Effective Law Enforcement Research Articles

The protection offered by European Union consumer law as an area of dialogue between the Court of Justice of the European Union and national courts

Consumer protection is not the only area of EU law in which significant progress has been made both through the adoption of formal legal instruments and through the interpretation of existing rules by the Court of Justice of the European Union, mostly on the initiative of national courts through the preliminary reference procedure provided for in Article 267 of the Treaty on the Functioning of the European Union. However, EU consumer law is unique in that the Court of Justice, with the assistance of national judges, has developed what can be described as a surprising interpretation of the secondary legislation in this area, going beyond the substantive aspects which it seeks to regulate and touching on important procedural aspects relating to the procedural position of consumers seeking to enforce their rights under European law and the remedies which can be used within the national legal systems of the Member States to promote more effective enforcement of consumer protection law..
 The article begins by highlighting the approach taken by the Court of Justice in this decision and the implications of this approach, and then goes on to highlight two of the main mechanisms used in this approach - the progressive development of a broad concept of consumer in its procedural dimension and the principle of ex officio action by the national judge in consumer cases. The case-law relating to these mechanisms is presented in terms of its dynamics, including the most recent developments and a reading grid is proposed for each of them, which goes beyond the issue of consumer protection in order to identify the implications from an institutional perspective of the relationship between the European Union and the Member States. The final part of the paper brings the two sets of jurisprudence together in order to draw some conclusions on the growing role of European jurisprudence.

Factors influencing road setbacks and urban open space encroachment by traders in Nigeria: A narrative review

In many developing countries, especially Nigeria, informal sector activities such as roadside trading, hawking as well as roadside squatting has become increasingly prevalent. Although these activities are often seen as survival strategies for the low-income population with no other means of earning a living, nonetheless, they have negative impacts on the environment and traffic flow and can also compromise the safety and security of the traders. This study aims to explore the factors that contribute to the growth of this phenomenon on encroached highways, urban roads, and open spaces, and to examine its effects on both the environment and the traders. Using a narrative review approach, the research analysed relevant books, journals, conference papers, reports, and policy documents extracted from Scopus, Web of Science and Google Scholars databases. The study findings revealed that economic crises and high levels of unemployment in developing countries have led to an increase in street trading and roadside vending. In addition, the lack of effective urban planning and enforcement of development control laws has also played a significant role in the proliferation of these activities on encroached urban roads and green spaces. Consequently, on highways, the absence of organized and standardized Rest and Service Areas (RSA) at regular intervals in developing countries, especially Nigeria, has facilitated the emergence of roadside markets. Furthermore, this situation is compounded by the location of agrarian settlements along the highways. Thus, to address these issues, the research recommends that the government reorganize, integrate, and upscale the activities of street traders, while also improving urban planning and enforcing road right-of-way barriers to protect urban green spaces and conclusively, the introduction of standard RSA at regular intervals along highways would provide motorists with necessary rest and services, discouraging them from stopping indiscriminately on transits, which often leads to the emergence of roadside markets.

Book Review: Effective Enforcement of EU Labour Law, Edited by Zane Rasnac?a, Aristea Koukiadaki, Niklas Bruun and Klaus Lörcher. (Oxford: Hart Publishing, 2022)

Book Review: <i>Effective Enforcement of EU Labour Law</i>, Edited by Zane Rasnac?a, Aristea Koukiadaki, Niklas Bruun and Klaus Lörcher. (Oxford: Hart Publishing, 2022)

Sped-Pro: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Abstract The Sped-Pro judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the Polish state-owned railway company PKP Cargo. In this judgment, the General Court for the first time established a direct link between systematic deficiencies in the legal order of a Member State and the ability of its competition authority to investigate and take enforcement action under EU law. The General Court addressed issues of the rule of law as an element of effective competition law enforcement and the case allocation principles between the Commission and National Competition Authorities (NCAs) under the decentralised enforcement system of Regulation 1/2003. The General Court now requires the Commission to examine, when handling complaints, whether an NCA can actually enforce EU law effectively.

A Survey on: Legal Chain Vault Using Blockchain

Abstract: In the face of escalating crime rates accompanying rapid urbanization, traditional criminal record systems face challenges of tampering and inefficiency. The Paper proposes a blockchain-based solution, leveraging the decentralization and immutability of blockchain to create a secure and transparent network for legal records. By utilizing peer-to-peer networks, this system ensures easy accessibility while safeguarding data integrity through the immutability feature of blockchain. The decentralized nature of the blockchain reduces corruption risks, allowing third parties to monitor tamperproof transactions and promoting objectivity in criminal record management. The blockchain-based approach not only enhances transparency and accountability in criminal record keeping but also facilitates timely access to authentic records for law enforcement authorities. The Paper aims to revolutionize record management, making it more efficient, secure, and conducive to effective law enforcement in evolving urban environments.

Are People in Chinese Rural Areas Conscious of the Law, and What Are the Impacts?

Contemporary society benefits from having a strong sense of the law because it makes it easier for people to live better in a society where the law is upheld. Without effective law enforcement, society may descend into anarchy, making it impossible to protect the rights and safety of its citizens. Yet many Chinese residents in rural regions do not have a basic understanding of the law. The first is that certain rural areas are economically underdeveloped due to their isolation and limited accessibility. As a result, it contributed to a certain extent to the clan system in rural regions, and a lack of knowledge led to some peoples dismissal of the law. The absence of courts is the final factor for poor infrastructure. It has been suggested that education be improved and more advertising in rural regions to increase legal publicity. Additionally, the government may arrange for additional volunteers to take part in legal assistance initiatives in remote regions, which would help to address the issue of a lack of attorneys. The government might potentially make improvements to an itinerant program that has been successful in some rural parts of China. However, these options have certain drawbacks, which will be discussed later.

Tinjauan Yuridis Sanksi bagi Pelaku Tindak Pidana Pencurian dengan Kematian dalam Konteks Sistem Hukum Indonesia

This study evaluates the phenomenon of vigilantism in Indonesia, focusing on the juridical aspects of sanctions against perpetrators of criminal theft resulting in death. The research reveals that the current criminal regulations related to vigilantism, as outlined in Articles 170, 351, 406, and 338 of the Indonesian Criminal Code (KUHP), have not fully provided decisive penalties. Analysis of the verdict in Decision Number 8/Pid.B/2018/PN. Bks indicates that the perpetrator was charged under Article 170 paragraphs (1) and (2) jo Article 55 paragraph (1) of the KUHP, receiving an 8-year prison sentence for vigilantism leading to death. Despite the verdict being based on the fulfillment of the elements of the charges, the research asserts that law enforcement against vigilantism has not yet demonstrated its effectiveness. In this context, there is a need for a legal process more aligned with justice and legal certainty for the victims. The research methodology employed is Normative Juridical, utilizing secondary data and expert interviews. The findings highlight the importance of effective law enforcement against vigilantism that meets the elements of Article 170 or 351 of the KUHP to achieve justice for the victims.

PENDUGAAN STATUS STOK DAN INDIKATOR BIOEKONOMI PERIKANAN KERAPU DI TELUK SALEH, NUSA TENGGARA BARAT

One of the challenges in managing small-scale fisheries with limited data is the need for indicators to estimate the stock status and the total allowable catch for sustainable utilization of fish resources. This study aims to estimate the stock status, catch, and optimal fishing effort of the grouper fishery in Saleh Bay, West Nusa Tenggara Province by using the Length-based Spawning Potential Ratio analysis, production surplus model, and bioeconomic approach. Based on the results of this study, it is known that Plectopomus leopardus and Epinephelus coioides are in overexploited condition, while Plectropomus maculatus is in fully exploited status. This study also shows that with a bioeconomic approach, optimal conditions for grouper fisheries in these waters are achieved when the catch is 3,862.1 tonnes per year. The results of this study underline the importance of maximum economic yield-based management as a framework for a fishing quota-based system as an additional instrument in implementing sustainable fishery management in the future. The success of applying the quota system and the total allowable effort is determined by the accuracy of the catch data of small vessels around Saleh Bay under regulatory provisions, supervision and effective law enforcement, the socio-cultural conditions of local communities and the level of compliance with regulations.Keywords: fishing effort, grouper, overfished, quota system.

Tobacco Vendors' Perceptions and Compliance with Tobacco Control Laws in Nigeria.

Tobacco vendors are critical stakeholders in the tobacco supply chain. This study examined their perception, compliance, and potential economic impact of Nigeria's tobacco control laws related to the retail setting. This was a qualitative study involving in-depth interviews of 24 purposively selected tobacco vendors. The face-to-face interviews were aided by a semi-structured interview guide, audio-recorded, transcribed verbatim, and analyzed using thematic analysis with NVivo version 12. Five themes emerged, encompassing reasons for selling tobacco, awareness, perception, compliance with tobacco sales laws, the potential economic impact of the laws, and law enforcement activities. Vendors commenced tobacco sales due to consumers' demand, profit motives, and advice from close family relatives. They were unaware and non-compliant with most of the retail-related laws. Most participants had positive perceptions about the ban on sales to and by minors, were indifferent about the ban on Tobacco Advertising Promotion and Sponsorships (TAPS) and product display, and had negative perceptions about the ban on sales of single sticks. Most vendors stated quitting tobacco sales would not have a serious economic impact on their business. In conclusion, the vendors demonstrated limited awareness and non-compliance with various retail-oriented tobacco control laws in Nigeria. Addressing these gaps requires targeted educational campaigns and effective law enforcement strategies to enhance vendors' compliance.

IMPACT OF POLICE CYNICISM ON CRIME REPORTING: INSIGHTS FROM ANGELES CITY, PHILIPPINES

This research delves into the intricate relationship between police cynicism and crime reporting behavior in Angeles City, Philippines. It takes a comprehensive approach, aiming to identify both the factors that encourage and discourage crime reporting while examining the influence of police cynicism. The research utilizes a mixed-methods design, encompassing a descriptive survey and correlation research. The survey includes questions regarding individuals attitudes towards the police, their willingness to report crimes, and their perceptions of the polices effectiveness in combating crime. The correlation research specifically delves into the connection between police cynicism and crime-reporting behavior, hypothesizing that higher levels of police cynicism correlate with lower levels of crime reporting and vice versa. The findings of this study carry significant implications for improving crime reporting behavior, ultimately contributing to enhanced safety in Angeles City. The research underscores the existence of generally positive attitudes toward crime reporting, driven by an awareness of the seriousness of offenses, a sense of empowerment, and a shared responsibility for community well-being. This positive disposition emphasizes the need for law enforcement agencies and policymakers to consider community engagement strategies and initiatives that encourage reporting. The research also reveals that discouraging factors do exist, particularly concerning non-traditional crimes, where fears and distrust in the justice system play a significant role. While there is a prevailing trust in the local polices effectiveness, the weak correlation between positive police perceptions and actual reporting behavior highlights the need for a holistic approach in policy development. Furthermore, the positive correlation between discouragement and encouragement factors in reporting suggests potential policy implications, calling for in-depth research to further comprehend the intricate dynamics influencing reporting behavior. The findings collectively emphasize the multifaceted nature of public perceptions and reporting motivations, underlining the interconnectedness of these elements. Policymakers are encouraged to adopt comprehensive approaches that foster community trust and enhance reporting behavior, while researchers are urged to delve deeper into these nuanced relationships to inform evidence-based policies for public safety and more effective law enforcement in Angeles City. KEYWORDS: crime reporting, crime reporting behavior, police cynicism, encouraging and discouraging factors of crime reporting

Ensuring the Health and Safety of Indonesian School Children: Legal Protections in Snack Consumption

The health and safety of school children in Indonesia in the consumption of snacks in the school environment is an important aspect that needs to be carefully guarded. Ensuring that children receive healthy, safe, and nutritious snacks requires rigorous legal tools. This article reviews the existing legal framework and enforcement measures needed to ensure the health and safety of schoolchildren during snack consumption. While there are already regulations governing snacks, law enforcement, and public awareness in this regard remain a challenge. The government needs to improve law enforcement efforts by conducting strong coordination, strict supervision of food manufacturers, and providing counseling to parents and students on the importance of choosing healthy snacks. With strong regulations and effective law enforcement, we can ensure that schoolchildren in Indonesia consume healthy and safe snacks and support their proper growth and development for a healthier and more competitive young generation for the betterment of the nation.

Assessing Antitrust Damages in Follow-On Actions Against Cartels

AbstractAssessing damages in follow-on actions against cartels that have infringed EU or domestic antitrust law is still in its infancy in Europe. This Article highlights the reasons why this issue has only recently started reaching the courts and analyses the pitfalls and problems courts face when calculating or estimating the amount of loss caused by a cartel to individual plaintiffs. As this endeavour raises complex economic questions, the Article outlines the basic economic approaches to measure antitrust harm and derives general principles from EU law on how courts should deal with economic evidence in follow-on actions to ensure an effective enforcement of competition law.

In Search of A Just And Equitable Agricultural Land Dispute Settlement In Indonesia

Agricultural land dispute is commonly resolved by a non-judicial settlement. It however experienced silent conflict and a just and due process of law due to multiple interests involved. Responding to these salient disputes, in 2021 the International Institute for Unification of Private Law (UNIDROIT) established a legal guide to assist developing countries to draft a more sustainable and responsible agricultural land investment contract (ALIC). In Liew to the UN Guiding Principle on Business and Human Rights (2011), the state and enterprises shall exercise adequate oversight to protect the breach of human rights including the customary land rights. The research aims at assessing the agricultural land dispute settlement pursuant to ALIC. It was found that land dispute settlement was dependent upon the maintenance of social control consisting of a dynamic mixture of informal and formal systems. This type of social control enabled creating a balance between disputants, minimizing transactional costs and promoting effective law enforcement. The article elaborated land dispute settlement in two different cases in Indonesia and discusses non-litigation hybrid model of land dispute resolution to promote a better strategy for resolving a land dispute in Indonesia. At the same time, this model may serve as a potential method to provide a better strategy to promote private rulemaking to prevent further disputes as a transition to the application of ALIC.

Mass shootings, firearm injuries, and mental health

IntroductionThe correlation between mass shootings, firearm injuries, and mental health is an ongoing polarized debate within the U.S., making it essential to develop public policy on mental illness and firearm injuries exacerbated by a significant increase in firearm sales in March 2020. Although many mass shooters are labeled “mentally ill,” mental illness is only present in a small minority of cases. Most mentally ill people are never violent but are more likely to be the victims of violence.Easy access to firearms and a triggering event deriving from social and economic inequalities are primary causes of mass shootings and growing online radicalization. Radicalization can easily lead to fatal firearm injuries, particularly for individuals with diagnosed or undiagnosed mental illness. RecommendationsProposed solutions include permits for firearms purchase, including a 25-year-old age limit, universal background checks, and banning large-capacity magazines. Additionally, a speedy and effective law enforcement response is the sole factor and the most reliable way to stop a mass shooting once it has started. The research identified several other recommendations, including expanding Medicare and mental health care access, expanding school safety and law enforcement training, and promoting public education about mental health and firearm safety.

Actualization Of Human Rights In The Case Of Rempang Island In Indonesia In The Perspective Of Environmental Law

This study aims to further review human actualization in the case of Rempang Island in Indonesia in the perspective of environmental law. This study investigates the case of Rempang Island in Indonesia, a conflict containing human rights violations reviewed through environmental law. In the perspective of environmental law, a healthy environment is everyone's right without exception, so environmental damage is against the law. Violations in the environmental domain must be safeguarded based on appropriate legal settlement procedures. In the case of Rempang Island, the actualization of human rights in the perspective of environmental law can be interpreted as the protection of people's rights to their land and environment, as well as transparent and effective law enforcement to prevent environmental damage and human rights violations.

Tax Collection Strategies and Compliance of Residential Rental Income Earners in Kasarani Sub-County, Kenya

Financial freedom is one of the goals economies dream to achieve in both developed and developing nations through taxation. However, non-compliance according to previous literature hindered tax authorities from achieving the set tax collection targets. Drop in National Residential rental income tax collection was reported in the year 2020 by Organization for Economic Cooperation and Development in Kenya. Similarly, the Country’s tax authority data revealed reduction in tax collection for Kasarani Sub County in the year 2020/2021. The key objective of this research was to investigate influence that tax collection strategies have on the compliance of residential rental income earners in Kasarani sub-county in Kenya. The specific objectives aimed at determining the influence of taxpayers trust building, Knowledge &amp; tax awareness, modern technology adoption and effective tax law enforcement strategies on the compliance of residential property owners. The research was anchored on the social exchange, reasoned action, technology acceptance and economic deterrence theories. Descriptive research design was applied to evaluate the influence of independent variables on the dependent ones. A population of 871 property owners was considered with 274 respondents obtained from population target in aid of stratified sample model whereas questionnaires were applied in collecting primary data. Analysis of data was run on multiple regression model supported with descriptive techniques. Validity test together with reliability analysis was done using Analysis of Variance and Cronbach Alpha models. Multicollinearity, normality, heteroscedasticity, and linearity tests were undertaken for diagnostic purpose. Study findings indicated that tax payer’s trust building (t=3.399, p&lt;0.05), knowledge &amp; awareness campaign (t=5.732, p&lt;0.05), modern technology (t=2.897, p&lt;0.05) and effective tax law enforcement strategy (t=4.795, p&lt;0.05) had positive and significant effect on the compliance of Residential Rental Income earners in Kasarani Sub County. The study concluded that mutual trust building aided mobilization of public support for tax collection agenda prompting the initially skeptic residential rental income taxpayers to embrace tax compliance, that tax knowledge &amp; awareness strategy positively affected tax compliance, tax collection and reporting through the modern technology based systems proved to significantly support tax compliance and that the tax law enforcement measure is very strategic in influencing tax income collection. Study recommended use of competitive communication skills as a trust building window in formal and informal interactions between the taxpayer and agency on matters tax compliance. The study recommended the training of taxpayers on use of technology and expansion of its tax labs centers networks close at the Sub County level for easy access.

A holistic qualitative exploration on the perception of scams, scam techniques and effectiveness of anti-scam campaigns in Malaysia

PurposeScams are indeed malicious attempts to influence people and can take many forms, including online scams. With the increasing availability of technology, scammers have more tools at their disposal to create convincing and sophisticated communications that appear to come from legitimate sources, such as emails, text messages or social media posts. These scams can be designed to trick individuals into clicking on malicious links, downloading malware or ransomware or providing sensitive information such as login information, financial information or personal details. Scammers often use social engineering techniques to persuade their targets to take specific actions, such as creating a sense of urgency, offering a reward or prize or posing as a trusted authority. These tactics can be highly effective, particularly if the target is unaware of the warning signs of a scam or is unfamiliar with how to protect themselves from online fraud. This paper aims to explore the extent and nature of this problem and evokes the concern that the general public is vulnerable and susceptible to scams if they are not resilient and aware. This paper also explores why victims fall for online scams and uncovers preventive measures to enable a direction in tacitly strategizing ways to create more impactful and effective awareness campaigns.Design/methodology/approachThis study explores these aspects through a holistic qualitative approach. Using in-depth interview techniques with six victims, six non-victims, four law enforcement officers, four scammers and seven stakeholders from various agencies such as banks, telecommunication agencies and the Malaysian Communications and Multimedia Commission involved in combating the issue of scams.FindingsThe findings generally revealed that participants who were victims of scams felt Malaysians were susceptible to scams, easily fooled and had a nonchalant attitude. Most participants also highlighted that public safety is important for ensuring a high quality of life for citizens that should work closely between the government and non-government agencies, including effective law enforcement and crime prevention strategies.Originality/valueThe uniqueness of this study is the feedback from scammers themselves and their input towards authority and victims. Overall, the respondents provide their views drawing strength from the ever-changing technological background as well as the susceptibility of security features and vulnerability of human engagement.

Konsep Idealisasi Penegakan Hukum Pajak dengan Eliminasi Administrative Penal Law terhadap Pelanggaran Pajak di Indonesia

The position of tax law also called as public law because it cannot be separated from the administrative law section. Through the mandate of the constitution, the state is authorized to collect taxes and regulate tax law enforcement. The legality of the tax so that the existence of the tax arises because it has a function as the receipt of state revenue funds. If the coherence is consistent with the tax function, then the law enforcement will be maximally in line with the tax function. Otherwise, the fact shows that in tax law enforcement with criminal sanctions there are still counter-productive to its function, so that it is necessary to idealize a more effective and efficient tax law enforcement so that it is in line with the intention of the tax function. By using normative juridical research methods and conceptual approach, comparative approach. This research can provide an overview of the problem of the implementation of criminal sanctions in the constellation of tax law that is less effective and efficient. On the contestation of criminal sanctions and administrative sanctions in tax law enforcement, a consensus can be taken that administrative sanctions are more dominant because of the orientation of financial coercion.&#x0D;

RELATIVE IMPEDIMENTS OF CORRUPTION AS CORRELATE OF EDUCATIONAL SUSTAINABILITY IN CROSS RIVER UNIVERSITY OF TECHNOLOGY, CALABAR: PSYCHOLOGICAL IMPLICATIONS

The study impediments of corruption as a correlate of educational sustainability in Cross River University of Technology, Calabar: Psychological implications, and possible solutions. Two research questions were posed to guide the study. Two research hypotheses were formulated based on the research questions posed. The total population for the study was four hundred and twenty-five (425) lecturers. The sample of the study was two hundred and six lecturers comprising both males and females. The instrument for data collection was both quantitative and qualitative. To establish the internal consistency of the research instrument, Cronbach’s reliability estimate was analyzed alongside the split-half coefficient estimate. From the data analyzed, the following findings emerged. There is a significant predictive relationship between embezzlement of funds and educational sustainability and there is a significant predictive relationship between abuse of office and educational sustainability. Based on the findings, it was recommended that proper accountability should be ensured on any amount of money given to the management for the development. The lecturers specifically the male should be properly checked for sexual harassment with the female students and effective law enforcement should be put in place to ensure that corruption is stamped out in our educational system.

The People: A Serious Role-playing Game Designed to Address a Humanitarian Crisis

In this article, I present a case study of the serious role-play game The People, which was created as a response to the migration crisis on the Polish-Belarusian border in cooperation with an engaged collective of researchers and groups of activists. The game combines elements of role-playing, a board game, and cards to present the complexity of the situation in the Emergency State Zone on the Polish-Belarusian border, especially on the practical, social, and institutional levels. The purpose of the tool is to raise the participants’ awareness of the current situation and to enhance an active search for solutions to the crisis.&#x0D; The game enables participants to adopt a perspective of a border zone resident or a refugee, and ultimately modify the rules governing the world to make it fairer. Providing the participants with agency to reconstruct the game environment during the debriefing made it possible to generate numerous possible solutions at the level of direct interventions; e.g., providing shelters in forests, training residents in first aid; legal, e.g., access by doctors and media, allowing humanitarian organizations; and executive, e.g., more effective enforcement of European law. Also, the exposure to goals inconsistent with personal views under significant immersion evokes various strategies to deal with the clash, including passive agreement, rationalization, gentle disagreement, and extreme disagreement. Such a game can inspire a positive change in the level of participants’ understanding, interesting solutions, activist attitudes, and empathy towards asylum seekers. However, the game can also expose the dangerous, existing mechanisms that pose a challenge to society, and what should be monitored and possibly mitigated in the future.