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Journal articles on the topic 'Remedial proceedings'
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1
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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Bennett, GaryF. "Land disposal, remedial action, incineration and treatment of hazardous waste; proceedings from the thirteenth annual research symposium." Journal of Hazardous Materials 19, no. 3 (1988): 332–33. http://dx.doi.org/10.1016/0304-3894(88)80036-0.
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Bennett, GaryF. "Land disposal remedial action, incineration and treatment of hazardous waste: Proceedings of the fourteenth annual research symposium." Journal of Hazardous Materials 23, no. 3 (1990): 354–55. http://dx.doi.org/10.1016/0304-3894(90)85062-8.
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Семыкина, Ольга, and Olga Semykina. "Genesis of the Criminal Procedure on Liability of Legal Persons on Russia." Journal of Russian Law 4, no. 1 (2016): 0. http://dx.doi.org/10.12737/17239.
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The article deals with the legislative and doctrinal precondition of criminal liability of legal persons, which are accumulated a concept formed the basis of the judicial reform of 1864. The author studies the practice the first phase of the introduction in to the Russian criminal procedure enforcement of the measures applicable to legal persons for acts committed during preliminary investigation of crimes. In this context, the article lays emphasis on the norms of the Charter of criminal proceedings of 1864, which contain the procedural peculiarities of the application of such a measures to legal entities as closure, as well as monitors the judicial practice on the criminal liability of legal persons. The article gives a positive assessment of the approach of the legislator to the possibility of the implementation of remedial measures in criminal proceedings on such corruption crimes as crimes against property and income of the treasury. Given these positions, the author comes to the conclusion of the possibility of application of measures of criminal procedure liability of legal persons under preliminary investigation in criminal cases of crimes that infringe on budget forming industries.
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Bamforth, Nicholas. "Interim relief in the public law context." Cambridge Law Journal 58, no. 1 (1999): 1–48. http://dx.doi.org/10.1017/s0008197399211014.
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THE remedial aspects of judicial review illustrate in particularly vivid form the divergent nature of public and private law proceedings. The prerogative orders–mandamus, certiorari and prohibition–are available only via judicial review. Leave is required for judicial review but not for private law actions. By contrast with the private law writ procedure, judicial review must be brought promptly and within three months. In judicial review, a remedy can still be denied to the applicant who establishes a substantive case. As the Law Commission made clear in its Report Administrative Law: Judicial Review and Statutory Appeals, “[j]udicial review often involves values and policy interests, which must be balanced against and may transcend the individual interests, which are normally the subject of litigation between private citizens” (Law Com. No. 226, para. 2.1).
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Ryabinina, Tatyana. "Institute of Returning a Criminal Case to the Prosecutor in the System of Criminally-Remedial Means, Ensuring the Victim's Right to Protection from Crime and Access to Justice." Russian Journal of Criminology 14, no. 3 (2020): 512–26. http://dx.doi.org/10.17150/2500-4255.2020.14(3).512-526.
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The article deals with current and controversial issue in the criminal science, specifically the need for the Russian criminal justice process to have an institute to return a criminal case to the procurator at the stage of appointment and preparation of the court hearing. The author emphasizes that during the continuance of RSFSR Code of Criminal Procedure, a special emphasis was put on it as a guarantee of the delivery of justice and the rights of the participants in the proceedings, that put in place the arrangements necessary for an effective court trial. The goal of modern judicial reform is to establish an independent judiciary whose main function is the delivery of justice which can be implemented in criminal proceedings only in adversary criminal proceedings. Since the beginning of its implementation, attitudes towards the institution of returning a criminal case by a court to a procurator to correct lacunae, loopholes, contradictions, irregularities or flaws in pre-trial proceedings have changed dramatically. It is perceived as an attribute of the courts prosecutorial activities, which is inconsistent with its new role as an independent body to resolve legal disputes between a state and an individual awaiting for a founded and equitable decision from the court. Despite critical rhetoric towards the institution of returning the criminal case to the prosecutor, the author argues that it is necessary due to specific status of the first judicial phase in a staged system of Russian criminal justice process. This institute creates conditions for monitoring and verification activities of judges at this stage, and the corresponding authority of judges to determine the future course of criminal cases brought before the courts. However, the author concludes that the task of rectifying the shortcomings of the prosecution can be addressed at the preliminary hearing introduced by the Code of Criminal Procedure of the Russian Federation to resolve various contentious issues. When it is impossible to remove the obstacles that prevent the court from conducting a trial, the judge may, taking into account the views of the parties, decide to return the case to the prosecutor.
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Kestenbaum, Lionel. "Preventing Price Fixing by Israeli Banks: Antitrust Rules in Settlement of a Criminal Case." Israel Law Review 21, no. 2 (1986): 177–200. http://dx.doi.org/10.1017/s0021223700009031.
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Israel's Restrictive Trade Practices Law, 1959, after a period of relative quiescence, appears to have become the subject of significant enforcement efforts. A major event reflecting this development was the filing of criminal charges against the country's four leading banks (and a top executive of each) in mid-1984 for illegally combining to fix interest rates paid on negotiable certificates of deposit. The prosecution was eventually resolved early in 1986 by a plea bargain which included another major event – the first negotiation of remedial rules of conduct to prevent future violations (hereinafter the “Bank Rules” or “Rules”), which were hailed by the chief enforcement official, the Controller of Restrictive Practices, as adding an efficient and highly important tool to enforcement of the Law.The Bank Rules are similar to the consent decrees familiar to United States antitrust law. Indeed, the parties and the Chairman of the Restrictive Trade Practices Board, retired Supreme Court Justice D. Bechor, explicitly recognized and discussed the relevance of United States precedents in the proceedings which produced the Bank Rules. Just as the bank case has heightened awareness of the Law, so adoption of the Rules is probably a harbinger of remedies to come. The Bank Rules are thus of considerable practical relevance to counsel concerned with commercial contracts and practices as well as of general interest to those following the international diffusion of antitrust ideas.
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Macháčková, Karolina, Roman Dudík, Jiří Zelený, Dana Kolářová, Zbyněk Vinš, and Marcel Riedl. "Forest Manners Exchange: Forest as a Place to Remedy Risky Behaviour of Adolescents: Mixed Methods Approach." International Journal of Environmental Research and Public Health 18, no. 11 (2021): 5725. http://dx.doi.org/10.3390/ijerph18115725.
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This paper evaluates the impact of the forest environment on aggressive manifestations in adolescents. A remedial educative programme was performed with 68 teenagers from institutions with substitute social care with diagnoses F 30.0 (affective disorders) and F 91.0 (family-related behavioural disorders), aged 12–16 years. Adolescents observed patterns of prosocial behaviour in forest animals (wolves, wild boars, deer, bees, ants, squirrels and birds), based on the fact that processes and interactions in nature are analogous to proceedings and bonds in human society. The methodology is based on qualitative and quantitative research. Projective tests (Rorschach Test, Hand Test, Thematic Apperception Test) were used as a diagnostic tool for aggressive manifestations before and after forest therapies based on Shinrin-yoku, wilderness therapy, observational learning and forest pedagogy. Probands underwent 16 therapies lasting for two hours each. The experimental intervention has a statistically significant effect on the decreased final values relating to psychopathology, irritability, restlessness, emotional instability, egocentrism, relativity, and negativism. Forest animals demonstrated to these adolescents ways of communication, cooperation, adaptability, and care for others, i.e., characteristics without which no community can work.
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Oliwa, Mieczysław. "COUNTERACTING MOBBING IN THE PROBATION SERVICE." Probacja 4 (December 31, 2021): 129–62. http://dx.doi.org/10.5604/01.3001.0015.6046.
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This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.
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Kunz, C. "Indoor radon remedial action, the scientific basis and the practical implications. Proceedings of the 1st International Workshop held in Rimini, 27 June–2 July 1993." Journal of Environmental Radioactivity 27, no. 1 (1995): 91–92. http://dx.doi.org/10.1016/0265-931x(95)90025-t.
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Trstenjak, Verica. "Procedural Aspects of European Consumer Protection Law and the Case Law of the CJEU from the Perspective of Insurance Law." European Review of Private Law 21, Issue 2 (2013): 451–78. http://dx.doi.org/10.54648/erpl2013023.
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Abstract: Questions about the necessity to introduce uniform European consumer protection instruments in national procedural law count among the most divisive topics of contemporary consumer protection law. Thus, even though several European Union (EU) acts contain procedural provisions on the protection of consumers, the introduction of new procedural and remedial tools in this area of law remains controversial, as the Commission's initiatives on collective redress mechanisms clearly show. Against this background, the case law of the Court of Justice of the European Union (CJEU) plays a double role. On the one hand, the CJEU rules on the interpretation and the application of existing procedural consumer protection provisions of EU law, such as the provisions of the Brussels I Regulation on consumer contracts, which were interpreted in Pammer and Hotel Alpenhof. On the other hand, the CJEU has developed a significant line of case law on the duties of national courts and tribunals in cases concerning the judicial enforcement of individuals' rights derived from the consumer protection directives. This case law, which started with Océano Grupo and culminated in VB Pénzügyi Lízing, can entail far-reaching duties for national courts and tribunals to take positive action in order to support consumers in their legal proceedings aimed at the enforcement of their rights. Nevertheless, as the ruling in Banco Español de Crédito has again made clear, it would be premature to analyse this line of case law of the CJEU as a one-way evolution towards an ever deeper intrusion in the procedural law systems of the Member States.
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Tóth, Andrea Noémi. "A büntetőeljárás fő céljának érvényesülése a semmisségi panasz- és a felülvizsgálati eljárásban." Erdélyi Jogélet 4, no. 1 (2021): 171–78. http://dx.doi.org/10.47745/erjog.2021.01.14.
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The main goal of the ciminal procedure is the truth, and within this reaching substantive justice. In the first Code of Criminal Procedure of Hungary (Act No. XXXIII. of 1896), this was essential, too. Looking back at Ferenc Finkey, this study looks into whether substantive justice is available in the proceedings for legal remedy. It examines two remedies: the proceeding on complaint of nullity (in Act No. XXXIII. of 1896), and judicial review (in Act No. XC of 2017).
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Fellas, John. "How U.S. Courts Can Assist You with Your Arbitration Proceeding in Brazil." Revista Brasileira de Arbitragem 6, Issue 24 (2009): 65–76. http://dx.doi.org/10.54648/rba2009066.
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ABSTRACT: The article discusses three US statutes that enable parties to arbitration proceedings sited outside of the US to seek the assistance of US courts in aid of those proceedings. The first relates to the taking of evidence located in the US for use in an international arbitration proceeding (US federal statute - 28 U.S.C. § 1782). The second relates to provisional remedies for pre-award attachment or enjoining of the transfer of assets located in New York that might be used to satisfy an ultimate award, in aid of an arbitration in another country (New York state law - section 7502(c) of the New York Civil Practice Law and Rules). The third relates to the post-award location and attachment of assets to satisfy an actual award (New York State law - section 5225(b) of the New York Civil Practice Law and Rules). US courts can assist not only with the conduct of the arbitration proceedings themselves, but also with the preservation and maximization of assets available for the enforcement of any ultimate award.
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Jaśkiewicz, Jacek. "Judicial control of the effectiveness of activities related to public administration." Studia Administracji i Bezpieczeństwa 10, no. 10 (2021): 29–44. http://dx.doi.org/10.5604/01.3001.0015.6237.
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Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.
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Piątek and Matej Horvat. "A comparative analysis of limitations in administrative appeals in Europe: the case of Poland and Slovakia." Review of European Administrative Law 11, no. 2 (2018): 5–25. http://dx.doi.org/10.7590/187479818x15481611819895.
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The article focuses on the issue of administrative appeals and possible limitations in Poland and in Slovakia. The authors provide information on the efficiency requirements in administrative remedies and on the nature of administrative appeal. All these aspects are subsequently examined from a comparative perspective. The aim of the research is to analyse existing limitations in appeal systems and their impact on parties' rights and the efficiency of proceedings. These limitations discussed in appeals procedure are divided into three stages: at the initiation stage, in the course of the proceeding and at the termination stage. They further present other proposals for limitations to administrative appeals which have been taken into consideration in Polish and Slovak scholarship.
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Radovanov, Aleksandar. "Extraordinary legal remedies in litigation de lege ferenda." Glasnik Advokatske komore Vojvodine 75, no. 9-10 (2003): 131–36. http://dx.doi.org/10.5937/gakv0304131r.
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The author in his work presents current solutions in the Legal Proceedings Law pertaining to the issue of extraordinary legal remedies. He points out the weaknesses and obsoleteness of certain legal solutions and renders concrete proposals to amend these provisions, all with the goal of faster and more efficient case solving in legal proceedings. Inspection and repeat procedures should undergo considerable changes, and request to protect legality submitted by the state i.e. public attorney should be completely omitted as remnant of the past.
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Gajda-Durlik, Małgorzata. "Administrative legal remedies against decisions in social insurance cases." Gubernaculum et Administratio 2(24) (2021): 171–96. http://dx.doi.org/10.16926/gea.2021.02.26.
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In proceedings in social insurance cases, the system of appealing of decisions is based on a noncompetitive system of verification of decisions with the use of ordinary legal remedies. Due to the model of of appealing of decisions in the proceedings before the common court adopted in Article 83 act 2 of the SysUbSpołU, the possibility of the right to an administrative appeal was excluded, as well as the right to a complaint to an administrative court. However, this is not an absolute exclusion. Article 83 act 4 of the SysUbSpołU repealed the formula of a judicial appeal in favour of the construction of an application for reconsideration of the case and, as a further consequence, a complaint to an administrative court in particular categories of cases. The methodology and systemic coherence of such a procedure, the legal nature of the application for reconsideration of the case, as well as the legitimacy of excluding the option of legal protection in the proceedings before the common court in favour of the administrative court review remain to be considered.
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Banda, Talent, and Muthukrishnavellaisamy Kumarasamy. "Development of a Universal Water Quality Index (UWQI) for South African River Catchments." Water 12, no. 6 (2020): 1534. http://dx.doi.org/10.3390/w12061534.
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The assessment of water quality has turned to be an ultimate goal for most water resource and environmental stakeholders, with ever-increasing global consideration. Against this backdrop, various tools and water quality guidelines have been adopted worldwide to govern water quality deterioration and institute the sustainable use of water resources. Water quality impairment is mainly associated with a sudden increase in population and related proceedings, which include urbanization, industrialization and agricultural production, among others. Such socio-economic activities accelerate water contamination and cause pollution stress to the aquatic environment. Scientifically based water quality index (WQI) models are then essentially important to measure the degree of contamination and advise whether specific water resources require restoration and to what extent. Such comprehensive evaluations reflect the integrated impact of adverse parameter concentrations and assist in the prioritization of remedial actions. WQI is a simple, yet intelligible and systematically structured, indexing scale beneficial for communicating water quality data to non-technical individuals, policymakers and, more importantly, water scientists. The index number is normally presented as a relative scale ranging from zero (worst quality) to one hundred (best quality). WQIs simplify and streamline what would otherwise be impractical assignments, thus justifying the efforts of developing water quality indices (WQIs). Generally, WQIs are not designed for broad applications; they are customarily developed for specific watersheds and/or regions, unless different basins share similar attributes and test a comparable range of water quality parameters. Their design and formation are governed by their intended use together with the degree of accuracy required, and such technicalities ultimately define the application boundaries of WQIs. This is perhaps the most demanding scientific need—that is, to establish a universal water quality index (UWQI) that can function in most, if not all, the catchments in South Africa. In cognizance of such a need, this study attempts to provide an index that is not limited to certain application boundaries, with a contribution that is significant not only to the authors, but also to the nation at large. The proposed WQI is based on the weighted arithmetic sum method, with parameters, weight coefficients and sub-index rating curves established through expert opinion in the form of the participation-based Rand Corporation’s Delphi Technique and extracts from the literature. UWQI functions with thirteen explanatory variables, which are NH3, Ca, Cl, Chl-a, EC, F, CaCO3, Mg, Mn, NO3, pH, SO4 and turbidity (NTU). Based on the model validation analysis, UWQI is considered robust and technically stable, with negligible variation from the ideal values. Moreover, the prediction pattern corresponds to the ideal graph with comparable index scores and identical classification grades, which signifies the readiness of the model to appraise water quality status across South African watersheds. The research article intends to substantiate the methods used and document the results achieved.
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Kelly, Brian. "The Law and Economics of Simultaneous Countervailing Duty and Anti-dumping Duty Proceedings." Global Trade and Customs Journal 3, Issue 1 (2008): 41–50. http://dx.doi.org/10.54648/gtcj2008004.
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Two of the chief tools of US trade administration are countervailing duties, intended to eliminate the effects of foreign subsidies on US imports, and anti-dumping duties, intended to eliminate the effects of unfairly low prices on imported merchandise. When products are subject simultaneously to both types of trade remedies, care must be taken to avoid the double penalization of the imports. This article models the ‘level playing field’ rationale that underlies both types of trade remedies and extends that model to cases in which the remedies are applied concurrently. The results demonstrate that proposed changes to law and practice with respect to ‘non-market’ economy exporters would cause double penalization, creating an additional deadweight loss from trade regulation.
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Mróz-Szarmach, Dominika. "Uzupełnianie braków pism procesowych według Kodeksu postępowania cywilnego po nowelizacji wprowadzonej ustawą z dnia 4 lipca 2019 r." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 181–97. http://dx.doi.org/10.15584/znurprawo.2020.29.12.
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The amendment of Civil Procedure Code, was made by Act of 4 July 2019, introduces a lot of developments in the sphere of formal and fiscal pleadings’ defects remedying. New solutions regard inter alia unification of the results of failure to eliminate defects of pleadings by attorneys ad litem, extending terms for proceedings aimed at reforming specific pleadings’ defects and moving soi-disant reformatory proceedings with ordinary remedies to courts of second instance. The article discusses the amendments on the title issue, presents the assessment of its practical use as well as stresses certain de lege ferenda proposals in said matter.
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Imam, Ibrahim, and Yusuf O. Abdulhamid. "Prohibition of Stay of Proceedings in Criminal Litigations under ACJA/EFCC Acts and Speedy Dispensation of Justice: Olisah Metuh V FRN (2017) 5–7 MJSC 83." African Journal of Legal Studies 12, no. 3-4 (2020): 315–34. http://dx.doi.org/10.1163/17087384-12340054.
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Abstract Considering the reality that criminal proceedings suffer unwarranted delay due to spatial of antics habitually utilized by litigants to delay proceedings, this paper explores the judgment of the Supreme Court in Methu v FRN to determine whether, or not, exclusion of stay of proceedings is constitutional. The authors employed mainly doctrinal method, thus library based. It is established that antics and technicalities often employ by litigants/counsel in corruption cases constitute impediment to speedy trial of indicted individual in courts. The judgment under review validates the constitutionality of proscription of stay of proceedings and remedied the unwholesome attitude of litigants/counsel to deliberately delay/frustrate criminal proceedings. Similarly, the risk of denying the state of its synergy to fight corruption vide delay in securing expeditious hearing and trial of cases is extinguished and constitutional right of the accused, the victim of crime and the state to fair hearing within reasonable time reaffirmed. It is concluded that the innovative insertion of prohibition on stay of proceedings in the Administration of Criminal Justice Act (ACJA) and Economic and Financial Crime Commission (EFCC) Act mechanisms put in place to check delay in prosecuting crime of corruption, and therefore, does not infringe on the fundamental right of an accused person to fair hearing.
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Rousseau, Gilles. "Le recours en cassation dans le contentieux municipal." Les Cahiers de droit 21, no. 3-4 (2005): 715–86. http://dx.doi.org/10.7202/042410ar.
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This paper describes the specific nature of proceedings to quash decisions of local authorities under a number of provisions in Québec statutes. Similar provisions exist in the law of other Canadian provinces. Paying relatively scant attention to the historical background of such procedures, the paper highlights the limitations and deficiencies inherent in them. Not all interested parties may bring them ; not all decisions of local authorities may be reviewed in this way ; not all remedies are open to be sought, especially those of a monetary nature; and fairly stringent time-limits apply to them. Taken together, these constraints disclose the true nature of such proceedings : they are an additional safeguard given to ratepayers as specially interested parties, to broaden the access to judicial review of actions by local authorities. These constraints also explain to a large extent why the existence of that additional avenue of recourse has not materially affected the use of general administrative-law remedies, whether direct and offensive such as actions to annul or declarations, or indirect and defensive such as evocation or exception on grounds of illegality.
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Árva, Zsuzsanna. "New Administrative Proceedings − More Effective Consumer Protection." Acta Universitatis Sapientiae Legal Studies 8, no. 1 (2019): 5–21. http://dx.doi.org/10.47745/ausleg.2019.8.1.01.
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The following study presents new developments in the field of administrative proceedings in Hungary. It outlines the implementation of new regulations destined to simplify and accelerate the administrative procedure, inter alia, by the use of automated decision making and summary procedures, the institution of a new method for calculating administrative time limits, and a differentiated procedure in the case of proceedings initiated at the motion of administrative authorities. The paper also analyses the changes in legal remedies available to clients appealing against decisions rendered during an administrative procedure. The author concludes that the overall direction of change is positive; however, during the implementation of the new rules, temporary difficulties may occur.
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Ward, Angela. "Indirect taxes and national remedies." Cambridge Law Journal 58, no. 1 (1999): 1–48. http://dx.doi.org/10.1017/s0008197399331019.
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IN Case C-188/95 Fantask A/S and Others v. Industriministeriet (Erhvervsministeriet) [1997] E.C.R. I-6783 the European Court of Justice provided further guidance on the interpretation of Council Directive 69/335 EEC of 17 July 1969 concerning indirect taxes on the raising of capital (O.J. English Special Edition 1969 (II), p. 412), as most recently amended by Council Directive 85/303/EEC of 10 June 1985 (O.J. 1985 L 156, p. 23), and elaborated its case law concerning Member State remedies and procedural rules. More particularly, it was held that a national rule which would have allowed Danish authorities to escape the duty to refund charges levied in breach of the Directive on the ground of “excusable error” rendered Community law impossible in practice or excessively difficult to enforce (Case 199/82 Amministrazione delle Finanze dello Stato v. San Giorgio [1983] E.C.R. 3595), while a five-year time limit for bringing proceedings under Danish law was upheld as a reasonable limitation period (cf. Case C-208/90 Emmott v. Minister for Social Welfare and the Attorney General [1991] EC.R. I-4269).
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Piérola, Fernando. "Practical Considerations for Trade Remedies Disputes at the National And World Trade Organization Levels Part 4: How to Act in WTO Disputes on Trade Remedies." Global Trade and Customs Journal 2, Issue 5 (2007): 209–16. http://dx.doi.org/10.54648/gtcj2007026.
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In this article, the author presents considerations of a practical nature that may be relevant in a WTO dispute on trade remedies. The author assumes the perspective of both an exporting country challenging a trade remedy and its related investigation, and an importing countrymaking the corresponding defence. These considerations are presented in accordance with the sequence of procedural steps that arise in a WTO dispute, including panel proceedings and appellate review.
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Hulkó, Gábor. "Legal Remedies against State Funding Decisions in Slovakia." Public Governance, Administration and Finances Law Review 1, no. 1 (2016): 102–12. http://dx.doi.org/10.53116/pgaflr.2016.1.7.
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Legal remedies against decisions of central state administration or special administrative bodies instead of the standardly used appeal (which is more or less identical in all Visegrad states) special types of legal remedies step in, which can be still considered as ordinary remedies. In Slovakia, the standard legal remedy in administrative procedures is the appeal (in case of organs of central administration called remonstrance) regulated by Act no. 71/1976 on Administrative Proceedings, however in case of special organs this regulation is often overwritten by special rules and by special legal remedies. Latter mentioned – from a jurisprudential point of view - raising the question, whether they can really serve as a tool for a real legal remedy if they represent an effective tool of decision supervision. The following case study introduces the standard procedure of use of such special legal remedy against a decision of the State Fund for Housing Development in Slovakia.
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Katsikis, Dimitrios. "Breach of the agreement to arbitrate due to third party conduct." Arbitration International 37, no. 1 (2021): 97–119. http://dx.doi.org/10.1093/arbint/aiab001.
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Abstract It is widely accepted, especially in common law jurisdictions, that foreign proceedings may give rise to a breach of the agreement to arbitrate, entitling the aggrieved party to damages and specific performance. In the vast majority of cases, foreign proceedings amounting to a breach of the agreement to arbitrate are initiated by a party bound by that agreement. This article explores whether foreign proceedings are in breach of the agreement to arbitrate even when these are commenced by a person not party to that agreement (a ‘third party’), a question that has received little to no direct treatment to date. The article proposes that the conduct of a third party can, and in certain circumstances should, be treated as giving rise to a breach of the agreement, entitling the aggrieved party to remedies. The article then explores what these circumstances are, and considers what legal bases the aggrieved party may be able to rely on as routes to a remedy.
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Braun, Susanne. "German Insolvency Act: Special Provisions of Consumer Insolvency Proceedings and the Discharge of Residual Debts." German Law Journal 7, no. 1 (2006): 59–70. http://dx.doi.org/10.1017/s2071832200004405.
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Information about the insolvency of big enterprises such as Enron and Worldcom in the United States; Bremer Vulkan, Philip Holzmann, Babcock Borsig, CargoLifter, Walter Bau and “Ihr Platz GmbH & Co KG” in Germany; and discussion about the insolvency of States (e.g. Argentina) has awakened public interest in insolvency law and proceedings. Both the high number of insolvent enterprises and the increasing rate of consumer insolvency are shocking.The German Insolvency Act of 1999 created a uniform insolvency statute for all of Germany. In most cases, upon the instituting of insolvency proceedings, only small or no-insolvency estates were available. As a result, creditors only received average distributions of between three and five percent. Approximately three quarters of all insolvency procedures could not be instituted because of an insufficient insolvency estate. A large number of the insolvency proceedings carried out by the courts had to be terminated prematurely due to lack of assets. This deficiency in the law, referred to as the “bankruptcy of bankruptcy,” is to be remedied by the new Insolvency Act, as a failure in instituting insolvency proceedings is damaging confidence in the German economy.
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Ajeti, Arbnor Ajet. "The Right to Use Legal Remedies Against Court Decisions in Contested Procedure." Sriwijaya Law Review 4, no. 1 (2020): 9. http://dx.doi.org/10.28946/slrev.vol4.iss2.428.pp9-22.
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The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.
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Bazarova, Yu I. "Improving criminal remedies for the rights of creditors in bankruptcy proceedings." Право и государство: теория и практика, no. 11 (2020): 192–94. http://dx.doi.org/10.47643/1815-1337_2020_11_192.
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Andenas, Mads. "R Nazzini, Concurrent Proceedings in Competition Law — Procedure, Evidence and Remedies." European Business Law Review 16, Issue 4 (2005): 951–52. http://dx.doi.org/10.54648/eulr2005043.
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Dalkowska, Anna. "Legal status of a third party within the meaning of Article 527 of the Civil Code in enforcement procedure based on a judgment in favour of a Paulian (fraudulent conveyance) claim." Nieruchomości@ I, no. I (2022): 41–62. http://dx.doi.org/10.5604/01.3001.0015.8062.
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Admissibility of the Paulian (fraudulent conveyance) claim, a civil law institution referred to in Article 527 of the Civil Code3, for the protection of debts governed by public law no longer raises any doubts. The Paulian action gives an opportunity to protect a creditor of public receivables against actions undertaken by a debtor to the detriment of the creditor. The judgment has the effect of an absolute invalidity of the act-in-law of the debtor and the third party with respect to the creditor, hence it makes it possible to proceed with enforcement measures against the third party’s assets on the basis of an instrument permitting enforcement issued against the debtor. The legal status of the third party in an extended administrative enforcement versus the creditor, the obligated party and the enforcement authority has not been defined in any legal provisions on enforcement proceedings in administration. Despite an extensive catalogue of legal remedies, the applicable legal provisions fail to guarantee appropriate instruments for the protection of a third party, who does not formally become a participant of the enforcement proceedings and thus cannot use the legal remedies available to participants despite being compelled to endure enforcement measures directed against its assets as a result of the Paulian judgment.
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Havu, Katri, and Suvi Kurki-Suonio. "Damages Liability of the EU for Harm Caused by Excessive Duration of Court Proceedings." European Public Law 27, Issue 2 (2021): 305–30. http://dx.doi.org/10.54648/euro2021014.
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In January 2017, the European Union was ordered to pay damages to two companies because of excessively long court proceedings before the General Court, the first time such an order had been made. At this point, a number of EU Courts’ judgments that address damages liability for excessively long court proceedings can be found. According to the European Court of Justice, a damages claim is an appropriate and effective remedy in a case of a failure to adjudicate within a reasonable time. This contribution systematizes and analyses recent EU level case law regarding the excessive duration of court proceedings with damages as a remedy. A particular emphasis is placed on examining the relevant case law against the backdrop of existing EU damages liability law. We particularly study how the conditions of harm and causation are interpreted and applied in the EU level ‘excessive duration cases’. We discuss and summarize the theoretical and practical implications of the excessive duration liability case law, as well as highlight particularly interesting details from recent judgments. EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law
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Wilman, Folkert. "The end of the absence? The growing body of EU legislation on private enforcement and the main remedies it provides for." Common Market Law Review 53, Issue 4 (2016): 887–935. http://dx.doi.org/10.54648/cola2016088.
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Private enforcement is essential in the EU legal order. It has however long been left mainly to the Member States to lay down the rules on remedies and procedures that apply in such proceedings before their national courts. Nevertheless, with a view to facilitating this form of enforcement and addressing concerns in light of the reliance on national law, the EU has established a growing body of secondary EU law on the matter. This paper analyses that body of law. It concentrates on the four main private enforcement remedies (actions for damages, injunctive relief, contractual remedies, interim relief) provided for in selected acts of EU legislation relating to four fields of law (public procurement, intellectual property, consumer protection and competition law). It seeks to shed light also on the content and functioning of this kind of EU legislation more generally and on how it fits into the broader body of EU law.
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Maher, Gerry, and Barry J. Rodger. "Provisional and Protective Remedies: The British Experience of the Brussels Convention." International and Comparative Law Quarterly 48, no. 2 (1999): 302–39. http://dx.doi.org/10.1017/s0020589300063211.
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It is a well-known facet of litigation that the first step is often more important than any to follow. Virtually all legal systems bestow on litigants a variety of interim and provisional remedies. These remedies have a number of different functions and rationales but two in particular are thought to be fundamental.1 First, protective remedies provide a litigant with a degree of protection by ensuring that the status quo is preserved while the litigation is proceeding; second, these remedies secure the position of a litigant not only during the course of an action but also once it is over and he has judgment in his favour. This second function is usually achieved, in one way or another, by tying up and freezing the property of the other party to the action.2 However, protective remedies also serve other functions. Some remedies exist to promote the interest of a party in the advancement of his case (e.g. orders for disclosure of evidence), whereas others provide a litigant with part of the overall final remedy or judgment that he is seeking to gain from the action (e.g. interim payment or interim damages).
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Fons, Manuel Penadés. "Beyond the prima facie effectiveness of arbitration commitments in EU merger control." Common Market Law Review 49, Issue 6 (2012): 1915–49. http://dx.doi.org/10.54648/cola2012120.
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In the last decade, the use of arbitration in merger control has gained ample support from European institutions, scholars and practitioners, and there is consensus as to its benefits and efficiencies for the enforcement of behavioural remedies. However, in the vast majority of cases this position is based on vague allegations about the general advantages of arbitration, which lack substantive analysis of the operability of the mechanism when in comes to its implementation. This paper argues that when looking beyond that prima facie effectiveness, arbitration commitments - as currently drafted - are deficient and will result in pathological proceedings should they be triggered by third parties. The improvement of these weaknesses is necessary to guarantee the real enforceability of behavioural remedies and the effectiveness of EU merger control.
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Shookman, Jamie. "Too Many Forums for Investment Disputes? ICSID Illustrations of Parallel Proceedings and Analysis." Journal of International Arbitration 27, Issue 4 (2010): 361–78. http://dx.doi.org/10.54648/joia2010021.
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Parallel proceedings occur when the same cause of action is adjudicated in more than one forum, either before multiple domestic courts, domestic and international courts, or before multiple international forums. Parallel proceedings are problematic at both the national and international levels as they waste money and conflicting results undermine legal certainty. The doctrines of lis pendens and res judicata are the most common solutions to managing the problem, yet both are difficult to apply in the arbitration context. Other mechanisms, such as anti-suit injunctions, so-called umbrella clauses, and fork-in-the-road clauses, are therefore intended to target the problem of parallel proceedings in international arbitration. Parallel proceedings are particularly problematic in investment arbitration because of features in investment treaties such as bilateralism, non-exclusivity, exclusion of local remedies and multiple investor claims. Two recent ICSID cases, SGS v. Pakistan and Toto v. Lebanon, reveal some of the current problems with creating rules on parallel proceedings in investment arbitration. The cases demonstrate that the distinction between treaty claims (which trigger ICSID jurisdiction) and contract claims (which are typically adjudicated in national courts) is untenable and likely to increase future parallel proceedings. The distinction is especially difficult to maintain because determining the nature of a claim is often a question of interpretation, and arbitral tribunals are hesitant to scrutinize a claimant’s formulation of its cause of action. The two cases also show the uncertain force of choice-of-forum clauses and how they often allow arbitrators to simply bypass parties’ previous agreements. Finally, umbrella clauses have created much confusion, as previous arbitral tribunals have interpreted nearly identical clauses in four different ways. The uncertainty surrounding the future management of parallel proceedings highlights deeper, unsolved questions regarding the power private international law affords multinational enterprises vis-à-vis sovereign states in an increasingly global legal order.
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Pilkov, K. M. "Res judicata and related doctrines of finality of judgments: comparative aspect." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 15–21. http://dx.doi.org/10.24144/2788-6018.2021.03.2.
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The article contains the results of the analysis of the development of res judicata doctrine into a multicomponent doctrine with different meaning in different legal systems of the world, as well as points out the difficulties of distinguishing this doctrine among other doctrines that have claim preclusive or issue preclusive effects. The article focuses on the broad and narrow meaning of res judicata, procedural links that this principle may have with the application of the estoppel rule in court proceedings. The article pays special attention to three doctrines related to res judicata: full faith and credit; election of remedies and law of the case doctrines. The doctrine of full faith and credit in the US procedural law is viewed as a branch of res judicata. In contrast to res judicata, the doctrine of election of remedies is largely based not on respect for the finality of the judgment, but on the principle of estoppel and thus might be applied in order to bar a subsequent cause of action containing claims that are inconsistent with remedies prayed for in the already considered cause of action, rather than to bar the relitigation of already litigated case. The law of the case doctrine, as it has been developed in the US procedural law and adopted in some other countries, in particular India, is related to res judicata in that both are aimed at ensuring legal certainty and the stability of court judgments. However, unlike res judicata, the law of the case doctrine to some degree allows the discretion of the court, or rather its application is discretion based, it is purely procedural and concerns the stability and consistency of the court's rulings in the same case, rather than the conclusive effect of the final judgment for subsequent proceedings. The article argues that these doctrines, especially the election of remedies doctrine and the law of the case doctrine or their elements can be used to address the problems of fairness and consistency of judgments in procedural law.
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Prasse, David P., and Daniel J. Reschly. "Larry P.: A Case of Segregation, Testing, or Program Efficacy?" Exceptional Children 52, no. 4 (1986): 333–46. http://dx.doi.org/10.1177/001440298605200405.
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The premier case involving bias in intelligence tests and placing children in programs for the mildly retarded is discussed. Larry P. v. Riles was a class action law suit involving disproportionate placement of minorities in classes for the educable mentally retarded in the State of California. The article provides the backdrop for initiation of the case and outlines the specific findings and remedies. The underlying implicit and explicit issues which were central to the judicial proceedings are discussed.
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De Brabandere, Eric. "Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 253–79. http://dx.doi.org/10.1163/157180312x640679.
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Abstract The recent IFAD Advisory Opinion of the ICJ has resuscitated the long-standing question of the access of individuals to the Court in advisory proceedings when the Court is acting as a ‘review’ body for judgements rendered by administrative tribunals of international organizations. Under such circumstance, the ICJ is confronted with the existence of an actual underlying dispute between two parties, although only one of the parties to the original dispute may appear before the Court, thus creating an obvious inequality before the Court. This article examines the review procedure before the ICJ, and the position of the individuals before the ICJ in such proceedings. In particular, this article discusses the different inequalities resulting from such procedures, and how the ICJ has remedied these in order not to use its discretion to not reply to the request for an advisory opinion.
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Radončić, Mina. "Judicial avenues for upholding the international rule of law: the downing of MH17 case." Eudaimonia, no. 5/2021 (August 31, 2021): 5–36. http://dx.doi.org/10.51204/ivrs_21101a.
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The article seeks to identify the means in which key principles of the international rule of law are applied in practice. It postulates that the plurality of available legal remedies fosters the international rule of law development. The article evaluates the ongoing and potential legal proceedings against States in relation to the 2014 downing of flight MH17 and their interplay. With the exception of the individual and the Dutch inter-State application, three international bodies are currently tackling the dispute from a perspective wider than the MH17 incident – namely, the situation in Eastern Ukraine (and Crimea). The objective of this article is to showcase the different efforts to bring justice by ramifying the MH17 case within them. The article chiefly focuses on the ongoing proceedings seeking State responsibility – the International Court of Justice (ICJ), and the European Court of Human Rights (ECtHR).