Results 21 to 30 of about 1,578 (168)

Supremacy Rule of Law in the Service of a Depoliticised Democracy—Pondering the Nature of the EU's ‘Social Contract’

European Law Journal, EarlyView.
ABSTRACT Seeing the EU roughly as a political system designed to remove the most essential political decisions from democratic control, while in a large part abiding by legal frameworks, we could speak about an opposition between technocratic legalism and democracy.
Dimitry V. Kochenov, Jacquelyn D. Veraldi   +1 more
wiley   +1 more source

Exploring and Explaining the Use and Proliferation of Whole Life Orders in England and Wales

The Howard Journal of Crime and Justice, EarlyView.
ABSTRACT Whole life orders (WLOs) represent the power of the state to inflict harm at its most extreme, with such sentences being found to be in breach of the European Convention on Human Rights. However, very little research has endeavoured to understand the use of WLOs.
Hannah Gilman, Jake Phillips
wiley   +1 more source

Changing interpretations: freedom of association in Germany and the United Kingdom

Journal of Law and Society, EarlyView.
Abstract This article examines the transformation in the dominant understanding of freedom of association in Germany and the United Kingdom (UK) within the context of industrial relations liberalization. It argues that both countries have experienced a shift from collectivist to individualist interpretations of freedom of association, driven by a ...
FELIX SYROVATKA
wiley   +1 more source

Cloistered justice: The opposing trends of barricade and respective secrecy

Journal of Law and Society, EarlyView.
Abstract Two recent reports illustrate contrasting trends in open justice exceptions conceptualised as respective and barricade secrecy. Respective secrecy protects the parties involved and their constitutive social ties and, as evaluation report into the Family Court Transparency Pilot indicates, has been shrinking.
LYDIA MORGAN
wiley   +1 more source

Real Transparency and Real Oversight of Law Enforcement Data. The ECHR and the Lack of Accountability of Indirect Access Procedures

Utrecht Law Review
The present paper looks at the right of access to one’s data, especially in the law enforcement sector, as developed by the European Court of Human Rights (ECtHR) with regard to the right to private life (Article 8) and to effective remedies (Article 13)
Diana Dimitrova, Paul De Hert
doaj   +1 more source

PROPERTY RESTITUTION – A TYPE OF REPARATIONS MEASURE IN ROMANIA [PDF]

Challenges of the Knowledge Society, 2019
The paper intends to highlight the manner in which property restitutions starting with 2001, in Romania, have accomplished the functions of a reparations measure.
Bianca Elena RADU
doaj  

Acknowledging the past in the post‐truth era: Witch‐hunts, lawfare and the veterans’ amnesty in Northern Ireland

Journal of Law and Society, EarlyView.
Abstract Using the amnesty introduced by the Boris Johnson government designed to protect British army veterans who served in Northern Ireland as a case study, this article examines the intersection between law, politics and the legacy of conflict. The article first offers an account of the amnesty's genesis and traces the evolution and deployment of ...
KIERAN MCEVOY
wiley   +1 more source

APPROVAL (PERMISSION) OF THE AUTHORIZED ORGAN AS A CONDITION FOR GAINING OWNERSHIP OVER ESTATE BY A FOREIGN CITIZEN

Pravo, 2007
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Slavoljub Carić
doaj  

La chiusura del dialogo “giudice a giudice” come extrema ratio nella sentenza L.G. c Krajowa Rada Sadownictwa

European Papers
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 275-286 | European Forum Insight of 15 July 2024 | (Table of Contents) I. Introduzione. - II.
Miriana Lanotte
doaj   +1 more source

The Use of ECtHR Case Law by the CJEU: Instrumentalisation or Quest for Autonomy and Legitimacy?

European Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 323-330 | Dialogue | (Table of Contents) I. Introduction. – II. Post-Charter situation at first glance. – III. Post Charter situation: Second thoughts.
Romain Tinière
doaj   +1 more source