President Of Court Research Articles

Establishment of Economic Courts in Egypt

No one can deny that Phenomenon of the Slow Pace of Litigation expands to include all wings of the judicial system, Civil, Criminal, and Administrative issues. And extends deeper to affect all categories of litigants: Rich and Poor, Men and Women. To paint a dark picture of what could be called a Crisis of Justice in Egypt.So, Egyptian legislator created special Economic Courts to solved this disputes, and to avoid its negative effects, by Law No. 120 of 2008. Which decide that this kind of litigation can be solve by judges specialized in this kind of litigation, To encourage investment, and achieve a safe environment for investment, provide maximum protection for economic activity and help develop the plans and ensure justice.The Economic Court Law entered into force in October 2008. Establishes Economic Courts in each Court of Appeal Circuit. which consists of Courts of First Instance, Courts of Appeal. These courts have a jurisdiction over criminal cases stemming from investment operations, consumer protection, commercial, banking transactions. The Economic Court system is a three-tiered system, with first instance, intermediate, and final appellate courts. And Each Trial Chamber should be composed of three presidents of courts of first instance, consists each of the Chambers of Appeal of three judges of the appellate courts to be at least one of whom is President of the Court of Appeal.So, I will discuss the steps taken by the legislature to set up Economic Courts in Egypt.

Sobre la adscripción partidaria de los magistrados del tribunal constitucional y su invocación en el proceso = On the political affiliation of the Magistrates of the Constitutional Court and its invocation within the trial

Son constantes las críticas que reciben los Magistrados del Tribunal Constitucional por su alto grado de politización. Esa tensión se ha trasladado al seno del propio Tribunal, a través de un uso abusivo del instituto procesal de la recusación, que ha alcanzado su máximo cénit con la reciente recusación del Presidente del Tribunal por su afiliación a un partido político. Para determinar si esta vinculación ideológica es sorprendente merece la pena examinar cuál es el procedimiento de selección de los Jueces que desempeñan este tipo de funciones en otros países y en el caso español, para preguntarse después si esa proximidad ideológica de los Magistrados con los partidos políticos compromete, o no, su imparcialidad. A la vista de la respuesta que se dé a este interrogante, y a la vista del uso abusivo de las recusaciones cursadas para alterar la composición del Tribunal, se realizan algunas sugerencias concretas sobre los principios que podrían articularse respecto de las recusaciones que se realicen en los procesos de constitucionalidad.Frequently, Magistrates of the Constitutional Court are criticized because of being highly politized. That tension has even been moved into the Court, through an abusive use of disqualification, which has reached its zenith with the recent disqualification of the President of the Constitutional Court because of his political affiliation. In order to determine whether this affiliation is surprising, it is worth examining what is the procedure used to select the Judges that perform this type of functions in other countries and in Spanish case, to wonder afterwards whether that ideological proximity of Magistrates to political parties compromises their impartiality. In view of the answer to this question, and in view of the abusive use of disqualification in order to alter the composition of the Court, we make some specific suggestions about the principles that could be articulated in relation to disqualifications that are made in constitutionality trials.

When a colour becomes a shape: Brussels Commercial Court annuls Louboutin's red sole trade mark

The President of the Brussels Commercial Court has declared Louboutin's famous red sole trade mark invalid since it related to a shape giving substantial value to the goods at stake.

Josep Casadevall, Egbert Myjer, Michael O'Boyle, and Anna Austin (eds), Freedom of Expression - Essays in Honour of Nicolas Bratza, President of the European Court of Human Rights

Josep Casadevall, Egbert Myjer, Michael O'Boyle, and Anna Austin (eds), Freedom of Expression - Essays in Honour of Nicolas Bratza, President of the European Court of Human Rights

УПРАВЛІНСЬКОГО ПІДХОДУ ПРО РОЛЬ ТА ВІДПОВІДАЛЬНІСТЬ ПРЕЗИДЕНТА СУДУ І ІНДИВІДУАЛЬНИЙ ДІЯЛЬНОСТІ СУДДІВ

The purpose of this study is to understans how the quality of the court is bound to the role of the court presidents in Romania, who, for the proper administration of the departments and the divisions of the court, must assume a leadership role. Efficiency depends on how they use their knowledge, their behavior and attitudes as personal example to create an environment in which subordinates, judges and court personnel, are fully involved in achieving the objectives of the institution.

Partisan Characteristics in the Confirmation Hearings on the President and Justices of Constitutional Court of Korea

Partisan Characteristics in the Confirmation Hearings on the President and Justices of Constitutional Court of Korea

Indigenous Guardians Ad Litem are Needed in Child Protection Cases

The Australian Institute of Health and Welfare found that in 2010/11 indigenous children were: 8 times as likely to be the subject of substantiated abuse and neglect; 9 times more likely to be on a care and protection order; and 10 times as likely to be in out of home care than other children in the Australian community.In 2010 Bao-Er wrote an article published in the Law Society Journal of New South Wales (December 2009) titled Guardians ad litem are Needed in the Children's Court of NSW. In 2009, Judge Marien the then President of the Children's Court of NSW rejected the author's application on behalf of three Indigenous children for the appointment of an Indigenous guardian ad litem on their behalf in care and protection proceedings before the Children's Court (see Department of Human Services and “Kieran,” “Siobhan” and Robert Isaac NSW Children's Law News 11 November 2009.This paper argues that urgent legislative change is required to ensure that all Indigenous children taken before Children's Courts for their care and protection need themselves to be protected through the court process by the appointment in each and every case of specially trained Indigenous guardians ad litem. The paper was presented at the 6th World Congress on Family Law and Children's Rights held in Sydney, Australia in March 2013.

We Oppose to the Possible Appointment of Lee Dong-heub as president of the Constitutional Court

We Oppose to the Possible Appointment of Lee Dong-heub as president of the Constitutional Court

The Relationship between Courts and the Other Arms of Government in Promoting and Protecting Socio-economic Rights in South Africa: What About Separation of Powers?

first contribution is a keynote speech delivered by Judge Dennis Davis, a Judge of the High Court, Cape Town and Judge President of the Competition Appeal Court. His speech was delivered on 16 November 2012, at the 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights, co-hosted by the Konrad-Adenauer Foundation and the Faculty of Law of North-West University, Potchefstroom Campus. Judge Davis investigates the relationship between courts and the other arms of government in promoting and protecting socio-economic rights in South Africa and airs his views on the doctrine of the separation of powers.

The death penalty in contemporary China

The Death Penalty Contemporary China, by Susan Trevaskes. New York: Palgrave Macmillan, 2012. x + 301 pp. US$138.00/£55.00 (hardcover).In The Death Penalty Contemporary China, Susan Trevaskes presents a thoughtful, nuanced account of the complex political and legal forces behind the use of the death penalty, particularly during the period from 1980 to 2011. This exceptional book goes beyond one-dimensional critiques that only emphasize the large number of executions. Widely recognized reports that China executes more people each year than any other country certainly deserve scrutiny. Yet numbers alone fail to capture the intricate contours of the death penalty debate within China. Trevaskes masterfully makes this debate accessible to an international audience.The book shows how drive law and practice. Trevaskes elegantly explains the shifting use of the death penalty within the broader context of changing criminal justice policy and the Chinese Communist Party's unceasing dominance shaping that policy. In short, in China, the death penalty is a creature of politics (p. 223).Trevaskes elaborates the long-standing dynamic between two death-penalty templates: kill many and kill fewer. She details how savvy efforts by the former president of the Supreme People's Court, Xiao Yang, and other reformers gradually diminished the powerful policy of y anda (or striking hard at crime) and enabled the gentler policy of balancing leniency and severity to take root. Trevaskes further provides insights into why a shift to a less reform-minded agenda by the highest echelons of power nonetheless did not lead to a resurgence of kill many rhetoric following Xiao Yang's retirement 2008. Instead, the number of executions reportedly continues to decline, largely through an expansive use of sihuan (suspended death sentences). Despite the triumph of the kill fewer policy, the book serves as a reminder that the debate China regarding the death penalty has not focused on whether to abolish the death penalty, but rather on how it should be used. Nor does abolition appear feasible the foreseeable future. The death penalty remains a powerful instrument of punishment and, as Trevaskes succinctly cautions, [t]he party is unlikely ever to let go (p. 236).Beyond the overarching political dimensions, Trevaskes includes helpful information on the legal nuts and bolts of how the death penalty is applied. She addresses the crimes for which the death penalty is a prevalent punishment, the impact of weak evidentiary rules on capital cases, and the reasons that ongoing discussions China regarding the creation of national sentencing guidelines have failed to bear fruit. She integrates a wide range of scholarly views from Chinese and foreign authors, as well as case studies to illustrate the challenges and flaws China's capital punishment scheme. In one memorable vignette, an appellate court reduced a woman's sentence for poisoning her husband from immediate execution to a suspended death sentence, based on her argument that her goal was merely to stop her husband from visiting prostitutes by incapacitating him sexually-the instructions for the rat poison that she used explained that it worked by shutting down the rat's sex organs (p. …

Tiebreakers in Israeli Statutory Interpretation

An Israeli judge faces a problem of statutory interpretation. She applies, to perfection, the complex theory of purposive interpretation developed by former Supreme Court President Aharon Barak. Might she still find that the interpretive scales are perfectly balanced — i.e., that she faces an interpretive tie? And if this can, indeed, happen, how should she break the tie? Israeli law furnishes judges with tiebreaking rules in tax law and in criminal law. It provides no generally applicable tiebreaker, however, for use in other areas of the law. This paper argues that the tax-law and criminal-law tiebreakers are inconsistent with the Israeli theory of purposive interpretation. The Israeli theory fits better with the approach taken in the rest of the law — namely, the absence of a tiebreaker, which forces judges to rely on the theory of purposive interpretation alone, or to find further guidance outside the law.

Arthur Chaskalson (1931–2012): Former Chief Justice of South Africa

Arthur Chaskalson passed away on 01 December 2012. Born on 24 November 1931, he was 81 years old. After being appointed as the first President of South Africa's Constitutional Court when it was established in 1994, he assumed the position of Chief Justice of the country in 2001, a position he occupied until his retirement in June 2005.

Black Hole of Responsibility: The Adjudication Committee's Role in a Chinese Court

How courts and judges in authoritarian regimes decide cases behind closed doors has rarely been studied, but it is critically important in comparative judicial studies. Primarily drawing on the minutes of the adjudication committee in a lower court in China, this article explores its operational patterns and decision-making process. The data suggest that among the criminal cases reviewed by the committee, very few were difficult or significant, but a relatively high percentage of the suggested opinions of the adjudicating judges was modified. In contrast, many civil cases reviewed were difficult to resolve but the committee offered little assistance. Overall the operation and decision-making of the committee were subsumed by the administrative ranking system inside the court and the authority of the court president was enormous. The analysis also demonstrates the limited role of the committee in both promoting legal consistency and resisting external influences. Instead of achieving its declared goals, the committee has degenerated into a device for both individual judges and committee members to shelter responsibility. The findings compel researchers to reevaluate the role of the adjudication committee in Chinese courts, and the relationship between judges and authoritarian regimes.

Procedural Homogeneity V. Inconsistency of European Courts - Comments on Order of the EFTA Court President of 15 June 2012 in Case E-16/11 EFTA Surveillance Authority V. Iceland

By an Order of 15 June 2012, the President of the EFTA Court granted the European Commission leave to intervene in Case E-16/11 (Icesave) under Article 36 of the EFTA Court Statute. The paper discusses this Order against the background of recent developments in the case-law of the ECJ according to which the EFTA Surveillance Authority (ESA) and the EFTA States have been denied leave to intervene under Article 40 of the ECJ Statute. In turn, these issues relate to the limits of the concept of procedural homogeneity, – viz. the principle that not only substantive provisions but also procedural and institutional provisions pertaining to the EEA should be interpreted in line with corresponding provisions of EU law.

Private Incarceration – Towards a Philosophical Critique

On November 19, 2009, Israel’s High Court of Justice (HCJ) ruled, by an eight to one majority, that Amendment 28 to the Prison Ordinance (2004), which authorized the construction of the first privately-run prison in the country, was unconstitutional. The main reason given by the Court for its globally unprecedented decision was that the very fact of being incarcerated by a private, for-profit corporation, regardless of the quality of service provided by that private institution, was an excessive violation of the prisoners’ rights to freedom and to human dignity and thus contradicted the provisions of Basic Law: Human Dignity and Freedom. The main opinion in the case, written by Supreme Court President Dorit Beinisch, has been criticized as incoherent, in that it confused the institutional argument – based on the non-delegation doctrine – with the argument from human rights. Beinisch explicitly stated that the concern that prisoners’ rights are more likely to be infringed in a private than in a public prison was not sufficiently strong to warrant the finding that the amendment was unconstitutional. Still, she concluded that the very fact that the power to deprive a person of her liberty rested with a private for-profit entity was, in and of itself, an excessive violation of the prisoners’ rights to freedom and to human dignity. She also argued that this finding rendered considering the issue of the delegation of core governmental functions to a private entity superfluous in this case.1 The Court’s liberal critics have pointed out that the president failed to provide a persuasive argument for her decision. An argument from human rights, they claimed, should have been able to show some reason to believe that the prisoners’ rights were more likely to be infringed in a private than in a public institution. Alternatively, the president could have argued against the delegation of core governmental functions.2 Having declined to take either of these courses, her decision amounted to no more than an unsubstantiated assertion. Moreover, while the Supreme Court spoke its lofty rhetoric, prisoners were languishing in public prisons in awful conditions. To the extent that these prisoners may have preferred to be housed in a more comfortable private prison, the Court could also be said to have violated their rights of free choice and personal autonomy.3 In this paper, we argue that while Beinisch’s decision was indeed incoherent and unjustified when viewed from a liberal perspective, which was her avowed perspective, it is perfectly coherent and justified from a civic republican perspective. We further argue that, in general, a coherent moral argument against private incarceration must necessarily rest on civic republican foundations. The question of the relations between liberalism and civic republicanism, especially between their respective conceptions of freedom, has become salient over the last three decades following the renewal of interest in the civic republican tradition. An argument heard with increasing frequency in recent years, however, claims that the differences between the two conceptions of freedom are minor in reality and that every worthy moral position

Strategic delegation and “judicial couples” in the Italian Constitutional Court

We analyze the selection of the Justice Reporter by the Justice President of the Italian Constitutional Court, the most important form of agenda setting power and act of delegation in decisions of constitutional (il)legitimacy. We estimate a series of econometric models that evaluate the relative importance of the determinants of the creation of these “judicial couples”, namely, professional background, political affiliation, age, etc. Professional background is shown to be an important determinant of the creation of the couples, more so with time, although the onset of the Second Republic has reduced its importance. This analysis sheds light into the inner workings of the Italian Constitutional Court and the actual processes through which its jurisprudence is generated.

The International Court of Justice and Scientific Expertise

The ICJ Statute is set to ensure that in Court as a whole the main forms of civilization and ... principal legal systems of world find themselves duly represented. (1) In practice, this leads to some sort of balance between judges educated in civil law and those educated in common law. During my nine years at Court, I have always been surprised at how rare it was that differences based on these legal traditions came to fore. But they do so, if only occasionally, and where they appear they almost always turn on questions of procedure, here again on matters of evidence. The one such clash of (legal) civilizations that impressed me most strongly was related to handling by Court of scientific evidence in Pulp Mills case brought by Argentina against Uruguay in 2006 and decided four years later. (2) I would submit that difference had to do with views on management of what I would call civil litigation, or a civil procedure, before and in Court (ICJ proceedings certainly bearing distinct civil-procedural rather than criminal- or administrative-procedural features). In a nutshell, and perhaps a bit oversimplified, case arose out of a project, authorized by Uruguay, for construction of two (later, one) huge pulp mills situated on like-named river forming boundary with Argentina. Argentina claimed that operation of mill would lead to considerable pollution of River Uruguay and thus to all sorts of negative consequences, which would breach a treaty concluded between two countries in 1975 specifically for protection and preservation of river. In contrast, Uruguay tried to convince Court that operation of plant did conform to highest (i.e., EU) standards and best practices of industry. As expected, both parties produced large amounts of scientific expert evidence, both in their written pleadings and in oral hearings. (3) Confronted with mass of such highly complex technical material, I found myself simply not feeling capable of drawing necessary legal conclusions, for instance on severity and thus relevance of emission of certain noxious substances for water pollution. To give a few examples, I had no clue as to effects of breakdown of nonylphenolethoxylates; binding of sediments to phosphorus; possible chain of causation leading to algal bloom or dioxin/furan pollution; how to assess whether two- or rather three-dimensional modeling was most appropriate practice in evaluating hydrodynamics of a river; or what role an Acoustic Doppler Current Profiler can play in such an evaluation. The situation, as I saw it, was simply that Court on its own could not possibly assess and weigh such complex evidence without expert assistance. So what kind of assistance did Court get? First, that of party-appointed The problem here, however, was that they took stand not as expert witnesses, but as parties' counsel, thus immunizing themselves both against examination of their evidence by bench and against cross-examination by opposing party. (4) And, as they were supposed to do, they merrily contradicted each other's testimonies over a wide range of issues. Second, Court helped itself, as it were, by appointing what I called phantom experts. To mention them does not breach confidentiality. No less an insider than Sir Robert Jennings, a former President of Court, reported in 1996 that the Court has not infrequently employed cartographers, hydrographers, geographers, linguists, and even specialized legal experts to assist in understanding of issue in a case before it; and has not on whole felt any need to make this public knowledge or even to apprise parties. (5) The Registrar of Court, Philippe Couvreur, has defined role of such experts retained by Court for purely internal consultation as that of temporary Registry staff members, entrusted with giving of internal scientific opinions under oath of confidentiality demanded of full-time registry staff. …

Synthèse sur le Nouveau Droit de l’Arbitrage

ABSTRACT: The new decree that modifies the terms of the French Code of Civil Procedure regarding arbitration law was published in January 2011 and came into force in May 2011, representing significant changes to arbitration provisions. This article explains the new modifications in the main provisions that will affect the stages of arbitral proceedings, the drafting of the arbitration convention, the Arbitral Tribunal, and the execution of the award. The present article introduces as well the notion of the "juge d'appui", which in France is the President of the higher Court, and has the role of a supporting judge.

Copiepresse SCRL & alii v. Google Inc. – In its decision of 5 May 2011, the Brussels Court of Appeal confirms the prohibitory injunction order banning Google News and Google’s “in cache” function

In 2003, Google made available in Belgium its online free service “Google News”, which consisted in offering Internet users a computer-generated press review. In his orders of 5 September 2006 (previously commented in [2007] 23 CLSR 82–85) and of 13 February 2007 (previously commented in [2007] 23 CLSR 290–293) the President of the High Court of Brussels found that, by offering this service, Google infringed the copyrights of Belgian press editors and authors. On 5 May 2011, the Brussels Court of Appeal upheld to a very large extent the first instance decision. The Court confirmed that Google’s “cache” function and its “Google News” service were infringing the claimants’ copyrights and that Google could not rely on any copyright limitation (such as the exceptions for quotation or for report on news events), legislation or fundamental right.

Die kameralistische Tuchmanufaktur in Apatin, 1764–1771 / The Cameralist Cloth Factory in Apatin, 1764–1771

Die kameralistische Tuchmanufaktur in Apatin, 1764–1771 / The Cameralist Cloth Factory in Apatin, 1764–1771