Council Decision Research Articles

General characteristics of decisions within the disciplinary proceedings against a judge as a subject of judicial appeal

Improving the procedure for bringing judges to disciplinary responsibility is one of the important elements of judicial reform and strengthening the independence, professionalism and integrity of the judiciary. An integral element of such a procedure, on which its effectiveness largely depends, is judicial control over the decisions of the disciplinary body of judges. The article attempts to analyze the existing procedure for disciplinary proceedings against a judge from the perspective of the possibilities of judicial appeal against decisions made within this procedure.
 The aim of the work is to analyze the procedure for disciplinary proceedings against a judge, to identify the decisions which may be made within this procedure and to analyze them from the perspective of the possibilities of judicial appeal through the prism of the Supreme Court case law.
 The methodological basis of the study consists of general scientific and special research methods.
 Based on the results of the study, the author analyzed the statutory regulation of the procedure for disciplinary proceedings against a judge and the relevant case law of the Supreme Court. The results of the analysis showed that currently, decisions made within the framework of disciplinary proceedings against judges are not subject to judicial review, and only decisions of the High Council of Justice made upon review of the decision of the Disciplinary Chamber to bring judges to disciplinary responsibility can be appealed in court. The validity of such restrictions should be the subject of further research. In addition, certain provisions of the legislation on the possibility of appealing against decisions of the Disciplinary Chamber appear to be discriminatory, which has been recognized by the state.

The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP)

The final and binding phrase on the DKPP decision in the provisions of Article 458 paragraph (13) of the Election Law was submitted for judicial review through the Constitutional Court decision Number RI 32/PUU-XIX/2021. In the provisions of Article 458 paragraph (13), the phrase final and binding means that the DKPP's decision can’t be submitted for legal effort. However, from the case of Evi Novida Eka Ginting, the Election Organizer Ethics Council (DKPP) decision can be submitted for legal effort. This has implications for the legal certainty of the final and binding phrase in the provisions of Article 458 paragraph (13). This research aims to analyze the final and binding decisions of the Election Organizer Ethics Council in terms of the Constitutional Court Decision Number.32/PUU-XIX/2021 and Law Number 7 of 2017 concerning Elections and to analyze the Election Organizer Ethics Council decisions. which is final and binding in terms of the aspect of legal certainty. The research method used is normative juridical. Based on the results of the research and discussion, First, viewed from the Constitutional Court decision no. 32/PUU-XIX/2021 the phrase "final and binding" in Article 458 paragraph (13) can be an object in the Administrative Court. What can be submitted is a legal effort, a lawsuit to the Administrative Court (PTUN) to cancel the Presidential Decree. Reviewed according to Law No.7 of 2017 concerning General Elections, Article 458 paragraph (13), the Election Organizer Ethics Council (DKPP) decision is final and binding, this means that the decision cannot be made to legal effort and directly can be held. Second, according to the principle of legal certainty, final and binding phrases cause legal uncertainty. Because the phrase is final and binding on the DKPP decision, it is interpreted that the Election Organizer Ethics Council (DKPP) decision can’t be made due to legal effort and must be held. So the final phrase in Article 458 paragraph (13) should be removed cause the meaning has multiple interpretations.

Examining the Impact of National Education Councils on Education Management Policies

The aim of this study is to make inferences about education management policies based on the decisions taken in the National Education Councils (1-20). In the study, qualitative research method and document analysis were used. The study was also based on National Education Council (NEC) decisions, which are available on the official website of the Ministry of National Education, Board of Education and Discipline, and whose full texts have open access. Some of the decisions taken in NECs involve various issues related to educational management. As a result of the analysis of the research data, six themes emerged. These; legislation, organizational structure, curriculum, educational practices, environment and teacher- education manager. Decisions regarding these themes are made at different education levels (pre-school, primary education, secondary education, higher education). In addition, not only education levels are used in determining educational management policies within NEC decisions; many factors (legislation, curriculum, educational practices, environment, teacher-education administrator) are effective. The themes identified in the study are interconnected and supportive of each other. Based on the findings of this study, it is recommended to establish a control mechanism to better monitor education management policies based on the decisions taken in NECs to understand whether or not they are implemented or to what extent they are implemented.

Канонический и церковно-административный аспекты спора о прерогативах митрополитов Никеи и Никомидии на Халкидонском соборе

Introduction. On October 30, 451, during the 4th Ecumenical Council in Chalcedon, the dispute between Metropolitan Eunomius of Nicomedia and Metropolitan Anastasius of Nicaea was considered. Eunomius believed that his rights as the metropolitan of the entire province of Bithynia, in regard to ordinations, were violated by Anastasius of Nicaea, who had deposed a number of clerics of the city of Vasilinopolis. Information about this lawsuit is taken from the published acts of the 14th session of the Chalcedon Council. Methods. The work is based on the application of the historical-critical method of data processing of the source text used in the original in Greek according to the standard critical edition and quoted by the author in his own translation. Analysis. Based on the analysis of the act material, the author restores the course, content and internal logic of the conciliar audition of the claim of Eunomius of Nicomedia. It also reveals the cause of the claim, external factors and figures that had influenced the course of the case and become the cause of its occurrence. The factors include the unsettled status of the Metropolitan of Nicaea within the province of Bithynia, the limits of his competence and jurisdiction. Similar factor is the unsettled status of the Metropolitan of Nicomedia as bishop of the provincial capital (metropolis), that lead to a conflict of jurisdictions over the Bithynian city of Vasilinopolis. Decisive is also the influence in Bithynia of the patriarchal see of Constantinople and persons who occupied it, beginning with John Chrysostos. The decision of the Ecumenical Council on this lawsuit turns out to be half-hearted: the city of Vasilinopolis and its clergy are recognized as belonging to the jurisdiction of the Metropolitan of Nicomedia, declared the first Metropolitan of Bithynia, but the question of the subordination of the Metropolitan of Nicaea, recognized as the second, remains open. This is evident from later sources, in which the Metropolitan of Nicaea is designated as an independent ruling metropolitan within the province of Bithynia, with his own district and jurisdiction. Results. The decision of the Ecumenical Council in Chalcedon failed to approve in Bithynia the canonical definition of the Council of Nicaea that there should be only one ruling metropolitan in the province. It is obvious that the decision of the judges was influenced by the ancient tradition of intercity rivalry between Nicaea and Nicomedia, dating back to pre-Christian times. The latter was clearly manifested in the fact that the main argument of the litigants was the recognition of the secular title of metropolis for both cities, confirmed by imperial letters. Thus, the dispute between Nicaea and Nicomedia shows that the decisions of the Ecumenical Councils were embodied in church-political and church-administrative practice in so far as they corresponded, or at least did not contradict the established tradition of socio-political relations.

Self-determination and State-building: Mosul Before the League of Nations, 1918–1932

ABSTRACT This article reconstructs the place of ‘self-determination’ and its conjunct, ‘minorities’ rights,’ as legal languages in the history of Iraq from the British occupation until its League of Nations-supervised independence in 1932. While historians understand the development of the Arab-led mandatory regime and its relationship to international, League-mediated politics, the potential for the politics of ‘self-determination’ to have created radically different geopolitical outcomes, particularly in the northern, heterogeneous province of Mosul, has only recently been acknowledged. Rather than treat self-determination as an analytical category, this article begins from the perspective of the concept’s novelty in the Middle East in 1918. State-building in Iraq through independence, I argue, depended on manipulating the doctrinal slippages between ‘self-determination’ and ‘minorities’ rights’ as much as it did on institutional processes. Through the emergence of the mandatory regime and in two critical League Council decisions – the Mosul territorial arbitration of 1925 and Iraqi independence proceedings in 1932 – the nascent Arab state, the British Empire, and the inhabitants of Mosul contested the meaning of self-determination. Their arguments had far-reaching implications, some unintended, for the shape of inter-war international politics and constitute an important – and earlier – episode in the interplay between decolonisation and the centring of the nation-state in international law in the twentieth century.

Improvement of tools for the activity of local public administration bodies in the context of European integration

In the paper, a study of the definition of the concept of tools of local public administration bodies, their types and directions of improvement in the context of European integration was carried out. In particular, the author notes in the paper that the tools of public administration bodies are those actions they take with the purpose of legal regulation of legal relations with their participation, with the aim of regulating them or influencing the participants of such legal relations, ensuring compliance with the rights and interests of the participants of legal relations and the state ( or other public entity) as a whole (forms of public administration), legal means (techniques) that are used (methods of public administration); the concept of "tools of activity of public administration bodies" covers the regulation of administrative legal relations of an external nature. The instruments of activity of local bodies of public administration can be normative legal acts (in the form of orders of heads of local state administrations (including military administrations), orders of heads of territorial communities, decisions of local councils and their executive committees), acts of a programmatic nature (including social programs - economic and cultural development of the community, district, region, target programs on other issues), orders and decisions of an individual nature (including regarding the implementation of administrative-procedural and administrative-delict powers. On the basis of the conducted scientific research, the author came to the conclusion that in order to improve the tools of local public administration bodies in the context of European integration, the practice of concluding administrative contracts by them should be expanded, including regarding the cooperation of public administration subjects and public authority subjects, who, on the one hand, do not belong to the executive branch of state power, and on the other hand, can participate in the implementation of state programs at their own request.

Using transfer of development rights (TDR) in a legally ambiguous context: Istanbul case

This article explores the different ways in which local governments apply TDR in the absence (uncertainty) of a legal framework and its consequences, focusing on the case of Istanbul in Turkey. Municipalities have implemented mandatory and voluntary TDR through plan notes. For this, the council decisions of Istanbul Metropolitan Municipality are examined, and it is determined which district municipalities use TDR through the plan notes. Semi-structured interviews with a total of 15 actors determined by snowball sampling were used to understand the reasons behind such use. Besides, the use of TDR in Bahçelievler and Arnavutköy districts, one of which is the central district and the other is the periphery district with both widely using TDR, and also examples of districts implementing mandatory or voluntary TDR types by plan notes are examined. The used type of TDR is an alternative for the acquisition of social and technical infrastructure needs in the city, is more open to market influence, and has a voluntary basis.

Administrative liability for non-implementation of local self-government bodies’ decisions

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
 Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
 The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.

Догмат о папской непогрешимости в Римско-католической церкви: вероучительные и социальные аспекты

Thе article analyzes the theological and historical features of the declaration of the dogma of papal infallibility. Considering that this very provision of the modern Catholic teaching is interpreted by many OrthodoX theologians as one of the key and insurmountable differences between OrthodoXy and Catholicism, it seems quite relevant to raise the question of how this dogma is inherent in the theological logic of Catholicism. The analysis of the historical, canonical, socio-political prerequisites for the development of the doctrine of papal infallibility reveals the determining influence of the socio-political component on the acceptance of this doctrine. The study also provides an overview of the main directions of the reception of the decision of the First Vatican Council and concludes that the social component has been underestimated by many researchers.

Total allowable catches and fishing opportunity decisions of the Council of the EU – A voting power index approach

The setting of total allowable catches (TACs) have been a part of the European Union’s Common Fisheries Policy since its conception in 1983 and has been the main management tool of conservation of fisheries stocks in EU waters. TAC decisions of the Council are made behind closed doors, which has been the object of criticism. Previously voting power indices have been calculated and used to analyse Council decisions (e.g. EU budget) and institutional changes of the EU (e.g. Treaty of Lisbon), however not for EU TAC legislation and decisions. This paper looks at EU Council decision making for a subset of member states concerning TAC decisions for which the Council has exclusive competence in. Specifically, the paper looks at formal mechanisms of voting in the Council concerning EU TAC decision-making by calculating voting power indices for member states. Additionally, the paper looks at the changes in voting power due to the UK leaving the EU. Results indicate that the Council’s voting rules distributes voting power to member states with larger populations, but also distributes disproportionally voting power to smaller member states at the expense of medium size populated member states. This reflects previous results from the literature. The results do not undermine the importance of informal mechanisms such as consensus and coalition building among member states, but rather complement it.

Metropolitan Vladimir (Bogoyavlensky): Modern Perception of an Orthodox Saint

Metropolitan Vladimir (Bogoyavlensky) is one of the most famous Russian new martyrs of the twentieth century. The day of his death in 1918, by the decision of the Local Council of 1917-1918, became the day of prayerful commemoration of the new martyrs. There are two critical interpretations of Metropolitan Vladimir’s biography – «monarchical» and «clerical». They are united by their rejection of the February revolution and liberalism, but they disagree on the question of whether the church should obey the interests of the state or protect its own interests, which only partially coincide with those of the state. The «monarchical» interpretation proceeds from the fact that the church hierarchs (and fi rst of all, Metropolitan Vladimir, who headed the Synod in 1917), like most Russian elites, betrayed the monarchy and thereby contributed to the downfall of the Russian Empire. According to the «clerical» interpretation, the hierarchs, including Metropolitan Vladimir, can only be blamed for the fact that they could not convince the emperor and society of the need to reinstitute the church independence through the restoration of the patriarchate, which would increase the role of the church in the state and society and could have stopped the negative development of socio-political processes.

Relevansi Pemikiran Hukum Imam Malik Dengan Konteks Indonesia Tentang Pernikahan Beda Agama

This article aims to explain the legal product of Imam Malik in a sociological perspective and its correlation with the Indonesian context. Imam Malik studied in the city of Medina. The legal issues in Medina were not as complex as those in Iraq. In determining the law, he first based his ijtihad on the zahir texts and used more hadiths. Imam Malik used this method because he was influenced by the social and political conditions of the city of Medina. The Ijtihad method used by Imam Malik is the Koran, As-Sunnah, al-Ijma', al-Qiyas, amalu ahl al- Madinah, qaul as-Shahabah, istihsan, al-Maslahah al-Mursalah, Muratul Ikhtilaf, syadd az- Zariah, syar'u man qablanah. As for the legal product of Imam Malik related to the issue of interfaith marriage, Muslim men marrying women of the Ahlul Kitab who adhere to Judaism and Christianity is makruh, because they eat things that are forbidden, such as pork and drinking intoxicants, and children who are born sometimes follow their mother's religion. As for its relevance to the legal context in Indonesia, interfaith marriages are more prohibited, except for Muslim men and women of the Ahlul Kitab by Imam Malik, who are considered makruh. This decision is relevant to KHI provisions, MUI decisions, and Muhammadiyah Tarjih Council decisions.

Ottoman Attitude Towards the Defeat at Lepanto (1571)

The defeat at Lepanto deeply affected the Ottoman administration and society, particularly the Sultan. The cost of the defeat, with the loss of both ships and trained manpower, was substantial. As an empire accustomed to victories, the Ottomans, although severely affected by this defeat, tried to portray it as a natural outcome both in domestic and foreign circles. While they accepted it with reliance on Allah as the "will of the creator", they took the necessary measures and quickly built a brand-new navy. In order to understand how the defeat and its reasons were perceived by Sultan Selim II, Vizier Sokullu Mehmed Pasha, ?eyhülislâm Ebussuud Efendi, and other senior administrators, as well as to determine public resonances, it is necessary to closely examine the Imperial Council decisions and the statements of the chroniclers, who witnessed the impact of the defeat at Lepanto and described it in their works comprehensively.

The Transfer of Land Rights Uses the Selling Power of Official Certifier of Title Deeds (Case of Supreme Court Decision Number 3017 K/PDT/2019)

The act of the Certifer of Title Deeds transferring the right to the land owned by the seller using the Deed of Power of Attorney to sell, a legal problem arises when transferring land rights by using the selling power of attorney from the Certifer of Title Deeds based on Government Regulation Number 24 of 2016 on. Amendment to Government Regulation No. 37 of 1998 concerning Regulations for the Positions of Officials Making Land Deeds. (Case Study Supreme Court Decision No. 3017 K/PDT/2019 JO Decision of the Central Examination Committee Number08/B/MPPN/IX/2018) and the responsibility of the Certifier of Title Deeds who transfer land rights by using the power of attorney. (Case Study of Supreme Court Decision Number 3017 K/PDT/2019 JO Decision of the Central Examination Committee of Notaries Number 08/B/MPPN/IX/2018). This research uses normative juridical research. The research results obtained that the transfer of rights to land using power of attorney for sale, binding sale-purchase agreement, and disposal of object certificates of owner Bachelor of Law only have the power of underhand deed so that cancellation can be requested. Based on the Decision of the Central Examination Council of Notaries Number 08/B/MPPN/XI/2018 Notaries and Certifer of Title Deeds Muhammad Irsan, Bachelor of Law was imposed administrative sanctions that have been by statutory regulations and Supreme Court Decision No. 3017 K/PDT/2019 can be examined in more depth regarding the main points of the case and is subject to sanctions for unlawful acts as the legal basis for the lawsuit.

Legal aspects of temporary protection for Ukrainians in the member states of the European Union

In the article two different international protection mechanisms for persons who are forced to leave their homes for the sake of personal safety and the safety of their children (refugee status and temporary protection) which are currently provided for in European law are examined and compared. The main international document that regulates the issue of refugees is the UN Convention on the Status of Refugees of 1951. The issue of temporary protection is regulated by the EU Council Directive № 2001/55/EC of 07/20/2001, which was activated for the first time in history by the EU Council Decision № 2022/382 of 03/04/2022 to protect persons fleeing Ukraine due to a large-scale invasion by Russian armed forces began on 24 February 2022. The grounds for obtaining refugee status are individual and internal in nature (reasonable fears of a person becoming a victim of persecution), and therefore a long and complex administrative procedure for obtaining it. The grounds for obtaining temporary protection have a collective and obvious external nature (a mass influx of forcibly displaced persons in connection with a real threat), and, accordingly, the maximally simplified and fast (immediate) procedure confirming that the person is covered temporary protection.

Food access and commercialization in integrated markets: a bridge linking private and public aspects

The purpose of this paper is to analyze what are the changes in the legal regulation on food in the European Union (EU) and in the Common Market of the South (MERCOSUR) that have occurred in recent times to account for the impact on the actions of legal and natural persons as consumers in integrated spaces. It starts from the premise that -currently- there are three purposes pursued by legislation issued both locally and regionally: food safety, quality and competitiveness. The regional legal framework must ensure that the rules applied to food allow a wide offer to ensure competition in the regional market, and at the same time that food is safe and of high quality so that consumers have the possibility of choosing freely. The jurisprudence of the Court of Justice of the EU (CJEU), exemplifies, through its interpretation - in selected cases - of the norms concerning the multiple facets - from the introduction and circulation (commercialization) of a food in the regional market- and allows reflection from the public (member states-third states) and private (operators and consumers) spheres on the importance of the rules. The main data collection technique used -in this work- is the analysis of documentation from the EU regulatory framework, both original and secondary law - in particular, Parliament and Council regulations, or directives - as well as the analysis of jurisprudence of the CJEU, through which secondary data is collected -mainly Decisions of the Common Market Council (CMC), Resolutions of the Common Market Group (GMC), Directives of the Common Market Trade Commission (CCM)-. In relation to the data analysis procedures, qualitative and comparative analyses are used.

Combating the COVID-19 Crisis within the European Union: A Critical Assessment of the ‘Next Generation EU’ in the Context of the Budgetary Balance

The paper contains a critical analysis of the new system of own resources of the European Union, established to address the consequences of the COVID-19 crisis. Analysis is mainly from the perspective of the balanced budget rule. Under Council Decision 2020/2053 of 14 December 2020, the Commission is to be, inter alia, empowered to borrow an unprecedentedly huge amount of funds on capital markets on behalf of the EU. This means that, for the first time in history, common budgetary commitments on the part of the EU will be on such a scale that repayment will be spread over many years and will be charged to future generations of EU citizens (known as the ‘Next Generation EU’ programme). The research aims to compare these innovations with the long-term financial policy of the EU, as a result of the provisions of the Treaty on the Functioning of the European Union and the Fiscal Compact. It also elaborates on the limits of societal debt issued by their representatives who form public authorities.

REFUSAL OF UN PEACEKEEPING MISSIONS FOR SECURITY MISSIONS IN CONFLICT COUNTRIES AS A VIOLATION OF INTERNATIONAL LAW

Arrangements for peacekeeping forces can be found in the UN Charter, in particular Article 1 of the Charter, which sets out its mission objectives as a form of world peace. As the oldest subject of international law, the state, in the essence of international relations, cannot be separated from internal and external conflicts. Thus, this kind of conflict could threaten international peace and security. Therefore, it is important to study international legal review of the rules of world peacekeepers in conflict countries and the rejection of world peacekeepers in conflict countries within the framework of international law. The research method used is normative legal research with statutory and conceptual approaches. This study concluded that These peacekeepers could participate in countries experiencing conflict, regulated by UN Security Council decisions through their resolutions. The peacekeeping force also has several main principles, such as the agreement of the parties, impartiality, and not using force except for self-defence and maintaining the mandate of resolutions and a state that rejects the presence of peacekeepers is included in violations of international law; rejecting the results of a joint agreement against UN Security Council resolutions. The UN Security Council resolutions have been considered customary law and a source of international law with binding legal force.

The transformation and design of EU restrictive measures against Russia

ABSTRACT Sanctions were the European Union’s (EU) immediate response to Russia’s invasion of Ukraine on 24 February 2022. These restrictive measures focus on specific individuals, entities, goods, services, and sectors. Out of a need for nuanced data, we map and analyze the entire set of EU sanctions imposed on Russia since 2014 until today. We show and argue that the sanctions’ design has become increasingly comprehensive over the past months which reflects the EU’s geopolitical considerations in carving out a response to the unparalleled threat imposed by Russia. Our new, author-created dataset covers the complete track record of Council decisions, regulations, and annexes of these restrictive measures, and thereby offers fine-grained information on the transformation and design of EU sanctions against Russia and the Russian-controlled areas in Ukraine.

Report of the President of the Society for the Advancement of Scandinavian Study

Report of the President of the Society for the Advancement of Scandinavian Study