Rule Of Law Research Articles

Exploring the corruption‐inefficiency nexus using an endogenous stochastic frontier analysis

AbstractSeveral scholars report that, due to reverse causality, the endogeneity problem makes it difficult to identify the real effect of institutional factors at the local level, such as corruption, on firm efficiency. This study employs a panel stochastic frontier analysis that endogenizes production efficiency and robustly assesses the effect of corruption at the local level on firms' technical efficiency. We analyze a large panel of Italian firms operating in the building sector from 2013 to 2019 showing that the determinants of local institutional quality affects firms' performance, with the rule of law and control of corruption playing a preeminent role. Controlling for endogeneity, the magnitude of the effects of institutional quality factors at the local level significantly increase. Our findings are robust to alternative IV strategies, alternative specifications of the production function, and the inclusion of other factors that may affect firm efficiency.

SEMES' long road to specialty status for emergency medicine in Spain.

July 2 of this year saw the publication of Spanish Royal Decree 610/2024, which establishes emergency medicine as an official specialization. This event represents the culmination of a long-running effort to improve the care of patients in the emergency and urgent care system and throughout the national health service. This article offers a brief account of some of the legal, administrative, and political steps the Spanish Society of Emergency Medicine(SEMES) took to achieve this goal over the course of nearly 40 years. The effort has involved many SEMES members, who strictly speaking had the sole obligation of knowing how to care appropriately for patients based on clinical expertise along with organizational, scientific, and other professional skills. Competences in these areas have been shown to fall short in Spain. The article provides examples of some of the bright lights and dim shadows in our rule of law. Nonetheless, the long road traveled has also shown us how skills and knowledge are developed in adverse circumstances and crises, provided there is vocation for public service.

Reorganizing Nato: Europe’s Last Chance to Preserve Fundamental Rights

Local Resources” proposed by Su Li is one of the most discussed theories in the field of Chinese jurisprudence, but Su Li did not provide a particularly clear framework for it. Based on sorting out Su Li’s argument framework in the book Rule of Law and Its Local Resources, this article submits that local resources should refer to the combination of China’s own logic of social development and the development model of Western society. The local advocacy itself is an academic reminder that scholars should focus on the integration and utilization of Chinese and Western resources, rather than focusing on one side. This article also provides some common points of local resources.

Backsliding Populist Governments in the Council: The Case of the Hungarian Fidesz

Populist governments aim to fundamentally challenge the EU, raising the question of when and how backsliding populist governments disrupt decision-making in the Council of the EU (hereafter Council). Due to their anti-elite and strong anti-EU stance, along with their opposition to core values of liberal democracy, I argue that these governments are more inclined to resort to <em>unpolitics</em>, understood as “unsettlement.” Analysing the behaviour of the Hungarian Fidesz government in the Council, the article demonstrates that populist governments resort to unpolitics but use an à la carte approach. Populist backsliding governments selectively oppose the Council’s formal and informal decision-making rules. Looking at the voting behaviour in the Council since 2009, the article shows that the Fidesz government preserves the norm of consensus. However, over time, it has become the government that has most often broken with this norm. Conversely, when it comes to “backsliding-inhibiting competences,” the Fidesz government challenges both formal and informal rules through a wide range of strategies, i.e., systematically contesting the legality of procedures and decisions, embracing a confrontational approach and diplomacy, self-victimisation, bending the truth, and accusatory rhetoric. To illustrate them, the article focuses on decisions related to the dismantlement of the rule of law in the country, such as Article 7 TEU, the application of Regulation 2020/2092, and the disbursement of Cohesion funds.

Populist international (dis)order? Lessons from world-order visions in Latin American populism

Abstract The study of populism's international links has grown significantly. Yet, there are gaps in conceptualizing potential implications for the international order. Our study contributes to filling this gap by asking: if a ‘populist international order’ (PIO) were to emerge, and populists could envision the world close(r) to their liking, what would this order look like? We pursue answers through a plausibility probe of three deductively-derived normative pillars: 1) cooperation under a PIO is characterized by more fractured, mostly symbolic, small-scale multilateralism; 2) a PIO relies on a narrow, selective embrace of the rule of law, to be respected only when seen as representing the wishes of the ‘real people’; and 3) the commitment to pluralism in ‘international society’ is replaced by an anti-pluralist, monolithic notion of popular sovereignty as the primary behavioural driver. Our analysis is based on contemporary populist leadership from Latin America: Brazil's Jair Bolsonaro, Venezuela's Nicolás Maduro and Mexico's Andrés Manuel López Obrador. We examine how these populists have addressed our proposed PIO pillars in different ways and shaped their world-order visions in relation to them. The lessons derived from this study can contribute to bridging gaps regarding the effects of global populism in International Relations, including prospects of mitigating the systemic impact of populism on the international order.

Europe’s spectacular borderlines: on refugee camps, banlieues and other spaces of exception

ABSTRACT Mourning the murder of Nahel Merzouk by the French police and the drowning of 750 human beings by the Greek coastguard’s recklessness, we argue that the erosion of human rights at the EU’s external borders is being co-constituted by an analogous erosion within its internal borders. To establish this connection, we re-conceptualise the EUropean b/ordering regime as a network of fractal borderscapes characterised by a selective criminalisation of mobility that reproduces longstanding racist prejudice along socio-spatial borderlines. We argue that the proliferation of these spaces of exception is degenerating into a state of exception: a polity’s self-destructive tendency to replace the rule of law for legalised despotism. Such autoimmune reaction, we claim, is rooted in borderism: a spectacle that misshapes geography into spurious antagonisms epitomised by national and civilisational dichotomies (“friends” and “foes”), thus creating a hyperreality that breeds racism, spatialises apartheid and exacerbates animosity.

Explore the driving factors of designers’ AIGC usage behavior based on SOR framework

Despite the widespread recognition of artificial intelligence’s advantages, it cannot replace human independent thinking and creativity, especially in fields such as artistic design that require creativity. Previous studies often examined its development trends from the perspective of technical advantages or application processes. This study explores the attitudes and acceptance of creative industry practitioners towards Artificial Intelligence Generated Content (AIGC) from the perspective of user behavior modification. Utilizing the Stimulus-Organism-Response Model (SOR) as the theoretical background, this research integrates the Technology Acceptance Model, Theory of Planned Behavior, and Self-Efficacy to form the research framework. By employing a mixed-method approach combining quantitative and qualitative analyses, data from 226 designers were explored, and structural equation modeling was used to verify the correlations between endogenous factors. The results indicate that users’ facilitating conditions significantly influence self-efficacy, which in turn determines their intention to adopt AIGC. Additionally, semi-structured interviews revealed that factors hindering the widespread application of AIGC mainly encompass legal security, ethical risks, and fairness. This study extends the application scope of the Stimulus-Organism-Response Model (SOR), enriches the Technology Acceptance Model, and provides a new research framework for the application of AIGC in the creative industry, detailing the responsibilities, processes, and content of designers in the Artificial Intelligence Generated Design (AIGD) process.

The Effect of Institutional Quality on Renewable Energy: Evidence from Developing Countries

Renewable energy has changed the development paradigm by prioritizing environmental sustainability in every stage of the country development. Therefore, this research specifically provides an overview of how the institutional quality is used as a basis for policy in developing countries. The research results show that the institutional quality with indicators of government effectiveness, voice and accountability have a significant effect, while regulatory quality and rule of law do not have a significant effect on renewable energy. Then, tax revenue, foreign direct investment, domestic credit have a significant effect, but government expenditure does not have a significant effect on renewable energy. These results are proof that every country must have strong quality institutions with a clear and comprehensive policy scheme considering that energy transition targets are not carried out easily, so they require large amounts of financing, especially from the private sector. The government fiscal space tends to be narrow, which is an obstacle in developing countries in allocating costs for the energy transition, so it must be directed at financing strategies contained in appropriate policies.

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

SentraGakkumdu Challenges in Enforcing Election Crimes Under Law Number 7 of 2017: A Comparative Research of Indonesia and Nigeria

General elections in Indonesia are designed to ensure equality and justice for all voters and candidates, regardless of party affiliation. Despite these principles, election violations do occur, including criminal acts, breaches of ethical standards by election organizers, and administrative violations related to election procedures. To protect the integrity of elections, which is crucial for democracy, lawmakers have classified certain electoral frauds as criminal offenses. The Election Law not only outlines the procedures for conducting elections but also prohibits actions that undermine the fairness of the process and imposes penalties on offenders. The type of research in this study is normative legal research, which is a research method that focuses on written legal norms. accompanied by a comparative study of the country of Nigeria The results showed that the small number of reports of election crimes that continued to the level of investigation, prosecution, and examination in court until the issuance of a permanent legal force decision (inkracht van gewisjde) showed that the handling of election crimes in the elections had not been effective. The same is true for Nigeria through INEC. Although INEC has the authority to initiate cases of electoral offenses, it rarely does so due to a lack of supervisory capacity due to understaffing and the inability or unwillingness of the police to collect evidence and conduct investigations.

Rule of Law v. Balancing Test: The Admissibility of Illegally Obtained Evidence in Civil Procedure

Abstract The article aims to reveal, explain and critically assess the balancing test as a legal tool to decide on the admissibility of illegally obtained evidence in civil procedure. The main part of the article is divided into four sections. First of all, the article provides a general overview of the concept of illegally obtained evidence. In other words, the research tries to outline how the concept of illegally obtained evidence should be understood. Secondly, the article provides an overview of one of the most common ways of resolving the issue of the admissibility of illegally obtained evidence – the balancing test. Thirdly, the article assesses the balancing test while employing two requirements derived from the rule of law. The research shows that, in the context of the admissibility of illegally obtained evidence, the balancing test does not meet 1) the requirement of legal certainty and 2) the requirement that civil procedure must be based on the rule of law and not on the rule of men. Lastly, the article concludes that in order to avoid identified shortcomings, the balancing tests should be characterised by a predefined exhaustive list of criteria that should be balanced when deciding on the admissibility of illegally obtained evidence and should not contain too broad, vague balancing criteria.

From Transformation to Consolidation of the State: Challenges of the Rule of Law in the Western Balkans

Democratic societies must adhere to the Rule of Law to ensure that every individual—including the government—responsible to the law. This research looks at the obstacles the Western Balkans encountered in defending the rule of law as they integrated into the European Union, concentrating on the discrepancy between the EU's high standards and the institutional capabilities of the area. This study examines the theoretical underpinnings of the Rule of Law as they relate to Western culture and European history, employing qualitative research methodologies. It also examines the integration processes and changes that have taken place in the Western Balkans. The qualitative analysis concludes that although the Western Balkans need the Rule of Law, existing EU policies might risk being ineffective. It recommends implementing more adaptable and encouraging systems to create the fundamentals of the Rule of Law in these countries, promoting steady advancement towards EU integration. This article offers a critical evaluation of the EU's strategy, highlighting the necessity of customized, situation-specific tactics.

The Court of Justice of the European Union and the Rule of Law

Abstract This paper addresses selected aspects of the procedure before the European Court of Justice which have contested from the perspective of the rule of law. It further explains recent initiatives on the side of the Court to improve compliance with it.

Legal integrity of public authorities

This article is devoted to the study of the state of management activity of public authorities in Ukraine, as well as to the disclosure of such a social and legal phenomenon as the term “integrity of public authorities”, providing its legal definition, and revealing its meaning. It was noted that the first steps on the way to fundamentally reforming the old system of public power with the support of our European allies, starting in 2014, were carried out in Ukraine through the initiation of relevant reforms, of which 18 are key reforms. In order to implement the aforementioned, appropriate amendments to the Constitution of Ukraine and relevant laws were drafted. Thus, the movement towards the specified goal, the implementation of the aforementioned reforms by the public authorities of Ukraine depends entirely on its capacity, integrity, primarily in the field of law, in the spheres of lawmaking and law application, i.e. ensuring the supremacy of law over state arbitrariness. The article reveals the concept of “integrity” as a psychological factor, which is based on the tendency to be organized, responsible and hardworking, and also notes its connection with the law, and the legal category “legal integrity”, which is closely related to professional ethics. Related to legal integrity is legal ethics, which plays a certain role and importance of moral principles in the sphere of justice and law enforcement, as well as in other human activities related to law. Attention is focused on the fact that the analysis of the state of implementation of the planned reforms by the public authorities of Ukraine indicates a very slow progress in the fulfillment of the corresponding obligations regarding democratic transformations in the state, since a certain part of them have not been implemented so far. At the same time, new challenges have appeared during the wartime period, the implementation of which largely depends on the “legal integrity of the public authorities”, which, in turn, can affect the speed of military aid to Ukraine from our allies. First of all, this concerns the need to complete the planned reforms. It is emphasized that one of the negative dynamics, which is surprisingly important for Ukraine, is the slowing down of reforms in the security and defense sector. This is one of the most important public administration reforms, the purpose of which is to strengthen the quality of security sector management (SSC) by means of effective and efficient security provision under conditions of democratic supervision and control. In parallel with it, the reform of the defense industry should be carried out. One of the reasons for the mentioned shortcomings is the absence of a state personnel policy, which leads to the occurrence of grave consequences for national security, to the occurrence of acts of corruption, theft of state funds, and state treason. It was established that the confirmation of the above is only a fragmentary involvement of public authorities of civil society in the normative regulation of public life, regarding the regulation of social relations in the relevant spheres of life, as well as the involvement of citizens in the development and adoption of management decisions, which does not correspond to the provisions of Article 25 of the International Covenant on Civil and Political Rights. Evidence of ignoring the rights and interests of citizens on the part of the public authorities is the legislative, regulatory “deterioration” of the pension legislation in 2018 regarding persons released from military service, which was performed without involving citizens in the discussion; the veteran movement of the security and defense sector was split by the authorities. A significant shortcoming of the functioning of public authorities is that in their activities they often do not perceive the modern European democratic principle of orienting authorities to the fulfillment of social requests of society regarding its further development, but instead act on the contrary – offer and lobby their personal vision of directions for the further development of society, which often does not coincide with society’s aspirations and leads to the emergence of social conflicts. And therefore, only in the case of sharpening attention to emerging social problems, in compliance with the obligations assumed to adhere to European democratic principles, the public authorities have the opportunity to jointly solve existing problems with civil society, thereby consolidating society and increasing the efficiency of public administration.

A Study of the World Wide Consequences of Populism on Democracy

This article explores the profound and far-reaching consequences of populism on democracy across the globe. Populism, characterized by its appeal to the masses and vilification of established elites, has become a potent force in shaping political landscapes worldwide. Through an interdisciplinary lens drawing on political science, sociology, and economics, we analyze how the rise of populism challenges the fundamental pillars of democracy. We investigate its impact on democratic institutions, governance structures, and political culture, highlighting its tendencies to exacerbate polarization, erode trust in democratic processes, and undermine the rule of law. Moreover, we examine the economic ramifications of populist policies, often marked by protectionism and short-termism, which can destabilize economies and exacerbate social inequalities. Additionally, we explore the implications of populism for international relations, including its potential to disrupt diplomatic norms and alliances. By synthesizing empirical research and theoretical insights, this article provides a comprehensive understanding of the multifaceted consequences of populism on democracy, offering insights for policymakers, scholars, and concerned citizens seeking to safeguard democratic principles in an era of populist resurgence.

Decision-making power and responsibility in an automated administration

The paper casts a spotlight on one of the manifold legal questions that arise with the proliferation of artificial intelligence. This new technology is attractive for many fields, including public administration, where it promises greater accuracy and efficiency, freeing up resources for better interaction and engagement with citizens. However, public powers are bound by certain constitutional constraints that must be observed, regardless of whether decisions are made by humans or machines. This includes the non-delegation principle, which aims to limit the delegation and sub-delegation of decisions affecting citizens’ rights in order to ensure governmental accountability, reviewability, and contestability. This puts some constraints on the automation of decision-making by public entities, as algorithmic decision-making entails delegating decisions to software development companies on the one hand, and to algorithms on the other. The present paper reveals and explains these constraints and concludes with suggestions to navigate these conflicts in a manner that satisfies the rule of law while maximizing the benefits of new technologies.

THE OBSTACLES TO THE RIGHT TO A FAIR TRIAL UNDER THE INTERNATIONAL LAW: A CASE STUDY OF AL-ANFAL AND SREBRENICA GENOCIDE TRIALS

Background: The right to a fair trial is a critical part of national and international human rights frameworks. To protect this right, the rule of law should be implemented. Currently, the approach to trying individuals accused of grave international crimes, including genocide, is different, which gives an impression of inequality. For instance, the person accused of the al- Anfal genocide was tried by a national court and sentenced to the death penalty, whereas the person accused of the Srebrenica genocide was sentenced to life imprisonment by an international tribunal. Not to mention the lack of respect for the defendants’ rights during the al-Anfal genocide’s trial, including the principle of due process and the right to a fair trial. The main reason for the differing decisions in these two identical cases involving genocide arises from their trials in different courts and under different legal frameworks. This paper addresses the significance of these challenges for equality under international law and emphasises the difficulties in securing fair trials by examining these examples. Methods: This article analyses the application of the right to a fair trial for international criminals by using doctrinal methods. Specifically, it adopts a qualitative approach to examine relevant international statutes. To illustrate, the research chose to analyse and compare two case studies: the trial of Ali al-Majid, the leader of the al-Anfal genocide, and Ratko Mladic, the leader of the Srebrenica genocide. This comparison focuses on aspects such as judicial independence and overall fairness in the trials of war criminals. It involves desk-based research and data that are collected through the analysis of relevant literature from primary sources, such as international law instruments and secondary sources, including books and academic articles, about the inconsistency of fair trial standards in different judicial contexts. Results and conclusions: Different approaches in trials for similar crimes threaten global justice and the protection of individual rights and freedoms. One practical way to address this issue is to bring those accused of grave international crimes, including genocide, to appear before the International Criminal Court (ICC), providing fair trials and punishments. However, this article demonstrates that the doctrine of state sovereignty may pose challenges to creating a uniform framework for the prosecution of war criminals. Additional challenges arise with the existence of different legal and political systems across the world. The article argues that to ensure a fair trial and maintain international peace and security, it is necessary to overcome these challenges and adopt a uniform framework for the prosecution of those accused of grave international crimes. The ICC can be the solution. The international community can overcome these challenges by encouraging all countries to join the Rome Statue and give it the sole jurisdiction over grave international crimes such as genocide, war crimes, or crimes against humanity.

Reinventing the Wheel? On the Production and Acquisition of Knowledge in Politics

Reinventing the Wheel? On the Production and Acquisition of Knowledge in Politics The US Declaration of Independence’s opening claim – «We hold these truths to be self-evident» – is unjustified. Historical events and present circumstances internationally do not bear it out either. Why has the ‹sustainability› of knowledge about democracy, rule of law, and human rights proven so difficult to ensure, including in world’s oldest liberal democracies? Answering this question requires us to examine how knowledge is produced and acquired in the political context today. More specifically, we must study the widespread phenomena of populism and truthiness and their effects on the respective epistemic processes. Finally, it is imperative to consider what remains, what should remain, and how that might remain in the (re-)formation of political systems over space and time. The societal significance of this investigation should at least be ‹self-evident› in this the biggest election year in history.

Cancellation of Sale-Purchase Agreement and Absolute Power of Attorney Clause Made Based on Debts and Receivables

The Sale and Purchase Agreement (hereinafter abbreviated to PPJB) is a preliminary agreement as an effort to overcome the obstacles of the parties who have not been able to make a Deed of Sale and Purchase (hereinafter abbreviated to AJB). However, in several cases abuse of the use of PPJB and Power of Sale has been found. PPJB and Power of Sale become a security agreement for debts. The PPJB contains a power of sale clause and a Power of Sale Deed which grants power from the owner of the land object (as the seller/party who has the debt/debtor) to the debtor (as the buyer/party who gives the receivable/creditor) to transfer land rights. Debtors who suffer losses because they do not intend to sell the land can file an effort to cancel the agreement. Based on the problem approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach), namely various decisions that have legal force, it can still be concluded that the Supreme Court and lower courts have maintained the unity of law application and consistency of decisions, especially regarding legal smuggling. Sale-Purchase Agreements and Absolute Power of Attorney Clauses Made Based on Debts and Receivables, by declaring such agreements null and void by law even if the agreement is made based on a Notarial Deed or Authentic Deed. Application for cancellation of agreement due to fraud, coercion or abuse of circumstances (misbruik van omstandigheden).

Preservation of Historical Buildings through the Lens of International Law

Historical buildings deserve preservation not only for their aesthetic features but also as guardians of cultural and spiritual values. This is now acknowledged by several international law norms. Nonetheless, the legal discourse about their preservation carries a set of problematic implications because it is hard to adopt regulations that combine protection, promotion and valorisation with economic investments and market strategies and with everyday urban life. This is particularly evident with regard to immovables located within historical cities or towns whose economy depends on marketing the cultural identity, authenticity and history of the place to outsiders. This paper highlights the approach adopted by the most relevant international legal instruments which focus on the protection of what belongs to the historical city’s cultural heritage as being of crucial significance for individuals and communities in relation to their cultural identity. In this perspective, the safeguard of historical buildings can be linked to the right of access to and enjoyment of cultural heritage: a specific human right recognized under international law. The issue at stake is how to comply with principles and rules of international law while at the same time respond to the needs of modern life and economy. This paper identifies the rules and principles of international law that have gained legal relevance and can provide valid tools to states and local administrations to implement and fulfil protectionist policies for historical buildings.