Processing War Crimes in front of National Courts in the Region – Between International Obligations and Real Politics [PDF]
The fight against impunity for war crimes is one of the basic principles of international law. The criminal prosecution of the perpetrators of these crimes stems from international obligations that states have for the purpose of establishing facts and ...
Sabina Subašić Galijatović
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The concept of habitual residence in selected sources of EU private international law and jurisprudence of the Court of Justice of the European Union: Functional approach versus strict textualism [PDF]
The concept of habitual residence is an important connecting factor in contemporary EU Private International Law (EU PIL). In this paper, the author examines this concept through content analysis and comparative analysis of selected sources of EU PIL and
Dragišić Radmila
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"How exactly is it done here?" Conducting cross-jurisdictional research with judges and court staff
The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research ...
Paula Hannaford-Agor
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Application of the EU law in Latvian courts [PDF]
This article outlines the main changes that the system of Latvian courts faced after Latvia's accession to the EU. In the legislative field Latvia has added in its procedural laws general provisions that incorporate EU law into Latvia's legal system, as ...
Buka Arnis, Broks Edmunds
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ECHR and national constitutional courts [PDF]
Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved
Nastić Maja
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The study addresses the issue of judicial independence from the perspective of EU law. As the system of protection of rights conferred by EU law is dualistic in nature, apart from exceptional cases in which individuals have a locus standi in direct ...
AGNIESZKA KASTELIK-SMAZA
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The new judicial federalism: the evolving relationship between EU and Member State courts
A wind of change is blowing through the European judicial landscape. During the past decade, the European Union (EU) judiciary has undergone its biggest institutional overhaul in generations, the rise of authoritarian populism in Central and Eastern ...
Jan Zglinski
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Conunents on Wagar' s "Toward a Praxis of World Integration"
Warren Wagar's 1995 ASA paper is an attempt to articulate a view of global political praxis culminating in a "democratic, liberal, and socialist world commonwealth." This is an admirable idea, but do the ideas in that paper get us closer to its ...
Richard Schauffler
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Judicial Perspectives on Emotion, Emotion Management, and Judicial Excellence in the USA
In the USA, state court judges receive little to no specialized judicial training prior to assuming the duties of office. To support quality judicial performance, states must make strategic use of limited resources.
Jennifer K Elek
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The early warning system and the monti II regulation: the case for a political interpretation [PDF]
Human rights protection - Proportionality - Deference - Procedural rationality - Process-review - Interplay national courts and Strasbourg ...
Goldoni, Marco
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