Results 11 to 20 of about 249 (141)
Prezența militară rusească în Republica Moldova prin prisma jurisprudenței CEDO / Russian military presence in the Republic of Moldova in the light of ECHR jurisprudence [PDF]
Plural: History, Culture, Society, 2021 In the article below, I analyze the role of the Judgment of the European Court of Human Rights in the case of Ilașcu and others v. Moldova and Russia. This judgment, being pronounced by an international tribunal, benefits from the authority and power ...
Alexandru Tanase
doaj +1 more source
Early Dismissal Mechanism in Investment Arbitration [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020 The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to,
vahid bazzar
doaj +1 more source
Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2023 The integration, at national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the ...
S.-G. Barbu, C.-M. Florescu
doaj +1 more source
Decision to close the Policial Investigation: an analysis of the immutability of its effects
Revista Brasileira de Direito Processual Penal, 2018 The immutability of the decision to close the police investigation and the other information is a subject that is not very much regulated by law and is problematic in Brazilian criminal procedural theory, especially in view of the edition of the ...
Antonio Eduardo Ramires Santoro
doaj +1 more source
Utrecht Law Review, 2013 Since Article 54 of the Convention implementing the Schengen Agreement gave the rule of ne bis in idem a transnational dimension, talk of the ‘transnational ne bis in idem principle’ has been commonplace.
Juliette Lelieur
doaj +1 more source
The Concept of Criminal Res Judicata and Its Distinction from Civil Res Judicata [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i KiyfarīRes judicata is recognized as one of the foundational principles of modern judicial systems. In civil law, its primary aim is to prevent the re-litigation of disputes and to avoid conflicting judgments. Accordingly, invoking this principle in civil cases
Mohammad Ashoori +2 more
doaj +1 more source
THE CONDITIONS OF ACTION IN THE CIVIL PROCEDURE CODE
Revista Eletrônica de Direito Processual, 2021 The present paper analyzes the situation of the conditions of action in the Civil Procedure Code of 2015. It relates to its maintenance and the moment of verification, due to repercussions of practical-theoretical order that rise mostly from creating or ...
Paulo Afonso Brum Vaz, Gabriela Grock
doaj +1 more source
Potchefstroom Electronic Law Journal, 2021 In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC).
Bonginkosi Shozi, Yousuf Vawda
doaj +1 more source
The difference between the power of res judicata and the authority of res judicata
The Journal of the National Institute of Justice, 2021 The court’s decision is a final product of the judicial activity, aimed to ensure the protection of the persons contested rights, freedoms or legitimate interests. However, in order to establish an effective protection, it is important that the court decision is final has the authority of res judicata. In specialized literature, configured two concepts
openaire +1 more source
European Papers, 2016 (Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 335-337 | European Forum Highlight of 16 April 2016 | (Abstract) Klausner Holz marks a further step in the determination of the relationship between the European law of ...
Vincent Couronne
doaj +1 more source