Enforcement Order Research Articles

Civil Procedure and International Sanctions

The present study reveals the functions that civil procedure may fulfil in the context of international sanctions in response to foreign policy. The trend of making civil procedure play the role of protector of the interests of sanctioned parties involved in international litigation has been growing in Russia, where the legislator has granted Russian courts exclusive jurisdiction in cases involving parties targeted by Russian sanctions, thus creating a concurrent jurisdiction to the forum competent either on the basis of international competence rules or a forum-selection or arbitration clause. To ensure respect of the exclusive jurisdiction, the legislator has introduced a new procedural mechanism allowing any party targeted by Russian sanctions to make an anti-suit injunction application in order either to prevent or to stop a foreign litigation or an international arbitration to which the sanctioned entity is party in favour of Russian courts. This new legislation has been consistently applied by Russian courts, which has in its turn triggered a wave of reactions on behalf of litigants resisting Russian anti-suit injunctions and seeking to obtain in the competent for a anti-anti-suit or anti- enforcement orders. The latter may be efficient when assets are not located in Russia, but are doomed to fail otherwise. Finally, the study also focuses on the use of other procedural mechanisms, such as discovery applications in the United States, in the context of sanctions. In particular, given that the international mutual legal assistance mechanisms are based on principle of reciprocity, can these mechanisms continue to be used in such context of belligerency?

Understanding Sanctions under the Nigeria Data Protection Act 2023 (Compliance Orders, Enforcement Orders, Criminal Sanctions) and the Legal Options Available to a Data Subject

Understanding Sanctions under the Nigeria Data Protection Act 2023 (Compliance Orders, Enforcement Orders, Criminal Sanctions) and the Legal Options Available to a Data Subject

The Importance of Transparency in Regulation

Abstract The annual audit plan of the Office of the Inspector General (OIG) of the Nuclear Regulatory Commission (NRC), which was issued in November 2020, included an audit of the NRC’s practice of allowing “drop-in” visits. These are closed meetings of senior executives of licensees and NRC management. NRC procedures assume that “drop-in” visits do not concern any matters that are related to pending regulatory decisions that could affect the interests of those licensees. The audit objective was to determine whether NRC policies and procedures for non-public interactions with industry stakeholders are adequate to prevent compromise of the independence of agency staff or the appearance of conflicts of interest. The results of this audit were issued in August 2022. In 2017, the OIG conducted another audit [USNRC, OIG-17-A-23, “Audit of NRC's 10 CFR 2.206 Petition Review Process,” August 22, 2017, ADAMS No. ML17234A561] that focused on the public’s trust and confidence in the NRC. That audit examined the procedure that the NRC staff used to evaluate 10 CFR §2.206 enforcement petitions. The OIG found that the NRC staff had not issued a single enforcement order, as the result of 38 enforcement petitions that it had received in the prior three fiscal years, ending in 2016. The OIG concluded that the lack of such actions could adversely affect the public’s perspective on the effectiveness of the agency’s 10 CFR 2.206 petition process. Both audits are discussed in context with examples that illustrate the NRC’s implementation of its policy of transparency, in theory and practice.

INHERITANCE RIGHT OF ORPHANED GRAND CHILDREN: BANGLADESH PERSPECTIVES

The dilemma of inheritance of grandchildren from the pre-deceased child is one of the most critical areas of Islamic law. According to the classical interpretations of Islamic law, any son of the deceased in general excludes such grandchildren. However, many states brought certain changes into the existing format of Islamic law of succession so as to shield such grandchildren from total exclusion. Egypt, Tunisia, Syria, Morocco, Pakistan and Bangladesh are remarkable for binging changes in this particular area. Pakistan brought a significant change in 1961 by section 4 of the Muslim Family Laws Ordinance (MFLO), which is a milestone event in the history of reformation of Islamic law. In Bangladesh the same law become accepted through the promulgation of the Laws Continuance Enforcement order, 1971’.Section of the MFLO affected the whole structure of Islamic Law of Succession. The main contribution of this work is an attempt to draw the attention of the proper authority for taking steps to ensure the right of orphaned grandchildren and other heirs not violating the Islamic law of succession. For this purpose the author tries to show the injustices to some heirs and the provisions of Islamic law of succession which have been violated caused by the section 4 of MFLO and lastly the author has set up a method that ensures the right of the orphaned grandchildren neither violating the Islamic rule nor excluding any heir. It is a qualitative research.

Legal Regulations of Enforcement Procedure in Selected Foreign Jurisdictions

This article provides a brief comparative analysis of the peculiarities of the enforcement procedures in selected foreign countries and jurisdictions with various legal systems, including France, the United Kingdom, Belarus, Kazakhstan, the Baltic countries, as well as research into the organizational structure of their enforcement agencies. The article also provides an analysis of the diverse procedures applied in EU countries for enforcement of decisions of courts and other authorities in civil and commercial cases, including the European Enforcement Order, European Order for Payment, European Small Claims Procedure, as well as the procedure under the Recast Brussels I Regulation. The author’s objective is to consider the procedures of enforcement of Ukrainian court decisions in these countries, as well as to raise the issue of the possible application of these procedures in the relevant legislation of Ukraine and to provide material for further research and analysis of these options.

차별금지법의 입법적 고려사항에 대한 일고찰

This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.

Exploring work environment management boundaries using work domain analysis

BackgroundWork environment regulations identify specific objectives that employers must fulfil. Work environment is a multidimensional concept encompassing nature of tasks, physical and social conditions, workplace characteristics and organisation, work schedule, prospects to the workers, and the intrinsic rewards associated with the work. Through work domain analysis, the first of the five dimensions of cognitive work analysis, the study explored the boundaries of work environment management. MethodsMixed method including looking at regulatory requirements, a limited literature review and comprehensive discourse with occupational safety and health enforcement officials as subject matter experts provided the information to populate the abstraction decomposition space in the analysis. Affordances of the regulation purposes formed the functional purposes of the work environment management. Work environment indicators identified formed the value and priorities measures. Purpose-related functions were constructed from a work environment model, with subject matter experts providing the relevant physical resources and the functions the resources afford. ResultsAbstraction decomposition space for work environment management was designed showing means-ends links from resources to the purposes they fulfil in the system.From the abstraction decomposition space, it was possible to design results-chain models supporting decision-making. The analysis showed that the functional purposes can be fulfilled with different means-ends pathways. In addition, the purpose-related functions constructions allowed for superimposing of enforcement orders from earlier inspections reports, supporting the validity of the constructs. ConclusionThe study provided structure and content of work environment management, and decision-making models supporting the management practices and strengthening attainment of justifiable work environment.

ACCESS TO JUSTICE

ACCESS TO JUSTICE

Politics of the Debtfare State: Repoliticizing the Czech Debt Enforcement Order and Its Limits

In Czechia, one of the statistically most equal and least indebted states, almost one-tenth of its (mostly low-income) population is entrapped in debt enforcement proceedings. I foreground such a contradiction to investigate the politics of the debtfare state in East-Central Europe (ECE). This nuances the scholarship on the repolitization of the ECE neoliberal state by populist forces and their instrumentalization of its middle-class welfare state strategies in the 2010s. Identifying the Czech debt enforcement industry as a leading poverty industry in ECE, I explore its depoliticizing origins in the Debt Enforcement Order (DEO), a flagship legal framework regulating the creditor–debtor–bailiff relations. Interpreting the political struggle over the DEO-centered debtfare state strategy, I then trace its limited repolitization since the mid-2010s, which redirects its reforms from their original pro-creditor and -bailiff prioritization to a prioritization of low-income debtors. This politics complements the repolitization of the neoliberal state beyond populism.

Social Externalities of Bank Enforcement Actions: The Case of Minority Lending

This paper studies the role banking supervision plays in improving access to credit for minorities by investigating how enforcement decisions and orders (EDOs) affect the bank borrower base. We find that, after an EDO’s termination, banks significantly increase residential mortgage lending to minorities, even when the enforcement order is not issued for violations of fair lending laws. Our findings suggest that improvements in banks’ internal credit assessment and compliance due to the enforcement process are associated with the expansion in lending to minority borrowers. Our findings highlight the indirect social benefits of bank enforcement and supervision.

European Small Claims Procedure in the realm of the other European proceedings

In this article, the European Small Claims Procedure will be analysed in the context of the other European procedures, namely Brussels I bis Regulation (Regulation (EU) No 1215/2012), European Enforcement Order Procedure, European Payment Order Procedure and Consumer ODR Procedure. The aim of each procedure, their benefits for users and drawbacks are compared in order to establish the areas in which the European Small Claims Procedure can be improved or modified contributing better towards the development of more efficient and user-friendly European Union civil proceedings system. Results of the SCAN | Small Claims Analysis Network consortium studies of the application of the ESCP are used as a basis of this article. The article among other issues will cover premises to introduce seamlessly integrated dispute resolution methods and tools in the European Small Claims procedure such as early-diagnostics, negotiations, mediation, etc. in order to create a pyramid-shaped dispute resolution system so that only the disputes that cannot be resolved by using other tools would be channeled to the adjudicative stage.

A Case Note on the UK Supreme Court’s Recent Decision in General Dynamics v. Libya: Hard Cases (Don’t Always) Make Bad Law

In General Dynamics v. Libya, the UK Supreme Court was asked to decide whether the only means for serving on a sovereign state an order enforcing an international arbitral award under the New York Convention was via diplomatic channels. The Supreme Court decided, by a bare majority, that service via diplomatic channels was mandatory. This case note reviews and analyses the Supreme Court’s decision. State Immunity, Service, Proceedings, Sovereign State, Enforcement Order, Hard Cases, UK Supreme Court

Mediation Agreements Notarization in Banking Sector

The paper analyzes the current legislation in the field of mediation and notarization of mediation agreements. It is noted that the agreement became enforceable when, according to the law, the agreement reached by the parties as a result of the mediation procedure conducted without submitting the dispute to the court or arbitration was given the force of an enforcement order provided it was notarized. The emergence of such a mechanism simplified enforceability of mediation agreements and attracted attention of the community, which gave rise to an increase in appeals to the mediation procedure and a simultaneous increase in the cost of the procedure in connection with the notarization of mediation agreements. The authors summarized the experience of conducting bank mediation procedures and identified issues arising during the notarization of mediation agreements. The paper summarizes the practical aspects that, according to the authors, hinder the development of mediation procedures in the banking sector of the economy. The paper formulates proposals aimed at improving the procedure under consideration.

An unsolved case in a culturally diverse community in Italy

The number of foreign citizens resident in Italy is approximately 5 million, making them the 8.7% of the resident population of the country. However, over the past 20 years, foreign citizens accounted for 24% of the total number of defendants involved in homicides, especially associated with robbery, disputes and assaults, generally connected to prostitution. Investigations of cases in the context of culturally diverse or minority communities can be particularly complex. This is due to the education, the cultural background and the cohesiveness of the community, alongside a negative view of law enforcement. These factors determine a relatively low resolution rate of these violent crimes in these communities.The investigation of the suspicious death of an Indian citizen living in Italy is presented in this paper. The body was discovered in a cattle shed, and despite the initial assumption of an accidental death, the cranial lesions were not consistent with the view that the death was caused by a kick by a cow. The results of a multidisciplinary analysis, including imaging, pathology, toxicology and veterinary forensics, were directed towards a homicide, with the manner of death ultimately filed as undetermined. During the course of the investigation, the collaboration between law enforcement and the community was thwart with difficulty, and as a consequence this case is currently unsolved. In order for law enforcement to continue to play a constructive and supportive role, it is imperative that every country invest in civil education of local population and of any ethnic groups, minorities and culturally diverse people.

Merger litigation: more recent developments

There has been a recent increase in merger-related litigation before the Competition Appeal Tribunal, driven largely by an increase in merger prohibition decisions taken by the Competition and Markets Authority. An earlier article considered several merger judgments of the CAT. The present article considers the outcomes of subsequent appeals in two of these cases, Facebook (concerning the CMA’s powers to impose interim enforcement orders) and JD Sports (in which the CAT quashed the CMA’s finding of a substantive lessening of competition). It also considers the outcome of two then pending challenges to CMA decisions to prohibit mergers, FNZ and Sabre. In particular, the Sabre case concerned the CMA’s power to assert jurisdiction, under the share of supply test, to review a merger between two American companies in circumstances where the target company had no direct revenues from customers located in the UK. The judgments in Facebook and Sabre are likely to be of particular relevance to parties that choose not to notify voluntarily their merger to the CMA and so expose themselves to the risk of the CMA identifying and then opening an own initiative investigation into that merger; they confirm that the CMA has a broad discretion in applying the share of supply test and in adopting an IEO of broad scope to the businesses of both merger parties.

Early GDPR Penalties: Analysis of Implementation and Fines Through May 2020

ABSTRACT The General Data Protection Regulation (GDPR), which went into effect in May 2018, enabled European Data Protection Authorities (DPAs) to fine companies up to 4 percent of their annual revenue in the event that they were found in violation of the regulation's requirements for data collection, processing, and use. But the regulation gave DPAs considerable leeway to determine how they would implement these penalties. This article analyzes 261 publicly available GDPR enforcement orders issued by DPAs during the first 24 months of the GDPR implementation. The findings show that most GDPR fines levied so far have been relatively small, many of them within the thresholds set by earlier laws prior to the GDPR. Additionally, only half of the GDPR articles for which penalties are designated have actually resulted in public enforcement actions, and those fines that have been levied focus primarily on violations of five particular articles, four of which pertain primarily to user privacy protections. However, despite the fact that most of the fines issued under the GDPR have been in response to privacy violations, the largest fines have been triggered by security incidents, and, on average, security violations still receive larger fines than privacy violations.

Factors of Stress among Undergraduate Students during Movement Control Order

The implementation of Movement Control Order (MCO) to curb the spread of Covid-19 has various effects on the community, regardless of the field they are involved in. Enforcement order to stay at home has resulted to the closure and restriction of all types of operations including the education sector. Due to the implementation of MCO, the teaching and learning activities that used to be conducted face-to-face have been completely replaced by online learning. This situation eventually has given some stressful impact and has caused difficulties to students of higher learning institutions to continue their studies virtually. Various factors have been found as stressors among undergraduate students. It is hoped that this study would help to find effective ways to reduce stress among undergraduate students.

Dos pronunciamientos judiciales relacionados y decisivos para el avance del reconocimiento mutuo del Reglamento 805/2004: La sentencia del TC 26/2020, de 24 de febrero y el auto de la AP de Girona 243/2020, de 10 de junio

En este trabajo se analizan dos pronunciamientos judiciales, la STC 26/2020, de 24 de febrero y el Auto de la AP Girona 243/2020, de 10 de junio, que vienen a confirmar que solo puede certificarse como Título ejecutivo europeo una resolución dictada en rebeldía si, en el proceso de origen, se han cumplido las normas mínimas establecidas en el capítulo III del Reglamento 805/2004. La supresión de los controles de la resolución en el Estado miembro de ejecución debe estar inseparablemente vinculada a la existencia de una garantía suficiente de que se observen los derechos de la defensa. El órgano de la ejecución solo puede suspender la ejecución mientras se resuelve la impugnación en origen, como sucede en las resoluciones comentadas.

Enforcement Orders Under the Prevention of Women from Domestic Violence Act, 2005 - An Overview of the Conflicting Decisions of High Courts

The attempt in present paper is to take note of the conflicting judgments of different High Courts on the question of maintainability of the Complaint under Section 31 (penal provision) of the Prevention of Women from Domestic Violence Act, 2005 for violation of orders passed under such Act. The conclusion refers to the 136th Law Commission Report dealing with the conflict of High Court Decisions on the identical provision of identical central law and opine that had the recommendation been acted upon, the conflicting decisions of different High Courts on the question of maintainability of the complaint under Section 31 of DV Act, could not have arise and in case such conflict was noted, the matter could have been resolved by the Supreme Court on order of reference by the High Court without waiting for a party to carry the matter in appeal to the Supreme Court. And the citizens would have been protected from deprival of equality of treatment under the very same law.

The questions of administrative enforcement

Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.