Procedural Fairness Research Articles

THE CONCEPT OF ELECTRONIC JUSTICE AS AN ELEMENT OF THE MODERN LEGAL SYSTEM

Electronic justice opens new horizons for improving the civil process, this is a new stage in the development of the judicial system, which offers numerous opportunities to improve the efficiency and accessibility of justice, allows to increase the accessibility, efficiency and fairness in judicial procedures, and also to reduce time and resource costs. The introduction of electronic justice requires attention to detail and consideration of the needs of all participants, but its advantages and prospects make it an integral part of the modern legal system. Currently, the terminological and conceptual apparatus of the legal phenomenon under consideration is being formed, which is reflected in the current, first of all, procedural legislation. The article examines approaches to defining electronic justice.

Beyond Derogations in the EU Crisis Regulation

Abstract The recent Pact on Migration and Asylum, a package of legislative and policy reforms to the European Union (EU) asylum acquis, introduces the concept of expedited procedures for asylum seekers likely to be in need of international protection. These procedures can be implemented under the new Crisis Regulation, which can be triggered in situations of crisis and force majeure. Generally, the Crisis Regulation foresees a range of problematic derogations from the EU asylum system, while the potential use of expedited procedures presents more protective options for granting asylum in crisis and force majeure situations. This article explores the possibility of implementing prima facie or manifestly well-founded procedures under the new Crisis Regulation, arguing for creative, flexible and scaled-up use of expedited procedures, drawing on international practice, to provide fast, fair and efficient procedures to recognise the status of refugees entering the EU in times of crisis.

Partnering for energy justice: Indigenous–corporate relationships in renewable energy industries in Australia

Around the world Indigenous communities are involved in the renewable energy industries. Relationships with for-profit corporations are integral to this development. Indigenous communities are entering into partnership with renewable energy corporations or developing their own renewable energy corporations. Relying on doctrinal, desk and case study methodologies, this article analyses six case studies and identifies three Indigenous–corporate relationships in the renewable energy sector in Australia. These include (1) renewable energy corporations that have proposed partial agreements with Indigenous communities; (2) Indigenous-led partnerships with non-Indigenous corporations; and (3) Indigenous-owned renewable energy projects. We interrogate these Indigenous–corporate relations in the context of energy justice with a focus on fairness in procedure, recognition, and distribution of benefits. We conclude by highlighting the gaps in energy justice in the current practices of Indigenous–corporate relations in renewable energy industries in Australia. Accordingly, this article is significant because it fills a gap in the scholarly literature on Indigenous and corporate relationships. Furthermore, it sheds light on the practices in the field that play an important role in government and community policy development centred around the improvement of Indigenous and corporate relationships – and settler colonial interactions more generally.

The Interplay of Fairness and Performance-Based Pay: Insights into Employee Compensation Satisfaction

This study examines the relationships between performance-based compensation, internal salary fairness, procedural fairness in pay determination, external pay fairness, and employee satisfaction with compensation, using a structural equation model. Data was collected from employees working in state-owned and small-to-medium-sized private enterprises in Beijing and Xi'an through a combination of direct and outsourced survey distribution methods. The model was refined based on empirical analysis of the interactions among these variables. Results show that a stronger link between performance and pay enhances both the fairness of compensation procedures and external pay fairness. Additionally, the perceived fairness of salary allocation and procedures significantly contributes to improved overall salary satisfaction.

Original position arguments: an axiomatic characterization

Abstract We study original position arguments in the context of social choice under ignorance. First, we present a general formal framework for such arguments. Next, we provide an axiomatic characterization of social choice rules that can be supported by original position arguments. We illustrate this characterization in terms of various well-known social choice rules, some of which do and some of which do not satisfy the axioms in question. Depending on the perspective one takes, our results can be used to argue against certain rules, against Rawlsian theories of procedural fairness, or in support of richer, multidimensional models of individual choice.

Aligning rhetoric with reality: a qualitative analysis of multistakeholder initiatives in the global food system.

Global food system governance increasingly relies on multistakeholder initiatives (MSIs) that aim to include those who are affected by and/or affected by an issue. Multistakeholderism's perceived legitimacy is premised on both its outcomes (output legitimacy) and processes (input legitimacy), the latter in turn based on four key rationales: inclusiveness, procedural fairness, consensual orientation and transparency. To date, evidence on the ineffectiveness of MSI's outcomes undermines its claims to output legitimacy. While individual case study assessments have also raised concerns over their processes, documenting instances of power asymmetries and corporate capture, there has hitherto been no comprehensive assessment of the input legitimacy of multistakeholderism. This work addresses that gap through interviews with 31 participants working either in or on MSIs. Participants noted significant challenges related to input legitimacy, including that (i) inclusion was often based on pre-existing networks of an MSI's founders-most of whom were based in the global North-and risked excluding less well-resourced or marginalized actors; (ii) pre-existing power imbalances, both internal and external to the MSI, considerably influenced its processes and structures; (iii) goal-setting was complicated by conflicts of interest and (iv) reliance on informal processes limited transparency. The similarities in challenges across MSIs indicate that these are not attributable to shortcomings of individual MSIs but are instead indicative of wider system constraints. Rather than rely on multistakeholderism as a 'good' governance norm, our findings add to evidence that MSIs do not meet output legitimacy and signal that the legitimacy of MSIs in their current form should be questioned.

Censoring Speech in Democracies: South Korea

In South Korea, both conservatives and progressives restrict allegedly harmful speech, claiming to protect democracy and individual rights. Conservatives restrict "pro-communist" and pro-LGBT speech, while progressives target racist slurs and especially "far-right" speech supporting Japanese colonial (1910–1945) or anti-communist (1948–1987) regimes. These controversial restrictions contribute to a global debate among proponents of liberal-democratic values ("liberals" or "democrats") about the relationship between procedural and substantive rights and norms (PRN, SRN). Procedural refers to formal-legal rights (e. g., free speech) and non-legal norms (impartial reporting) associated with fair procedures. Substantive refers to rights and norms associated with fair substantive outcomes, such as nondiscrimination and equal dignity. Proponents of a zero-sum perspective, including victim-rights and militant- democracy advocates, believe illiberal actors exploit PRN to harm vulnerable groups and/or democratic institutions. Therefore, liberal procedural rights (e. g., free speech) and norms (objectivity) should not be equally applied to harmful speakers. Conversely, positive-sum advocates argue that uniformly respecting procedural rights and norms for all persons (including allegedly illiberal ones) better protects everyone's overall rights (procedural and substantive). Despite South Korea's transition to civilian-led democracy, self-identified democrats, both conservative and progressive, continue to restrict PRN for certain speakers. Other democrats oppose such selective, and often arbitrary, restrictions. The ongoing contestation among zero- and positive-sum liberals shapes the meaning and direction of liberal democracy in South Korea.

American Geriatrics Society position statement: Making medical treatment decisions for unrepresented older adults

AbstractThis paper is an official position statement of the American Geriatrics Society (AGS) and updates the 2017 AGS position statement, Making Medical Treatment Decisions for Unbefriended Older Adults. In this updated position statement, the term “unbefriended” is replaced by “unrepresented” as a term that is more value‐neutral, more accurately describes the circumstance in which a person without medical decision‐making capacity does not have recognized surrogate representation, and better aligns with increasingly preferred terminology as reflected in recent medical literature. We define unrepresented older adults as those who (1) lack decisional capacity to provide informed consent for a particular medical treatment, (2) have not executed an advance directive that addresses the medical treatment at hand and lack capacity to do so, and (3) lack representation from a surrogate decision‐maker (i.e., family, friend, or legally authorized surrogate). Making medical decisions on behalf of unrepresented older adults is exceptionally challenging and, given demographic trends, is likely to become increasingly common in the years ahead. The process of arriving at treatment decisions for this population should follow standards of procedural fairness and include capacity assessment, search for potential surrogates, team‐based efforts to determine the patient's values and preferences, and steps to guard against bias. Proactive measures are needed to identify older adults at risk for becoming unrepresented. This position statement also calls for national efforts to reduce state‐to‐state variability in legal approaches for unrepresented patients.

Accepting a party’s decision to (not) participate in a coalition government. Does the inclusiveness of the decision-makers make a difference?

ABSTRACT The decision whether or not to participate in a coalition government is crucial for parties operating in parliamentary democracies using a list-PR system. For party members, agreeing (winning) or disagreeing (losing) with this decision can potentially have a considerable impact on their attitudes and potential behavior including party and membership satisfaction, support for the decision-making process, decision acceptance, activity within the party, leaving the party and no longer voting for the party. It has extensively been documented that losers of elections and referendums become less supportive of the political system, but the question is whether such a winner-loser gap also occurs when party members win or lose on a difficult party decision. In addition, according to the procedural fairness theory, including party members in the decision-making process might ease the pain of losing. However, the exact impact of the openness of decision-makers (inclusive or exclusive) on the effect of winning and losing on members’ attitudes and potential behavior remains unclear. Based on a survey experiment among party members of two parties in Flanders (Belgium), we find consistently significant differences in members’ attitudes and potential behavior after winning or losing the decision of government participation. Remarkably, there is only limited moderating influence of the kind of decision-makers on the effect of winning or losing.

Research trends of cooperation in social dilemmas from 2003 ‐ 2023: A bibliometric study using CiteSpace

Over the past two decades, researchers have thoroughly investigated cooperation within social dilemmas to address societal challenges. However, there has been limited interdisciplinary review of this field. This paper provides the first comprehensive analysis of 2,232 articles from 2003 to 2023 within this research domain, utilizing CiteSpace. Our analysis includes statistical, collaboration, co-citation, and keyword co-occurrence analyses to elucidate current trends, key contributors, themes, and emerging areas. The findings indicate that: (1) The publications have shown a rising trend, meaning cooperation topics in social dilemmas receive wide attention. (2) Cooperation in social dilemmas is a prominent and interdisciplinary topic characterized by strong collaboration among regions, authors, and journals. (3) Key topics include social value orientation, spatial public goods games, procedural fairness, and group cooperation. Additionally, emerging research trends may encompass evolutionary dynamics of cooperation, complex networks of social dilemmas, sex differences in cooperation, and climate change. (4) Future research should focus on interdisciplinary theoretical integration, the brain mechanisms of cooperation, emerging social dilemmas in the real world, and cross-cultural comparative studies. This study provides a reference for researchers to understand the theme and research hotspot of cooperation within social dilemmas.

Procedural fairness and safety in the acceptance of nuclear waste disposal in Germany: an empirical study

Both theoretical and empirical publications in the risk perception literature indicate a negative relationship between trust (or confidence) and the perception of risk with respect to a technology. In the case of nuclear waste management, Germans generally perceive there to be high risks, and the authorities are trying to increase trust to reduce that perception. A recent study determined that, when selecting a site for a deep geological repository in a community, trust is more important for acceptance of the decision-making procedure than it is for acceptance of the repository itself. In this study, we further investigate the relationship between perceived fairness, trust, in terms of confidence and acceptance of the site selection procedure, and the relationship between risk and safety in the acceptance of a repository. A questionnaire was administered online to a sample comprising N = 2490 German citizens (50% women) to investigate respondents’ opinions on the named variables. Correlations and regression analysis were applied to examine the data. The results indicate that confidence in institutions and acceptance of the procedure increase if it is perceived to be fair; similarly, acceptance of the repository itself increases with the belief that it can be safe. These results enhance the knowledge about how perceived fairness and safety together with confidence support acceptance of the procedure and a repository itself. Suggestions are made regarding how to measure the value-related variables of fairness and safety, and future research directions are discussed.

Procedural fairness in algorithmic decision-making: the role of public engagement

Despite the widespread use of automated decision-making (ADM) systems, they are often developed without involving the public or those directly affected, leading to concerns about systematic biases that may perpetuate structural injustices. Existing formal fairness approaches primarily focus on statistical outcomes across demographic groups or individual fairness, yet these methods reveal ambiguities and limitations in addressing fairness comprehensively. This paper argues for a holistic approach to algorithmic fairness that integrates procedural fairness, considering both decision-making processes and their outcomes. Procedural fairness emphasizes the importance of fair decision-making procedures, which aligns with theories of relational justice that stress the quality of social relations and power dynamics. We highlight the need for substantive procedural fairness to ensure better outcomes and address forward-looking responsibilities. Additionally, we propose leveraging Public Engagement, a core dimension within the well-established Responsible Research and Innovation framework, to enhance procedural fairness in ADM systems. Our contribution underscores the value of Public Engagement in fostering fairer ADM processes, thereby expanding the current focus beyond technical outcome-based approaches to encompass broader procedural considerations.

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

Exploring legitimacy in a municipal budget decision in Switzerland: empirical insights into citizens' perceptions.

This study examines legitimacy in municipal budgeting decisions, focusing on input, throughput and output dimensions. Using data from four Swiss studies, we explore how citizens assess these dimensions across traditional and innovative decision-making processes and investigate the impact of different voting methods on legitimacy perceptions. Our findings reveal that in routine processes using traditional voting, legitimacy dimensions are considered collectively. Conversely, in innovative participatory budgeting, dimensions are judged separately, involving more active evaluation. Throughput legitimacy (perceived fairness) emerges as crucial in both contexts, while input and output legitimacy's importance varies by process type. The Method of Equal Shares voting system shifts focus towards procedural fairness, increases representation and is perceived as fairer than the traditional Greedy method. However, even fair processes cannot fully compensate for outcome dissatisfaction, highlighting the complex interplay of legitimacy dimensions. This research contributes to understanding legitimacy construction in municipal decision-making, offering insights into the relationship between voting methods and legitimacy perceptions. The findings have implications for policy-makers seeking to enhance the effectiveness and acceptance of budgeting processes. This article is part of the theme issue 'Co-creating the future: participatory cities and digital governance'.

Exploring the differences and influencing factors between top-down and opinion-reflective approaches regarding public acceptance of final disposal of soils removed after the Fukushima nuclear accident.

The final disposal of the soils removed from the area affected by the Fukushima nuclear accident will be carried out by 2045. This study investigated how acceptance of final disposal differed between top-down, opinion-aggregative, and opinion-reflective approaches to the decision outcome, and what factors influenced these differences. In 2022, a survey of 3000 randomly selected participants living outside Fukushima Prefecture was conducted using the postal method, with responses obtained from 871 consenting participants. The proportions of respondents who agreed to accept the final disposal were 22.6, 37.6 and 56.9% for the top-down, opinion-aggregative, and opinion-reflective approaches, respectively. The preferences for both opinion-aggregative and opinion-reflective approaches showed significant positive associations with interest in final disposal and social benefits, and significant negative associations with intergenerational expectations and age. This study highlights the importance of procedural fairness in determining final disposal sites, and identifies factors that contribute to greater acceptance through this process.

Tax Compliance Non-Prosecution: Logical Foundations, Application Review, and Integrated Pathways—A Perspective from the Greater Bay Area in China

Compliance non-prosecution serves as a criminal incentive mechanism aimed at encouraging private enterprises to strengthen internal management and prevent criminal conduct, representing a proactive response to modernizing crime governance centered on cooperative justice. As a significant economic engine, the Greater Bay Area in China would benefit from an integrated tax compliance criminal system to support tax compliance within enterprises involved in legal disputes, promoting their sustainable development. Given the unique characteristics of tax-related cases, the Greater Bay Area should establish a tax compliance criminal procedure led jointly by legal and prosecutorial authorities. This procedure should categorize cases by severity into discretionary non-prosecution and conditional non-prosecution, thus creating a unified standard that integrates governance and prevention in tax compliance rectification. Additionally, an interconnected tax compliance cooperation mechanism should be established within the Greater Bay Area. Such unified regulations on tax compliance non-prosecution would strengthen collaboration in tax enforcement, enhance the standardization, fairness, and transparency of criminal tax compliance procedures, and ultimately improve both enforcement efficiency and judicial authority.

The monusco Force Intervention Brigade at 10 and the Quest for Fair UN Peacekeeping Involvement in Non-International Armed Conflicts

Abstract This article aims at assessing the fairness of peacekeeping involvement in non-international armed conflicts in light of ten years of practice of the monusco Force Intervention Brigade (2013–2023). The article posits that respect for the three principles of peacekeeping, namely non-use of armed force except for self-defence, neutrality/impartiality, and consent of the belligerents, can be used to measure the fairness of a peacekeeping mission. Reference to procedural fairness as legitimacy, following the work of Thomas Franck, is employed here. The article describes the mandate of the monusco Force Intervention Brigade in light of ten years of the UN Security Council’s resolutions and practice in the field to conclude that the mission does not comply with the principles of peacekeeping and, thus, it cannot be seen as a fair UN involvement in a non-international armed conflict.

Cross Retaliation Under TRIPS: A Creative Remedy When Power Disparity Exists

The WTO system has largely achieved procedural fairness, yet substantial challenges persist in addressing the equity of legal remedies and enforcement, particularly amid significant disparities in economic power among member states. Such power imbalances necessitate a nuanced consideration in the design of the system to ensure that fairness transcends procedural aspects and reflects in substantive outcomes. In that context, Intellectual Property (IP) retaliation emerges as an innovative and temporary method to address these imbalances, offering a mechanism to level the playing field between developed and developing countries. While IP retaliation has gained traction as a strategic tool to mitigate power disparities, its mechanisms remain inadequately defined and require further empirical validation and refinement in practice. This highlights the need for ongoing reform within the WTO system to enhance both the clarity and effectiveness of IP retaliation, ensuring it serves as a viable and fair recourse in international trade disputes.

Procedural Fairness in Budgeting and Employee Performance in The Context of Information Sharing

Information sharing and procedural fairness are crucial for achieving business objectives through employee performance. The results of this research will help firm management make decisions about how to improve employee and company performance by upholding procedural fairness and increasing information sharing between superiors and subordinates. This research aims to examine the effect of procedural fairness on information sharing, the effect of information sharing on employee performance, and the mediating role of information sharing on the effect of procedural justice on employee performance. This study uses primary data collected through questionnaires. The sample consisted of 108 sub-manager level employees (services, trade, and manufacturing) selected based on a purposive sampling technique. Data analysis was conducted using the regression method. Data analysis findings indicate that procedural fairness affects employee performance, which is mediated by information sharing. If procedural justice is applied, communication will be better, especially regarding relevant information; this can improve employee . As demonstrated by empirical studies of Indonesian companies, there is currently no research that reveals the relationship between procedural fairness, information sharing, and employee performance. performance. However, cross-sectional studies have flaws because they frequently lack evidence of causal links between the variables they study. According to empirical studies on Indonesian organizations, no research has demonstrated a connection between procedural fairness, information sharing, and employee performance. Based on the results of the data analysis, it can be concluded that procedural fairness and information sharing positively related to employee performance.

Peculiarities of recognition and enforcement of foreign judgments in Ukraine: problematic aspects

This article examines the legal framework, challenges, and procedural nuances of recognizing and enforcing foreign court decisions in Ukraine. The study analyzes Ukraine's legislative provisions, international treaties, and judicial practices governing the enforcement of foreign judgments, highlighting the impact of Ukraine's commitments under various international agreements. Key factors influencing the enforcement process, such as reciprocity, jurisdictional limits, and procedural fairness, are explored to provide insights into the complexities of cross-border judicial cooperation. The article also discusses recent legal developments in Ukraine that affect the recognition and enforcement of foreign judgments, addressing both practical and theoretical perspectives. The research employs several scientific methods, including the legal, the comparative method to contrast Ukrainian and international approaches, the normative analysis method to examine specific legislative provisions, the systematic method to evaluate the coherence of Ukraine’s judicial policies, and the case-study method to illustrate practical challenges through recent legal examples. The article concludes with recommendations for enhancing Ukraine’s enforcement practices, thereby promoting more effective international judicial cooperation.