Results 11 to 20 of about 959 (184)
Are fair trial rights general principles of transnational criminal law (TCL)? If so, how do they protect individuals who are affected by transnational proceedings? Posing these questions in the context of international cooperation efforts aimed at ‘asset
Radha Dawn Ivory
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Fair Trial in 'Mothers of Srebrenica et al'.: Guessing as a Form of Reasoning
On 19 July 2019, the Dutch Supreme Court ('Hoge Raad') rendered the final judgment in the proceedings led by Stichting Mothers of Srebrenica (‘Mothers’), a foundation established under the Dutch law, in the interests of more than 6,000 surviving ...
Zane Ratniece
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Unconstitutionality of the General Administrative Procedure Act: The Constitutional Court as the 'positive legislator' [PDF]
The Constitutional Court of Serbia declared Article 178(3) of the General Administra-tive Procedure Act (GAPA) unconstitutional. This provision sets an objective deadline for reopening of the administrative procedure.
Cucić Vuk
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Asset Freezing: Smart Sanction or Criminal Charge?
In this article the question is asked whether asset freezing can be qualified as a criminal charge within the meaning of Article6 ECHR and if yes, what effects this qualification may have on the legislative framework on so called smart sanctions ...
Melissa van den Broek +2 more
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The commentary raises the problem of the admissibility of the issuing cumulative penalty in cumulative judgement by appeal court for the first time or issuing that penalty within the different scope of punishment, from the perspective of the power to ...
Dawid Marko
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This article analyzes the contribution of the European Convention on Human Rights (ECHR) and of the European Court of Human Rights to the protection of the rights of children in conflict with the law.
Paula Casaleiro
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Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights [PDF]
Right to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention.
Dajović Goran, Spaić Bojan
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Sports in the Case-Law of the European Court of Human Rights
Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe.
Jakub Czepek
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“Equality of arms” in criminal procedure in the context of the right to a fair trial
The level of realization of the right to a fair trial is one of the crucial indicators of democracy in any state. In order to ensure this right, all the minimum standards deriving from it must be clearly understood by law enforcement agencies and their ...
Fardin Y. Khalilov
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Article 6 ECHR, Civil Rights, and the Enduring Role of the Common Law [PDF]
This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and ...
openaire +1 more source

