne, qui est d’ailleurs un concept d’origine communautaire, cela explique pourquoi un dialogue indirect entre la Cour Européenne et la Cour de cassation est possible sans pour autant changer en rien l’invocabilité de l’interprétation conforme et le fait que l’existence d’un précédent oblige la Cour de cassation à motiver l’interprétation divergente qu’elle a adoptée.La seconde partie de l’étude, qui est plus volumineuse, est consacrée aux garanties de bonne administration de la justice (article 6§1), à la présomption d’innocence (article 6§2), aux droits qui trouvent leur fondement conventionnel dans l’article 6§1 mais leur fondement logique dans la présomption d’innocence et aux droits de la défense (article 6§3). Sont ainsi analysés le droit à un tribunal indépendant, impartial et établi par la loi, le délai raisonnable, le principe de l’égalité des armes, le droit à une procédure contradictoire, le droit de la défense d’avoir la parole en dernier, la publicité de l’audience et du prononcé des jugements et arrêts, l’obligation de motivation des décisions, la présomption d’innocence, dans sa dimension procédurale et personnelle, le « droit au mensonge », le droit de l’accusé de se taire et de ne pas contribuer à son auto-incrimination, son droit d’être informé de la nature et de la cause de l’accusation et de la requalification envisagée des faits, son droit au temps et aux facilités nécessaires à la préparation de la défense, y compris notamment la confidentialité de ses communications avec son avocat et le droit d’accès au dossier, son droit de comparaître en personne au procès, le droit de la défense avec ou sans l’assistance d’un avocat, le droit de l’accusé d’être représenté en son absence par son avocat, le droit à l’assistance gratuite d’un avocat lorsque la situation économique de l’accusé ne permet pas le recours à l’assistance d’un avocat mais les intérêts de la justice l’exigent, le droit d’interroger ou faire interroger les témoins à charge et d’obtenir la convocation et l’interrogation des témoins à décharge dans les mêmes conditions que les témoins à charge et le droit à l’interprétation et à la traduction des pièces essentielles du dossier. L’analyse est basée sur la jurisprudence strasbourgeoise et centrée sur la position qu’adoptent la Cour de cassation française et l’Aréopage<br>The first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
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Zukal, Marek. "Komparativní analýza systému opravných prostředků v civilním procesu v České republice a ve Španělském království z hlediska procesní ekonomie." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-369174.

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This Master's thesis provides an analysis of systems of remedial measures in civil disputes in the Czech Republic and the Kingdom of Spain. Used methods include comparative analysis and economic analysis of law. In the introductory chapter there are basic terms and sources of civil procedural law in both countries defined. The text devoted to remedial systems in general, their aims, legal and economic substance, basic forms (appellation, cassation and revision system), their advantages and disadvantages follows. Crucial part of the thesis is comparison of particular remedies, especially appeal (odvolání) and recurso de apelación introduced in chapter 3. A conclusion that Spanish system is much more complicated than the Czech one emerges from the comparison. This affects procedural economy negatively. Yet there are some elements, whose reception to Czech legislation should be considered, because it has potential to improve economic effectivness of remedial proceedings. In the end of the thesis there are author's de lege ferenda deliberations emerging from prior comparation and from economic analysis introduced. While reading the thesis, one must keep in mind that there are differences not only between the Czech and Spanish legislation de lege lata, but also between particular civil procedural law...
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Adamec, Martin. "Řízení o rozkladu." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-338010.

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- Remonstrance Proceedings The thesis is focused on the remonstrance and the following special administrative proceedings. The remosntrance represents an ordinary appeal, which can be used to challenge the first instance decision that has not already become enforceable and has been issued by the central administrative office, by the minister or by the director of other central administrative office eventually by the state secretary. Whereas there is no existence of the superior administrative authoritites in the organizational structure of the state administration, the same body that issued challenged decision decides on it. It is obvious, that appeal procedure contains a lot of variances and peculiarities, which the thesis points out, compared to the appeal procedure. The remostrance is limited to one paragraph and its five sections by the valid and effective legislation of the Administrative Code. The more this relatively brief provision often remains unkonwn to the general public, the more attention it attracts among the experts. The thesis aims to give a comprehensive explanation of the remonstrance and its proceedings and subsequent evaluation of the effectiveness of the applicable legislation and to suggest own creative solution of the examined subject. Further, this thesis aims to answer the...
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CHIU, HSIAO-WEN, and 邱筱雯. "A Comparative Study of Provisional remedies proceedings with Focused on the patent and trademark rights." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/6qhykm.

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陳順珍. "A study on the practice of Taiwan’s provisional remedies proceedings of civil law under industry competition." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/86990639791587992153.

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Lin, Chao-Wei, and 林兆薇. "A Study on Summary Proceeding in Civil Procedure Law-Focusing on the Types of Action and the Remedies." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/47f4up.

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碩士<br>國立臺北大學<br>法律學系一般生組<br>103<br>The Civil Procedure Law was enacted on December 26th 1930, and the summary proceedings was enacted at the same time. Except for the amendment made to adjust to the enactment of Laws of Domestic Proceedings, summary proceedings’ last large-scale amendment was made in 1999. The 1999 amendment’s paramount focus was on the types of summary proceedings. 16 years have passed since the 1999 amendment, nonetheless, various controversies exist in court practice. This essay mainly focuses on summarizing the opinions of Taiwan High Court regarding the summary proceedings made in legal seminars. In addition, based on sampling of Taiwan Taipei District Court’s decisions made in the second instance of summary proceedings during the period of January 1st 2013 to December 31st 2014, this essay collects statistics of application of each type of summary proceedings, and concludes the proportion of possibility for each type stipulated in Civil Procedure Law Article 427 being applied. In terms of court practice in summary proceedings, the original stipulations, made to save time, effort and cost for trial, and enacted by the law makers back then, still exist at present. This essay attempts to discuss the suitability of the present stipulations by means of reviewing the comments from scholars, and courts’ trial practice, and stipulation of summary proceedings in German laws. With regard to the third instance, the emphasis is placed upon scrutinizing “Approval to Appeal” which requires approval from the second instance for submitting an appeal to the third instance in summary proceedings. In scrutinizing “Approval to Appeal”, this essays endeavors to do it from two aspects. First, by comparing the amount of denial made in accordance with Civil Procedure Law Article 436-3 Section 3 by the second instance with amount of denial made by the third instance, it enables us to examine if the second instance has efficiently filtered out the appeals. Second, by summarizing significance of legal principles articulated by the third instance specified in judgements, we are able to examine whether the substance of significant legal principles are consistent with the orientation that German laws adopts, to which the law makers made reference. This essays points out five issues regarding types of summary proceedings: (1) The procedure is unfair. (2) Limited scope in application of law. (3) Professional regulations are involved in certain types. (4) Numerous types in summary proceedings. (5) Relatively low possibility for application. In addition to types, there are several issues in the court practice. First, some of the stipulations still exist at present, yet are criticized by scholars, and seldom applied under current court practice. Following the first issue, in terms of “Approval to Appeal” in summary proceedings, it shows in the statistics that amount of denial from the third instance is much larger than from the second instance which grants the approvals. Moreover, the legal opinions articulated by the third instance are often stated by the Supreme Court already. In such scenario, the substance of “Approval to Appeal” in summary proceedings in Taiwan has a minor difference compared with the orientation adopted by German laws, which are the functions of the third instance’s in continuance of law-making and security in the consistency of judgements.
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Jhang, Siou-Cheng, and 張修誠. "A Study on Provisional Remedies Proceeding of Administrative Litigation and Civil Procedure----Also on Provisional Command of Administrative Litigation in German Law." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/rh66zt.

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碩士<br>國立臺北大學<br>法律學系一般生組<br>104<br>The purpose of this study is to compare the similarities and differences of provisional remedies proceeding in the administrative litigation and civil procedure, also on the provisional command of administrative litigation in german law. In order to research the issues above, the writer have studied and abstracted the textbook of administrative litigation and civil procedure in Taiwan, and build the basic concept of provisional remedies proceeding. About the provisional command of administrative litigation in german law, the writer have read the commentbook wrote by Ferdinand O. Kopp/Wolf–Rüdiger Schenke and Erich Eyermann/Ludwig Fröhler mainly. The writer generalizes the concept of provisional remedies proceeding with the articles of law and textbook, then serch the related judgement in Taiwan. With the analysis of the scholarship and the practice, we can discover the contents of provisional remedies proceeding further. In addition, because the civil procedure of Taiwan developed earlier, it is necessary to deconstruct the elements and consequent of provisional remedies proceeding in civil procedure first, and contruct the the elements and consequent of provisional remedies proceeding in administrative litigation afterwards.(Chapter 1) In the writing, the writer have to clarify the relationship of the provisional remedies proceeding and suspention of enforcement. And we can come to a conclusion that the provisional remedies proceeding is very important in constructing seamless judicial remedies(Chapter 2). In the following, the writer introduces the provisional command of administrative litigation in german law, and digs out that the provisional command in german law is simpler in the concept and the law-system(Chapter 3). After the introducing of provisional command of administrative litigation in german law, the discussion of provional attachment, provisional injunction and injunction maintaining a temporary status quo in Taiwan come up in the thesis (Chapter 4, 5, 6). After the discussion above, the writer finds out that: (1)There is no suspension of enforcement in civil procedure in Taiwan, (2) the conservation command of the provisional command in german law is similar to provisional injunction procedure in Taiwan, (3) the regulation command of the provisional command in german law is similar to injunction maintaining a temporary status quo in Taiwan (Chapter 7). Additionally, the writer makes some charts to show the comparisons of provisional remedies proceeding of administrative litigation and civil procedure and provisional command of administrative litigation in german law as a brief conclusion of this study.
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Fejklová, Lucie. "Obnova řízení." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-310952.

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Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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Books on the topic "Remedial proceedings"

1

National Institute for Physical Planning and Construction Research. Bridge collapse: Causes, consequences and remedial measures : proceedings of a Seminar, Dublin, June 1987. An Foras Forbartha, 1987.

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Making of remedial orders: Report and proceedings of the Committee : seventh report, session 2001-02. Stationery Office, 2001.

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U.S. Dept. of Energy. Remedial action programs annual meeting: Proceedings : U.S. Department of Energy, Gaithersburg, Maryland, October 18-20, 1988. U.S. Dept. of Energy, Assistant Secretary for Nuclear Energy, Office of Remedial Action and Waste Technology, 1988.

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U.S. Dept. of Energy. Remedial action programs annual meeting: Proceedings : U.S. Department of Energy, Gaithersburg, Maryland, October 18-20, 1988. U.S. Dept. of Energy, Assistant Secretary for Nuclear Energy, Office of Remedial Action and Waste Technology, 1988.

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Freeman, Harry. Land disposal, remedial action, incineration, and treatment of hazardous waste: Proceedings of the Twelfth Annual Research Symposium. Hazardous Waste Engineering Research Laboratory, U.S. Environmental Protection Agency, 1987.

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Nicholas, Sitar, and American Society of Civil Engineers. Committee on Engineering Geology., eds. Geotechnical aspects of karst terrains: Exploration, foundation design and performance, and remedial measures : proceedings of a symposium. American Society of Civil Engineers, 1988.

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Hazardous, Waste Research Symposium (17th 1991 Cincinnati Ohio). Remedial action, treatment, and disposal of hazardous waste: Proceedings of the Seventeenth Annual Hazardous Waste Research Symposium, Cincinnati, OH, April 9-11, 1991. The Laboratory, 1991.

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Hazardous Waste Research Symposium (16th 1990 April 3-5 Cincinnati, Ohio). Remedial action, treatment, and disposal of hazardous waste: Proceedings of the Sixteenth Annual Hazardous Waste Research Symposium, Cincinnati, Ohio, April 3-5, 1990. The Laboratory, 1990.

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Lundgren, Tom A. Remedial action programs for sulphidic wastes from ancient mining in central Sweden. IN International conference on the abatement of acidic drainage, 2nd, Proceedings. s.n, 1991.

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Research Symposium on Land Disposal, Remedial Action, Incineration and Treatment of Hazardous Waste (12th 1986 Cincinnati, Ohio). Land disposal, remedial action, incineration, and treatment of hazardous waste: Proceedings of the Twelfth Annual Research Symposium at Cincinnati, Ohio, April 21-23, 1986. The Laboratory, 1986.

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Book chapters on the topic "Remedial proceedings"

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Roberts, Eric P., and Stephen L. Wendt. "Selection of Practical Remedial Alternatives." In Hazardous and Industrial Waste Proceedings. CRC Press, 2022. http://dx.doi.org/10.1201/9781003075905-13.

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Yussof, Rahmah Lob, Hafiza Abas, and Tengku Nazatul Shima Tengku Paris. "Persona Design Analysis of Digital Storybook for Remedial Students." In Proceedings of the International Conference on Science, Technology and Social Sciences (ICSTSS) 2012. Springer Singapore, 2014. http://dx.doi.org/10.1007/978-981-287-077-3_88.

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Jackson, Daniel P. "Evaluation of Ex-Situ Soil Washing as a Remedial Strategy for Heavy Metal Removal from Railyard Ballast." In Hazardous and Industrial Waste Proceedings. CRC Press, 2022. http://dx.doi.org/10.1201/9781003075905-20.

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Born, Gary B., and Joseph R. Profaizer. "Pre-Trial Proceedings in US Courts." In Banks and Remedies, 2nd ed. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003123194-8.

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Thebault, Y., P. Moulart, K. Dubourgnoux, et al. "PWSCC of Thermocoax Pressurizer Heaters in Austenitic Stainless Steel and Remedial Actions to Preventing SCC." In Proceedings of the 15th International Conference on Environmental Degradation of Materials in Nuclear Power Systems — Water Reactors. Springer International Publishing, 2011. http://dx.doi.org/10.1007/978-3-319-48760-1_133.

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Francioni, Francesco. "Overcoming the Judicial Conundrum: The Road to a Diplomatic Solution." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_19.

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AbstractThe role of international law and of international lawyers is at its best when it results in a ‘work of reconciliation and realistic construction’ (Dag Hammarskjöld, 1953). Unfortunately, it is difficult to find much of this spirit in the unfolding, regrettable and never-ending saga of Germany versus Italy. In answering the basic question of whether Germany is obliged to negotiate a settlement with Italy, this chapter argues that even if there is no hard and fast legal obligation, there is a political and moral obligation to negotiate a settlement, as indicated by paragraph 104 of the Jurisdictional Immunities Judgment of the International Court of Justice (ICJ); the same obligation is incumbent upon Italy. The current legal ‘black hole’ cannot be filled by further proceedings before the ICJ because immunity serves the value of the equality of states, yet equality is not a value in its own sake but is functional to the preservation of peaceful and orderly international relations and to the ‘realistic construction’ of conditions for the fulfilment of human rights. Negotiations in view of the creation of a joint German–Italian fund for the reparation of victims is the appropriate way to overcome the present impasse and to do justice to a whole class of victims who so far have fallen into oblivion.
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Kadelbach, Stefan. "State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_7.

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AbstractThis chapter first recapitulates the state of affairs as to the principle of state immunity and why exceptions from jurisdictional immunity for gross violations of human rights and humanitarian law are not recognized. It explores customary law and the global compensation treaty between Germany and Italy. Both indicate that Italy would be obligated to indemnify Germany from individual claims raised before Italian courts.In a second step, the development towards individual rights in public international law will be taken up. It appears that human beings are increasingly recognized as holders of individual claims but, apart from human rights treaty systems, lack the capacity under international law to invoke their rights before courts. Instead, they depend on their home states, which have standing but are not entitled to waive the individual rights of their citizens.In order to reconcile the seemingly antagonistic regimes of state immunity and claim settlement, prospects for a friendly solution of the present dilemma will be assessed. Against the background of cases pending before Italian courts, it will be examined whether the distinction between jurisdictional immunity and immunity from execution opens up a way out of the impasse, which the two states and private capital could pursue, and whether this solution would create a precedent for other similar constellations.Lastly, some concluding remarks will address lessons to be learnt for future conflicts. They will deal with elements of a general regime of compensation, drawing from the experience of both past reparation schemes and the experience of reconciliation in post-totalitarian societies. Such elements could be a duty to seek bona fide settlements, possible consequences of violations for domestic court proceedings, methods of assessing damages inspired by mass claim processing, the categorization of claims according to the gravity of violations, rules on evaluating evidence, procedures to give victims a say, and appropriate forms of monetary and non-pecuniary compensation including the necessary institutional framework.
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Pavoni, Riccardo. "A Plea for Legal Peace." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_5.

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AbstractThis chapter advocates legal peace between Germany and Italy as the most sensible and appropriate way to deal with the aftermath of Sentenza 238/2014 of the Italian Constitutional Court and its declaration of the unconstitutionality of the 2012 International Court of Justice (ICJ) Judgment in Jurisdictional Immunities. This plea does not only arise from frustration with the current impasse but also from the suspicion that the public good of legal peace has never seriously been canvassed by the Italian and German governments. Section II takes stock of the legal developments relating to the dispute between Germany and Italy since Sentenza 238/2014 was delivered. It especially focuses on the attitudes of the governments concerned, both in the context of the ongoing proceedings before Italian courts and elsewhere. It finds such attitudes opaque and unduly dismissive of the necessity to devise legal peace in the interest of the victims and of the integrity of international law. Section III highlights how the behaviour of the governments so far was at odds with the successful outcome of other intergovernmental negotiations concerning reparations for crimes committed during World War II (WWII), a process which has not been entirely finalized, as evidenced by the 2014 Agreement between the US and France on compensation for the French railroad deportees who were excluded from prior French reparation programmes. The Agreement between the US and France and all previous similar arrangements were concluded under mounting pressure of litigation before domestic courts against those states (and/or their companies) that were responsible for unredressed WWII crimes, thus a situation resembling the current state of the dispute between Germany and Italy. It is telling that litigation ended when the courts took cognizance of the stipulation of intergovernmental agreements establishing fair mechanisms for compensating the plaintiffs and victims of the relevant crimes. Such practice, therefore, is essentially in line with the proposition that state immunity (for human rights violations) is essentially conditional on effective alternative remedies for the victims. This and other controversial aspects related to the law of state immunity—such as the nature of state immunity, the North American remedies against immunity for state sponsors of terrorism, and the persistent dynamism of pertinent practice—are revisited in section IV. The purpose is to suggest that certainty about the law of international immunities, as allegedly flowing from the 2012 ICJ Judgment, is more apparent than real and that this consideration should a fortiori urge the realization of legal peace in the German–Italian affair.
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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Mather, Melissa L., J. A. Crowe, S. P. Morgan, et al. "Remedi: A Research Consortium Applying Engineering Strategies to Establish Regenerative Medicine as a New Industry." In IFMBE Proceedings. Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-89208-3_528.

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Conference papers on the topic "Remedial proceedings"

1

Simmons, Marvin D., Brook Brosi, and Tommy Haskins. "Remedial Treatment Exploration, Wolf Creek Dam (REPRINT)." In Proceedings of the Fourth International Conference on Grouting and Deep Mixing. American Society of Civil Engineers, 2012. http://dx.doi.org/10.1061/9780784412350.0097.

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NOVAC, Valerian. "BLACK SEA OIL SPILLS � PREVENTIVE AND REMEDIAL ACTIONS." In 19th SGEM International Multidisciplinary Scientific GeoConference EXPO Proceedings. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sgem2019/3.1/s15.087.

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Djajaputra, A. Aziz. "FUNCTIONAL FAILURE OF BUILDINGS AND THE REMEDIAL WORK." In Proceedings of the 3rd and 5th International Conference. WORLD SCIENTIFIC, 2011. http://dx.doi.org/10.1142/9789814365161_0017.

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Kettle, Clif, Matthew Brown, Vojtech Vrba, Jane Walbancke, and Andrew Rowland. "Carno Dam Case History of Investigation and Remedial Works." In Proceedings of the Fourth International Conference on Grouting and Deep Mixing. American Society of Civil Engineers, 2012. http://dx.doi.org/10.1061/9780784412350.0096.

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Carr, Patrick, and Michael Quasarano. "Construction Challenges During the Remedial Grouting of the Thames River Bridge." In Proceedings of the Fourth International Conference on Grouting and Deep Mixing. American Society of Civil Engineers, 2012. http://dx.doi.org/10.1061/9780784412350.0046.

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Hossain, J., M. S. Hossain, N. Lozano, and S. Khan. "NUMERICAL MODELING FOR REMEDIAL MEASURES OF SHALLOW SLOPE FAILURE USING RECYCLED PLASTIC PINS." In Proceedings of the 3rd and 5th International Conference. WORLD SCIENTIFIC, 2011. http://dx.doi.org/10.1142/9789814365161_0088.

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Hussain, Sayed Yusoff Syed, Wee Hoe Tan, and Muhammad Zaffwan Idris. "Digital Game-Based Learning for Remedial Mathematics Students: A New Teaching and Learning Approach in Malaysia." In Proceedings of the Serious Games Conference 2014. Research Publishing Services, 2014. http://dx.doi.org/10.3850/978-981-09-0463-0_011.

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KHAN, A. S. "STUDY TO FIND REMEDIAL MEASURES TO OVERCOME WATER LOGGING PROBLEM IN THE NOAKHALI AREA OF BANGLADESH." In Proceedings of the 13th IAHRߝ;APD Congress. World Scientific Publishing Company, 2002. http://dx.doi.org/10.1142/9789812776969_0131.

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Ueda, Emily, Christine Houston, Todd Graham, and Steve Cappellino. "Approach to Remedial Dredging for Legacy Contaminants, Port of Long Beach IR Site 7 West Basin Site." In Proceedings of Ports '13: 13th Triennial International Conference. American Society of Civil Engineers, 2013. http://dx.doi.org/10.1061/9780784413067.019.

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Maharani, Endang Tri Wahyuni, Rasdi Ekosiswoyo, Mr Supartono, and Mr Kardoyo. "Differences between Flexible and Conventional Remedial Learning Models towards Food and Beverage Analysis Course Learning Outcome." In Proceedings of the International Conference on Science and Education and Technology 2018 (ISET 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/iset-18.2018.28.

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