Judicial Accountabilities In New Europe
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Judicial Accountabilities In New Europe
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Author : Daniela Piana
language : en
Publisher: Routledge
Release Date : 2016-05-06
Judicial Accountabilities In New Europe written by Daniela Piana and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Law categories.
This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.
Law Enforcement By Eu Authorities
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Law Enforcement By Eu Authorities written by Miroslava Scholten and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with SOCIAL SCIENCE categories.
EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Judging The European Union
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Author :
language : en
Publisher:
Release Date : 1996
Judging The European Union written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Courts categories.
Judges Independence Efficiency And Responsibilities Recommendation Cm Rec 2010 12 And Explanatory Memorandum
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2011-01-01
Judges Independence Efficiency And Responsibilities Recommendation Cm Rec 2010 12 And Explanatory Memorandum written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Recommendation CM/Rec(2010)12 on the independence, efficiency and responsi¬bilities of judges updates a recommendation that the Committee of Ministers of the Council of Europe adopted in 1994. These new rules aim to promote the role of judges, improve both their efficiency and independence and clarify their duties and responsibilities. They take account of the new ideas and practices that have emerged in member states' judicial systems since 1994.This recommendation places emphasis on the independence of every individual judge and of the judiciary as a whole. The notion of "internal independence", which aims at protecting judicial decisions from undue internal influences, is one of the important new elements of the recommendation. Judicial "efficiency" is defined in a clear and simple manner. Additional measures on the selection and training of judges, their responsibility, and judicial ethics seek to strengthen the role of individual judges and the judiciary in general.Overall, the recommendation represents a significant step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which judges exercise their judicial functions is crucial to the protection of these rights and freedoms.
Perceptions Of The Independence Of Judges In Europe
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Author : Frans van Dijk
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
Perceptions Of The Independence Of Judges In Europe written by Frans van Dijk and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Political Science categories.
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Judicial Self Governance In The New Millennium
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Author : Tim Bunjevac
language : en
Publisher: Springer Nature
Release Date : 2021-01-29
Judicial Self Governance In The New Millennium written by Tim Bunjevac and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with Law categories.
This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-18
Judges And Democratization written by B. C. Smith and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-18 with Political Science categories.
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Networking The Rule Of Law
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Author : Cristina Dallara
language : en
Publisher: Routledge
Release Date : 2016-04-22
Networking The Rule Of Law written by Cristina Dallara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Transitional Justice Judicial Accountability And The Rule Of Law
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Author : Hakeem Yusuf
language : en
Publisher:
Release Date : 2010
Transitional Justice Judicial Accountability And The Rule Of Law written by Hakeem Yusuf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
"A GlassHouse book".--T.p.
European Yearbook Of Constitutional Law 2019
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Author : Ernst Hirsch Ballin
language : en
Publisher: Springer Nature
Release Date : 2019-12-02
European Yearbook Of Constitutional Law 2019 written by Ernst Hirsch Ballin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.