Rule Of Law Research Articles

Searching for an Optimal Model for the Renewal of the Constitutional Court to Avoid a Constitutional Crisis: Dream or Reality?*

The failed renewal of the Constitutional Court in Lithuania was not the first in Europe, and will not be the last. The appointment of constitutional judges, usually undertaken with the involvement of the political institutions, became a very sensitive issue closely linked to their independence. After a sequence of unsuccessful attempts to renew the composition of constitutional courts, some states fall into a deep democratic backsliding, while some take the initiative to reform the existing appointment procedure, seeking to prevent the politicisation of constitutional control institutions. A universal and standardised one-size-fits-all model does not exist, as each particular national context must be considered. However, certain lessons are to be learned and certain pitfalls to be avoided. Constitutional courts must correspond to the criteria of the tribunal established by law, as disclosed in international jurisprudence. For this purpose, the proper law is needed. This article analyses the advantages and shortcomings of some elements of the proposed and partly realised Slovak reform on the appointment of constitutional judges that Lithuania and other states could benefit from. This allows for the conclusion that the explicit criterion of professional reputation might prevent arbitrary nominations and ensure that the best judge for the court and the society would be appointed. Contrary to most convictions, a larger majority in the Parliament is not necessary to keep this procedure in line with the principle of the rule of law. The only requirement is that the law must be clear, unambiguous and provide for the steps to be taken if the rotation fails.

Azərbaycan Respublikasının Prokurorluğunun hüquqi statusu, vəziyyəti və inkişaf perspektivləri (prosessual aspektdə)

The prosecutor's office in the Republic of Azerbaijan is the basis for ensuring the rule of law and protecting the rights and interests of citizens within the framework of the country's legislation. This article aims to examine the legal situation, current conditions and future prospects of the Azerbaijani prosecutor's office, paying special attention to its procedural functions. The legal authority of the prosecutor's office is determined by the national Constitution and relevant legislation. Currently, the current state of the prosecutor's office is characterized by a number of challenges and opportunities. It should be noted that the prosecutor's office in Azerbaijan plays an important role in the legal system of the country. The prosecutor's office contributes to the rule of law and the protection of the rights and interests of citizens by solving the problems encountered and using the opportunities that have arisen. Keywords: Republic of Azerbaijan, prosecution, procedural aspect, ınvestigation, court procedures, legal status, rule of law, ınternational standards.

Democracy, Free Elections, and Gender Equality as Perceived by Recent Immigrants

This study examines how democracy and its political attributes (such as free elections) and social attributes (such as gender equality) are perceived by people who come from nondemocratic countries and have lived for several months in a democratic society. The data were collected in Quebec using an original questionnaire completed by 127 adult immigrants. The results indicate that recent immigrants from nondemocratic countries primarily view democracy as a society based on the rule of law with strong social control. They consider free elections significantly more important to democracy than the possibility to vote for any political party. Contrary to expectations, recent immigrants view gender equality as essential for democracy, although this importance varies according to sphere. Immigrants’ conceptions of democracy also signify the most salient characteristics of the social and physical environment of the host society as the most important democratic features. The study illustrates the multifaceted nature of the process of forming ideas about democracy among immigrants socialized in nondemocratic societies. Not only is theoretical knowledge about democracy as a political system part of these ideas, but everything observed in a democratic society can be perceived as attributes of democracy. The results indicate that immigrants’ impressions of the social and physical environment in their host society should not be overlooked when analyzing their ideas on democracy. Consequently, the study concludes that a more welcoming society can foster more positive visions of democracy among newcomers from nondemocratic countries.

Individual right to clean air including compensation for health damage – comment on JP v Ministre de la Transition écologique, C-61/21

Abstract On the one hand, the EU member states are to manage ambient air quality in line with the Air Quality Directive (dir. 2008/50/EC) provisions that put forward local air quality targets. On the other hand, EU citizens have their right to demand that their local authorities pass ‘air quality plans’ for towns or districts where air quality standards were below the so-called limit values. In 2008, in the Janecek Judgement of the Court of Justice of 25.07.2008, C-237/07 Dieter Janecek v. Freistaat Bayern EU:C:2008:447. case the Court of Justice of the EU (the CJEU) for the first time recognised the direct effect of Articles 13 and 23 of this directive, and in this way granted rights to individuals to challenge local air quality plans for their inefficiency. The main point of this article is to prove that EU citizens have a subjective, justiciable right to clean and healthy air, and to examine whether this right entitles them to compensation for health damage due to air pollution, as was the subject matter of the commented case: JP v Ministre de la Transition écologique. Therefore, it is necessary to examine the three conditions of the Francovich rule for state liability established in the Brasserie du Pêcheur case: ‘1. the rule of law infringed must be intended to confer rights on individuals; 2. the breach must be sufficiently serious, 3. and there must be a direct causal link between the breach of the obligation resting on the state and the damage sustained by the injured parties’ Judgement of the Court of Justice of 5.03.1996, C-46/93 and 48/93 Brasserie du Pêcheur EU:C:1996:79. .

DESAFIOS JURÍDICOS NA REGULAMENTAÇÃO DAS CRIPTOMOEDAS SOB A CONSTITUIÇÃO BRASILEIRA

The research addresses the "Legal Challenges in the Regulation of Cryptocurrencies under the Brazilian Constitution", with the objective of analyzing the legal difficulties related to the regulation of cryptocurrencies in the country. In addition, it seeks to investigate how these digital currencies align with constitutional principles, examine their impact on the Brazilian economy and the security of the business environment, and propose recommendations for adequate regulation. The research problem can be summarized in the following question: In what way does the regulation of cryptocurrencies, in light of the Brazilian Constitution, influence the individual guarantees of citizens and the legal security of the system? The regulation of cryptocurrencies in Brazil presents significant challenges in the legal and constitutional context. Although these virtual currencies play a growing role in the global economy, their decentralized nature, lack of state control, and volatility generate uncertainties that directly affect the Brazilian legal system. The research uses a bibliographical approach, based on academic studies, doctrines, and legislation, aiming to offer a critical view on the subject and contribute to the legal debate around cryptocurrencies in the national scenario.

Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

Examining the role of national governance capacity in building the global low-carbon agricultural supply chains

The majority of related research has traditionally focused on examining the individual influences of national governance capacity and technological innovation on carbon emissions and economic performance, neglecting the effects and influence mechanisms on carbon efficiency within agricultural supply chains, which is not conducive to advancing a low-carbon transition that includes agricultural concerns. This study addresses these gaps by investigating the correlation between national governance capacity (considering voice and accountability, political stability and absence of violence/terrorism, government effectiveness, regulatory quality, rule of law and corruption control) and agricultural supply chain carbon efficiency and investigating the influence mechanism and mediating role of technological innovation. The relevant findings are twofold. 1) The impact of national governance capacity and its components on agricultural carbon efficiency follows an inverted U-shaped curve. 2) Technological innovation can act as a mediator between national governance capacity and select factors of voice and accountability, government effectiveness and regulatory quality to enhance agricultural supply chain carbon efficiency. The findings offer valuable insights for policymakers and managers in agricultural supply chain enterprises seeking to transition towards low-carbon agriculture.

Regulatory impact of informality on gasoline consumption efficiency in Africa: A proposed two-part complementary hypothesis test

This study provides new evidence for the regulatory impact of informality on gasoline efficiency in Africa. I propose a Two-Part Complementary Hypothesis (hereafter referred to as the TPCH test), advocating a differential approach to promoting gasoline efficiency: (1) an inverted U-shaped relationship between informality and gasoline inefficiency, and (2) a U-shaped relationship between government regulation and informality, with a significant level effect. The findings indicate an inverted U-shaped effect of informality on gasoline efficiency and a level-negative effect of regulation on informality. These results suggest a differential strategy for enhancing gasoline efficiency. Government regulation is more effective in economies at the pre-saturation stage (characterized by normal growth levels of informality) but proves ineffective in economies at the post-saturation stage (characterized by abnormal growth levels of informality), where energy-saving behaviors may be self-motivated. This is corroborated by the inefficiency equation, where indicators of good governance, such as the rule of law, control of corruption, and regulatory quality, are statistically significant in advancing energy efficiency goals. Gasoline efficiency performance varies across countries, with the higher performers also being the continent's most economically advanced. However, these estimates risk downward bias if outliers or unobserved/observed heterogeneity are not considered.

SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

OS IMPACTOS DA NOVA LEI DE LICITAÇÕES EM PEQUENOS MUNICÍPIOS

Considering the importance of the New Public Procurement Law (Law 14.133/2021) for modernizing public contracting and the challenges faced by small municipalities, this study addresses its impacts on these locations, focusing on efficiency, transparency, and legal security. The main objective was to analyze how the new legal requirements affect administrative management and procurement processes in small Brazilian municipalities. To this end, the research examined the changes introduced by the new law, implementation challenges, and adaptation strategies. A qualitative study was conducted using semi-structured interviews in Cujubim, Rondônia, with six participants directly involved in the municipality's procurement processes. The results indicate that, although the new legislation has promoted improvements in transparency and efficiency, adaptation has been hindered by a lack of technical training and adequate infrastructure. It is concluded that there is a need for governmental support and continuous training to overcome these obstacles and promote a more inclusive and efficient procurement environment.

Populism and policy capacity: Evidence from an opposition municipality in Istanbul

AbstractDespite achievements in its conceptual rigor, policy capacity still represents a relatively depoliticized concept that fails to sufficiently consider the ways in which politics plays a role in its creation, mobilization, or decay. This article seeks to contribute to this debate by investigating the impact of populism on policy capacity, the type of policy capacity challenges posed and how they are related to populist policy design. Based on a case study of a municipality in Istanbul the article shows how populist politics and national populist policy design erode long‐term municipal policy capacity by enabling the (ab)use of the rule of law, loss of expertise, exhaustion of critical assets such as urban land and financial resources, and erosion of public citizenship due to growing expectations in the form of particularistic benefits. Declining policy capacity in turn leads to a shift in municipal policy priorities.

The Rule of Law Between National and International Contexts: Introduction to the Special Issue on International Economic Law and the Rule of Law

The Rule of Law Between National and International Contexts: Introduction to the Special Issue on International Economic Law and the Rule of Law

“No punishment is enough for monsters”: vindictiveness as an important political emotion in dealing with Belgian (potential) returnee men

ABSTRACT Building on the call to further integrate emotions in critical security and terrorism studies, we explore the ways emotions figure in media discourses and shape responses and policies on the returnee question. Through critical discourse analysis and thick description, we show how Belgian (potential) returnee men were subject to varying securitising discourses and emotional portrayals in media coverage over the past decade. Our argument contends that media discourse(s) on the returnee question exhibit a complex emotional landscape. We discern dominant, alternative and rising emotions that undergird the media coverage. We will illustrate how the “dominant” emotion of fear oscillated with an “alternative” emotion of vulnerability and, over the course of a decade, was accompanied by a “rising” emotion of vindictiveness. We argue that the cultivation of vindictiveness contributes to securitising narratives that portray Belgian (potential) returnee men as irredeemable monsters deserving of extreme punishments. This rising discourse undermines democratic principles and the rule of law. We speak of political emotions because emotions are deeply intertwined with power dynamics, societal structures, and political processes, which shape collective attitudes, behaviours, and policies towards (potential) returnees.

Child Separation and the Stolen Generation of Brazil: Indigenous Peoples’ (Un)Freedom in Amazonia

Abstract This article examines questions pertaining to Indigenous people’s citizenship status, the problematic definition of orphanhood, rule of law, and structural racism in Brazilian society. The definition of orphanhood was articulated in a way that allowed for the extralegal abuse and racialized exploitation of labor to continue long past the legal end of Indigenous slavery (1755). Indigenous persons’ legal status, the definition of orphanhood, and guardianship laws worked together to legitimate the permanence of child separation as a means for wealthier Brazilians to get free child labor. The article uncovers the ambiguities in defining Indigenous people’s legal status, making citizenship status a subjective determination contested on a case-by-case basis. With this foreground understanding, the article presents the practice of child separation and the created discourse to legitimize Indigenous, Black, and mixed-race children as unpaid criadas de casa (housemaids).

Conflict and Coordination: Analysis of the Rule of Law Construction in the Guangdong-Hong Kong-Macao Greater Bay Area

Under the system of "one country, two systems", the Guangdong-Hong Kong-Macao Greater Bay Area is characterized by "one country, two systems and three legal regions" and is prone to interregional legal conflicts. The so-called inter-regional legal conflict refers to the conflict in the application of law brought by the implementation of relevant social, political and economic activities due to the different legal provisions, which will hinder the high-quality development of economic and social stability. To resolve interregional legal conflicts and realize the coordinated development of the rule of law in Guangdong, Hong Kong and Macao are the key tasks of "one country, two systems" in the new era. The rule of law coordination between Guangdong, Hong Kong and Macao has its policy and economic foundation. Although many achievements have been made in the coordinated development of the rule of law in the Greater Bay Area, it cannot meet the needs of the coordinated and in-depth development of the rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area in the new era. Referring to the path of building a law-based society, the coordination of the rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area mainly involves three links: the construction of the rule of law coordination organization, both the carrot and the stick, the convergence of rules and the construction of the mechanism for resolving disputes.

The Role and Place of the Legislative Power in War Conditions (The Case of Ukraine)

Objective: The purpose of the article is to provide a comprehensive analysis of the role and place of the legislative power in Ukraine during and after martial law, in particular, by examining the functions and challenges arising from the war, and to identify prospects for improving Ukrainian parliamentarism by adapting to European standards and harmonizing domestic legislation with EU legal norms. Theoretical Framework: The theoretical basis for this study is the scientific studies dedicated to legislative power in Ukraine and abroad, particularly considering its key role in building a democratic society and the rule of law. The issues addressed in the article are examined through the processes of harmonization of Ukrainian legislation with EU law. Method: The research methods used are: monographic analysis, analysis and synthesis, systematic, generalization, forecasting, etc. Results and Discussion: The role of the legislative power in the conditions of the military conflict, its functioning and influence on the stability and efficiency of state administration is analyzed in the article. The importance of the place of the Verkhovna Rada of Ukraine in the system of separation of powers is substantiated in view of the functions it performs during the war, in particular, the adoption of laws for mobilization, defense and economic support, as well as control over the activities of the executive power and legitimization of the introduction of martial law through the approval of presidential decrees of Ukraine. Contributions: The state of protection of the rights and freedoms of citizens in accordance with international standards during armed conflict is analyzed. The directions for the development of the legislative power after the end of this conflict are revealed, in particular regarding the restoration of the constitutional order, the reform of legislative processes and the reintegration of the affected regions.

Evolution of Codified Criminal Laws in India: A Voyage from Colonialization to Decolonization

This research paper delves into the profound evaluation of criminal laws in Bharat from the Vedic era to the decolonization of criminal statutes. The narrative begins with evaluating the criminal justice system from the Vedic ages to today's new decolonized criminal laws in India. The paper scrutinizes the various time duration for evaluation of criminal laws in Bharat: Before the Vedic era (Vedas (Rig, Yajur, Sāma, and Atharva), Shrutis, Puranas, and many more), During the Vedic era (Dharamshastra and Arthshastra), Mughal period, British colonial period, and Decolonialization of criminal laws in India. The various objectives behind the decolonization of new criminal laws include Eradication of Colonial-Era law, Offence against the state, Modernization of the criminal justice system, Strengthening Accountability and Rule of Law, and Democratizing the Law. Understanding the evaluation of laws from the colonial era to the decolonization of criminal laws, importing critical legal changes brought under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Act (BSA) in 2023, this study closely observes the backdrop, what inspires the law to launch such amendments and what subtleties result in these alterations. This historical analysis is taken up first that describes the colonial legacy of India's legal system, and how relics of archaic legislations are part of its system even today. With this background, the exam is placed against a backdrop of rising crime and changing characteristics of criminal behaviors occasioned by new technological breakthroughs that require all-around changes. The paper scrutinizes the supreme provisions of the BNSS towards replacing the archaic Code of Criminal Procedure, the BNS which is poised to replace the Indian Penal Code, and the BSA which is to replace the Evidence Act. This report will appraise the major changes in the number of sections that are incorporated into the new schemes, record digitalization, and the inevitable drift towards forensic science and collection of evidence.

Construction of "Moderate Codification" Legislative Model of Environmental Law

At present, China's environmental legal norms have presented a "point-like type", not forming a good branch legal structure system, many problems have been produced in the concrete application, this article through the analysis of a typical country's environmental law codification mode, combining the present situation of our environmental rule of law, concluded that our country can be realized "the appropriate legal system", That is, the conclusion of the "double law source" mode of environmental law of "ecological environment code + single law". At present, China's academic circles have reached a consensus on the "moderate codification" model for the codification of ecological environment code, but there are still differences on the understanding of the "moderate codification" theory. This paper holds that the "moderate codification" of ecological environment code includes the following two aspects: the moderation of the normative content and system, and the moderation of dynamic process. The following assumptions are made for the framework of China's ecological environment code under the mode of "moderate codification" : adopting a "total-division" structure, including general provisions, pollution prevention and control, natural ecological protection, green and low-carbon development, and ecological environmental responsibility.

Justifying Political Violence: African American Attitudes Toward Protests Against Police Attacks on Black People

Concern over the breadth of support for political violence is rising among scholars. However, important unanswered questions remain: First, are attitudes toward political violence, as commonly measured, too abstract to have any real-life meaning? Second, how do ever-present contextual factors shape judgments in the events in which violence materializes? Third, given that African Americans are so often on the receiving end of violence, how supportive are Black people of the use of political violence? Finally, what accounts for variability among Black people in attitudes toward violence—what role is played by experiences with unfair treatment by the police and in-group attachments and identities? Based on a nationally representative panel survey of African Americans, I provide empirical answers to each of these important questions. Black support for political violence is indeed connected to both identities and experiences, as well as to core values such as support for the rule of law.

Is employment protection legislation a driver or an inhibitor of entrepreneurship? The interaction between stringency and enforcement

PurposeThis study aims to revisit the relationship between the stringency of employment protection legislation and entrepreneurship at the macro-level using time series data from 28 OECD countries.Design/methodology/approachTo address model uncertainty, a Bayesian model averaging methodology is employed, overcoming issues related to predictor selection. Additionally, the study delves into the interaction between employment protection legislation and the rule of law, considering potential unintended consequences and overlapping effects. Heterogeneity within self-employment is explored, making a distinction between solo self-employment and employer entrepreneurship.FindingsThe findings reveal that the impact of employment protection legislation, both for regular and temporary employment, on aggregate solo self-employment rates is contingent upon the level of practical regulatory compliance. The legislation can either stimulate or hinder entrepreneurship, highlighting the nuanced nature of its influence on macro-level entrepreneurial activities.Practical implicationsThe results of this study provide valuable insights for policymakers and regulators by emphasizing the complexity of the relationships under consideration. Understanding the potential interactions between employment protection legislation, rule of law and practical regulatory compliance is crucial for designing an effective and conducive regulatory environment for entrepreneurship.Originality/valueThis research offers a unique contribution to the literature in three distinct ways: by addressing model uncertainty through Bayesian model averaging, examining the interaction between employment protection legislation and the rule of law and differentiating between solo self-employment and employer entrepreneurship. These distinctive elements enhance the originality and value of the study, providing a more nuanced understanding of the intricate relationship between legal frameworks and macro-level entrepreneurship.