Results 21 to 30 of about 26,747 (200)

Decision to close the Policial Investigation: an analysis of the immutability of its effects

open access: yesRevista 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

The contribution of EU public procurement law to corporate social responsibility

open access: yesEuropean Law Journal, Volume 26, Issue 1-2, Page 9-26, March 2020., 2020
Abstract This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement.
Laurens Ankersmit
wiley   +1 more source

‘Transnationalising’ Ne Bis In Idem: How the Rule of Ne Bis In Idem Reveals the Principle of Personal Legal Certainty

open access: yesUtrecht 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 CONDITIONS OF ACTION IN THE CIVIL PROCEDURE CODE

open access: yesRevista 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

The Concept of Criminal Res Judicata and Its Distinction from Civil Res Judicata [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Res 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

Quo Vadis Patent Litigation: Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - In Search of the Bigger Picture on Patent Validity

open access: yesPotchefstroom 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 res judicata rule in jurisdictional decisions of the international Court of justice [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2014
The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the ...
Kreća Milenko
doaj   +1 more source

La banalisation de la remise en question de l'autorité de la chose jugée d'une décision juridictionnelle nationale en matière d'aides d'État

open access: yesEuropean 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

Taking a Second Bite at the Appeal Cherry: Molaudzi v S

open access: yesPotchefstroom Electronic Law Journal, 2016
The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry".
Donrich W Jordaan
doaj   +1 more source

THE CRIMINAL DOUBLE JEOPARDY AS A FUNDAMENTAL GUARANTEE OF THE ACCUSED: A BRAZIL – USA COMPARATIVE VIEW

open access: yesRevista Eletrônica de Direito Processual, 2016
This paper aims to present the institution of criminal “res judicata” as a fundamental guarantee of the defendant, in the light of a comparative analysis of the characteristics of the acquittal´s inviolabity in Brazil´s and United States of America´s ...
Flávio Mirza
doaj   +1 more source

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