Judicial Jurisdiction Research Articles

The constitutional bases of jurisdiction of civil courts

The article is devoted to the essence and content of the constitutional bases of jurisdiction of the civil courts. With the Law of Ukraine «On the Amendments to the Constitution of Ukraine (on the part of Justice)» the amendments to the Article 124 of the Constitution of Ukraine as for the determination of judicial jurisdiction are being introduced. Regarding the circumstances above in the scientific article the questions of the constitutional principles of civil courts jurisdiction are studied considering the legislator’s modern view on the sphere of jurisdiction as the sphere of judicial organs activity which consider and resolve civil disputes. At the theoretical level the similar but not equal concepts of ‘jurisdiction’ and ‘competence’ are studied. Understanding the content of the mentioned categories can also have practical value as the Chapter 2 of the CPC of Ukraine defines the content of civil jurisdiction through the view of the courts’ competence as for the resolution of civil cases (Art. 15 of the CPC of Ukraine). Some attention in the work is paid to the correlation of civil jurisdiction with the determination of a fair trial according to the Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In addition to the foregoing the subject of the study in the present scientific article is the definition of the legal dispute content with which the Constitution of Ukraine in the new edition binds with the necessity to establish the competence of the courts as for the possibility to resolve a case. However, the abovementioned constitutional provision in the new version provides for the possibility of consideration by courts other cases, the content of which, based on the analysis of these regulatory requirements, do not necessarily contain controversial features. This current version of the constitutional provision necessitates new thinking about the content and significance of judicial jurisdiction despite of the presence of relatively numerous dissertations on these issues which were performed, considering the content of art. 124 of the Constitution of Ukraine before the amendments to the mentioned provision by the Law of Ukraine «On Amendments to the Constitution of Ukraine (on justice)» on June 2, 2016 were introduced. Considering the above in the work the conclusion is made that jurisdiction should be understood as the subjective characteristics of the judicial or jurisdictional organ which has the authority to resolve legal matters. Based on this the civil court jurisdiction is characterized as subjective competence of courts to consider and resolve civil cases as determined by the civil procedural law. Taking into account the European Court of Human Rights practice the author singles out the most characteristic features of a ‘dispute’ based on the content of the Art. 6 of the European Convention on Human Rights and Fundamental Freedoms. It is noted that a dispute must relate to «civil rights and obligations»; the courts can decide a dispute only if there is the latter; a dispute may relate not only to the existence of a right but also to its scope or the manner in which it should be used. The definition on the theoretical level of the content of civil courts jurisdiction is linked by the author with the legal opinion of the Constitutional Court of Ukraine, which positively approved the distribution of the courts jurisdiction on all legal relations arising in the state. In this regard, the position, according to which the civil courts jurisdiction can only be spread to the cases of civilistic character, with the signs of a dispute on the civil right can hardly be considered as fair. Following this, it is concluded that consideration of the categories of civil cases, the content of which is not of a disputed nature should be referred to civil courts jurisdiction contents and civil justice as a whole. Such position is proved by the constitutional provision and the Art. 15, part 2 of the CPC of Ukraine which allow to refer to the courts competence the possibility to resolve other types of cases determined by the procedural law.

Judicial jurisdiction and Governing law on the work - for - hire(Subject Decision of this Article : Supreme Court Decision2012Da4763 Decided Jan. 15, 2015)

Judicial jurisdiction and Governing law on the work - for - hire(Subject Decision of this Article : Supreme Court Decision2012Da4763 Decided Jan. 15, 2015)

Judicial jurisdiction and Governing law on the work - for - hire(Subject Decision of this Article : Supreme Court Decision2012Da4763 Decided Jan. 15, 2015)

Judicial jurisdiction and Governing law on the work - for - hire(Subject Decision of this Article : Supreme Court Decision2012Da4763 Decided Jan. 15, 2015)

Проблемы оптимизации судебной юрисдикции и судебной нагрузки на судебную систему в современных условиях

Проблемы оптимизации судебной юрисдикции и судебной нагрузки на судебную систему в современных условиях

Правовые средства оптимизации судебной юрисдикции и служебной нагрузки судей

Правовые средства оптимизации судебной юрисдикции и служебной нагрузки судей

Judicial jurisdiction for the settlement of international disputes

In the previous pages, we have finished discussing the issue of the judicial settlement of international disputes, and at the end of our discussion of it we say, since God Almighty created man, peace has been and will remain the focus of His laws, life, and impenetrable security fence. Great in achieving peace in the world because it tended to prevent war and to achieve international cooperation represented above all in the necessity of resolving disputes by peaceful means. There are many means of resolving international disputes by peaceful means that can be resorted to to resolve all disputes, provided that the concerned countries agree to the method used, and after exhausting the last methods such as arbitration and judiciary,

Private International Law Bibliography 2015: U.S. and Foreign Sources in English

This bibliography covers private international law or conflict of laws in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and foreign-country judgments, extraterritoriality, arbitration and related topics. It includes books and law journal articles published in English during 2015, or earlier but not included in the 2014 bibliography. It does not include articles or essays published in books (as opposed to journals), or writings appearing only in electronic form.

The Structural Rules of Transnational Law

The ability of a country to regulate extraterritorially depends not simply on rules of prescriptive jurisdiction but also on rules of judicial jurisdiction and the enforcement of judgments. The most extraterritorial law in the world will have little impact if a court cannot or will not exercise jurisdiction over defendants who violate it, or if the resulting judgment cannot be enforced against the defendants' assets. Extraterritoriality must therefore be examined not in isolation but as part of a larger set of rules that I have called the structural rules of transnational law.

THE PROBLEM OF THE THEORY OF ORIGIN OF BRITISH CHANCELLOR OF THE COURT

The history of the English law and its legal institutions is quite confusing and full of controversial, sometimes even contradictory theories. The origin of the jurisdic-tion of the Court of the Chancellor of the Institute, greatly influenced the legal system of England, is currently the subject of scientific discussions. Among researchers of the legal aspects of medieval English Chancellor of the Kingdom there is no consensus about the reason for her appearance. At the moment, there are two main theories of the origin of the jurisdiction of the Chancellor. One of them links the emer-gence of judicial functions by delegating certain authority to the Chancellor of the Royal Council, the other, administrative work undertaken by the Office. To show the validity of, any of them, this article will examine the arguments used by adherents of each theory. The author notes that for the Post, the main distinguishing feature of Chancellor lies not in its justice, and its administrative functions. Disputes in the community could be resolved by the Lord of the manor, hundred, or County on the basis of considerations of reason and justice. According to the Post, the Chan-cellor surpassed them only in power because the decisions they had all the authority of government. Some supporters of the theory of the origin of the judicial jurisdiction of the Chancellor also argue that initially, the Chancellor dealt with cases related to work of their clerks, their offences, serves, thus, a means to control them. But this inner court was the Treasury, however, its judicial powers were concerned mostly with issues related to the revenue of the crown, and not developed subsequently in a more extensive competence. According to the results in this article, the author concludes that the probability of origin of judicial powers of the Chancellor of its internal judicial activities is extremely small. We believe that this played some role, but a much more significant factor was the participation of the Chancellor in the Council's work. The issues dealt with by the domestic court of the Chancellor, were too specific, participation in the work of the complaints demanded a broader legal Outlook. Therefore, the dedication of the Chancellor in matters of common law and its servants, because of their activities on the orders, made the Office the perfect candidate for the position of reviewing a large number of subjects.

Causas del control judicial a los actos administrativos disciplinarios proferidos por las procuradurías regionales de Tolima y de Cundinamarca

La Jurisdicción de lo Contencioso Administrativo puede ejercer control de legalidad sobre los actos administrativos sancionatorios expedidos por la Procuraduría General de la Nación, sus delegadas y demás agentes a través del medio de control de nulidad y restablecimiento del derecho. No obstante, dicho instrumento procesal no siempre se usa eficazmente porque existe un desconocimiento respecto de la forma de invocar correctamente las causales de nulidad que motivan su ejercicio judicial. Esa ausencia de discernimiento jurídico puede conllevar a que los disciplinados no logren una decisión judicial a su favor. Para contribuir a solucionar esa problemática, se realizaron una revisión bibliográfica y una investigación de corte descriptivo e interpretativo. En este estudio, se analizaron las sanciones disciplinarias proferidas por las procuradurías regionales de Tolima y Cundinamarca cualitativa y cuantitativamente. En concreto, la investigación examinó las causales de la realización de un control judicial a actos disciplinarios emanados de esas dos procuradurías regionales. Los resultados de esas labores investigativas se dan a conocer en el presente artículo.

TRANSNATIONAL LITIGATION AND ELEMENTS OF FAIR TRIAL

approach. The fair trial guarantee may be invoked to invalidate particular misconceived pieces of legislation or CO restrict their scope of application. It is worth noting that civil law courts are not alone in performing such operations. Judges in every country are more and more aware of belonging to a developing global community. The emergence of such a community of courts may achieve a number of goals in this respect: a cross-fertilization of legal cultures in general, but also solutions to some specific legal problems related to transnational disputes in particular. The Report gives some examples of inconsistencies of civil law systems that can be eliminated by applying the Fair trial guarantee. The first example is related to the lis alibi pendens exception. If the problem of lis alibi pendens and parallel proceedings is resolved on the basis of the continental European priority rule, it may well happen that a court is seised by, e.g., a inscriming procedings negative declaration (or relief), with a Revista Eletronica de Direito Processual – REDP. Volume 16. Julho a dezembro de 2015 Periodico Semestral da Pos-Graduacao Stricto Sensu em Direito Processual da UERJ Patrono: Jose Carlos Barbosa Moreira. ISSN 1982-7636. pp. 550-579 http://www.e-publicacoes.uerj.br/index.php/redp/index 511 view to prevent litigation before the second seised court. In such situations, avoid abusive litigation, the fair trial guarantee de lege lata may allow the second seis court to retain its jurisdictional powers and to go further with its proceedings, if it pears that the dispute will not be fairly and effectively resolved by the first seised cou The second example is related to the forum non conveniens doctrine. in cases when is absolutely inappropriate for the court vested with jurisdiction to handle proceedir with Foreign parties, e.g. because the court and the lawyer are completely ignorant of t foreign language and reliable translators are not available, the fair trial guarantee de If lata may exceptionally allow the court to decline its jurisdiction, applying the doctri of forum non conveniens. In the light of the U.S. due process guarantee we can look one of the most critical aspects related to the recognition and enforcement of judgment under the Brussels Convention and Regulation no 44/2001. Subject to few exceptio the jurisdiction of the court of the Member State of origin may not be reviewed by the court seised with the enforcement request in other Member States. The public policy defence may not be applied to the rules related to jurisdiction. The European solution is an example of the disproportionate influence of public policy considerations (in d case: the smooth functioning of the internal market) with regard to the balance between the plaintiff's and the defendant's interests. In other words, if the fairness of the exert of jurisdiction over a non-resident defendant is an element of fair trial, the respect this fairness, as is envisaged by the Convention and the EC Regulation no. 44120 norms on jurisdiction, should also be reviewed in the State where the recognition a enforcement is sought, through the public policy defence. It is true that the public policy exception is an emergency brake to be activated only in exceptional cases, but the cases cannot be restricted so as to prejudice the guarantee of a fair trial. National courts should be encouraged to take the opportunity to put a preliminary question before t ECI. under Art. 267, TFEU, on the validity of Art. 28, III, Convention (Arr. 35, I EC Regulation no 44/2001) vis-a-vis Art. 47 of the Charter of Fundamental Rights the European Union. VI. The final part of the report briefly sketches some specific aspects of the fair trial guarantee in transnational disputes, such as the principle of equality, the determinate of the judicial jurisdiction, the interim protection of rights, the right to Revista Eletronica de Direito Processual – REDP. Volume 16. Julho a dezembro de 2015 Periodico Semestral da Pos-Graduacao Stricto Sensu em Direito Processual da UERJ Patrono: Jose Carlos Barbosa Moreira. ISSN 1982-7636. pp. 550-579 http://www.e-publicacoes.uerj.br/index.php/redp/index 512 engage a lawyer, the language, the extension of time limits, the question of the abuse of process, the abuse of jurisdiction by the plaintiff, the public policy exception.

Issues of Exclusive Jurisdiction Institution in Context of Judicial Jurisdiction Optimization

Issues of Exclusive Jurisdiction Institution in Context of Judicial Jurisdiction Optimization

Litigación internacional, Forum Non Conveniens y daños punitivos: el caso del accidente aéreo de Spanair

El 20 de agosto del año 2008 pasó a la historia de la aviación civil española como un día negro. Un avión de la compañía Spanair que despegaba desde el aeropuerto Madrid-Barajas con rumbo hacía Gran Canaria sufrió un fatal accidente al despegar. Sobrevivieron al mismo 18 personas, con heridas de diversa consideración y 154 fallecieron. Desde una perspectiva pragmática este trabajo intenta despejar dos incógnitas: la de la Competencia Judicial Internacional y la de la Ley estatal aplicable a un asunto donde hay una responsabilidad extracontractual derivada de un producto.

Private International Law Bibliography 2014: U.S. and Foreign Sources in English

This bibliography covers private international law or conflict of laws in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and foreign-country judgments, extraterritoriality, arbitration and related topics. It includes books and law journal articles published in English during 2014, or earlier but not included in the 2013 bibliography. It does not include articles or essays published in books (as opposed to journals), or writings appearing only in electronic form.

Constitutional foundations of commercial and investment arbitration in Nigerian law and practice

Generally, constitutions do not expressly provide for commercial or investment arbitration. However, being vital to the validation, interpretation, and application of statutes, constitutions impact on national arbitration statutes. This article examines the role of the constitutional framework and provisions in Nigerian arbitration law and practice. The examination deals with the history and legitimacy of principal statutes, the rights and scope of arbitration, and the judicial power and jurisdiction of courts. Contrary to opinions in judgments and scholarly writings, provisions on legislative and judicial powers and on fundamental policy objectives and human rights positively reinforce the UNCITRAL Model Law 1985 inspired Arbitration and Conciliation Act 1988, Nigerian Investment Promotion Commission Act 1995, and other related statutes.

Administrative Justice in Brazil: A Judicial, Non Judicial or Hybrid Jurisdiction?

La version espanola de este articulo se puede encontrar en: http://ssrn.com/abstract=2390139 A versao em portugues deste artigo esta disponivel em: http://ssrn.com/abstract=2390775 Based on the institutional and procedural design of what is considered "administrative justice" in Brazil, and on the basis of on US judicial review, the text advocates a reinforcement of the administrative authorities, giving them prerogatives to act with effective independence, as a viable alternative to contending with excessive judicial review. Introduction. (i) Excessive judicial review of administrative disputes in terms of the number of cases and amounts at issue. (ii) Unsuccessful attempts to minimize the excessive judicial disputes. (iii) The origin of excessive judicial review of administrative disputes. 1) Are administrative decisions subject to due process of law? 2) Schizophrenic panorama of the Brazilian administrative jurisdiction. 3) Brazil's US-inspired monist judicial system and due process of law. 4) New perspectives for an effective administrative jurisdiction in Brazil. Conclusions.

Il sistema assistenziale genovese alle soglie dell’età moderna. L’ufficio di Misericordia (secolo XV)

The essay outlines the birth and devolopment of the Ufficio arisen in 1419, in spite of previous sporadic episodes and different historiographical interpretations. The Ufficio was designed by the civil and religious power and was composed by the archibishop and four lay members elected by the civil authorities with aim of seeking, defending and distributing pious legacies of citizens. In such a way the Ufficio takes shape as a magistrature of the Commune with full administrative and judicial jurisdiction in the field of charity, so that in 1482 the archibishop urge the Pope for the aknowledgement of all the proceedings issued in favor of the institution. The Ufficio witnesses that civic religion characterising Italy of XV Century. Thanks to the broader responsibilities assigned to it – redemption of captives, appointment of the Genoese consul in Alexandria of Egypt, protection of abandoned children, administration of hospitals –, the Ufficio becomes also an actual economic power by virtue of management of pious legacies concentrated in the Bank of St. George so as to be defined an office of exchange. The Ufficio carries on an active solidarity, by supporting the establishment of local pawnshop too, transforms the scriptural money into cash and moves to the virtuous cycle of money every kind of pious legacy, of licit or illicit origin, making it available to the community in spite of many difficulties. Indeed it works both against the interests of potential heirs and the public treasury that attempts to take possession of pious legacies.

Jurisdiction and How States (State Bodies) Exercise Jurisdiction Under International Law

State jurisdiction over foreign states and citizens. The notion of jurisdiction, judicial jurisdiction, jurisdiction of international organizations, how states exercise jurisdiction: operation of intern state bodies, on behalf of which jurisdiction is exercised. Representation of states and state governments. Exercise of national jurisdiction. Criminal Jurisdiction. Jurisdiction refers to the three forms of the juridical power, which correspond to the three branches of state government: legislative, executive and judicial. Notwithstanding this definition, the term power still remains unclear, as it can refer, in the first place, to the legislative power; that is the ability to set rules on people, estates, and events (the so called prescriptive jurisdiction) in a given state. The term jurisdiction can refer even to the local public administration (government bodies) to intervene on people, estates, or events. Cases of jurisdiction absence and exclusion must be balanced with the sacrificed right and the protected interest. The methodology used. This research paper uses scientific research theoretical methods and practical methods referred to the European Court of Human Rights judgments. DOI: 10.5901/ajis.2013.v2n9p428

Private International Law Bibliography 2012: U.S. and Foreign Sources in English

This bibliography covers private international law or conflict of laws in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and foreign-country judgments, extraterritoriality, arbitration and related topics. It includes books and law journal articles published in English during 2012. It does not include articles or essays published in books (as opposed to journals), or writings appearing only in electronic form.

Les Résistances À La Technique Du Forum Non Conveniens

While the doctrine of forum non conveniens is viewed in common law countries as providing flexibility to the rules of judicial jurisdiction, it suffers from the strong resistance encountered in civil law countries: it is outlawed by European Union law; it is vividly criticized where judicial jurisdiction is controlled by international treaty; and in Community Law it would doubtlessly be preferable to adopt the doctrine of “abuse of rights” rather than the doctrine of forum non conveniens.