Legislative Solutions Research Articles

Presidential prerogative, congressional inaction, and the problem of presidential libraries

Purpose In the context of an analysis of stopgap and reactionary presidential library and records act, the purpose of this paper is to consider how the separation of the Obama Presidential Library from the Obama Presidential Center illuminates fundamental flaws in the public-private model that demand a more comprehensive legislative solution. Design/methodology/approach Drawing upon government, academic and public sources, this paper examines the legislation of presidential records and libraries to gain perspective on the presidential library system and the Obama Presidential Center, the first post-Presidential Records Act institution to operate independently of the National Archives and Records Administration (NARA). Findings This paper traces the evolution of presidential library statutes and standards to reveal how the genesis of an independent Obama Presidential Center strained an already stressed system, creating significant questions about its future. Originality/value This paper offers an original treatment of the statutes governing NARA’s administration of presidential libraries, framing a cycle of calls and responses, with the acts of individual presidents eliciting acts of Congress. Also original, and timely, is the treatment in this paper of how these laws created the conditions for an independent Obama Presidential Center.

Transition and visual arts in Estonia 1988–1995: cultural policy, financing, legislation, and social changes

ABSTRACT This article focuses on the often-overlooked economic circumstances of artistic endeavors in Estonia from 1988 to 1995. It examines how the collapse of the Soviet Union, a deep economic crisis, the cessation of state patronage, and ultimately the downfall of the prevailing support system for art and artists – followed by a shift toward a neoliberal economy – impacted the arts and the principles governing the distribution of funds. The article covers legislative proposals and solutions introduced by the Estonian government, as well as the public discourse on economic and social crises within the art field, as reported by local newspapers.

Legal bases for effective secondary use of health and genetic data in the EU: time for new legislative solutions to better harmonize data for cross-border sharing?

Legal bases for effective secondary use of health and genetic data in the EU: time for new legislative solutions to better harmonize data for cross-border sharing?

입법과 사법의 경계: 법률해석의 한계

What is the relationship between legislation and adjudication? Traditionally, it is believed that judges should simply apply the law to specific facts and render judgments accordingly. Montesquieu encapsulated this view by describing judges as "the mouthpieces of the law." In contrast, the Free Law Movement posits that judges are not strictly bound by the text of the law and have the freedom to discover or even create law as needed. Between these two extremes, there exists a range of perspectives on the relationship between legislative and judicial powers. This relationship is crucial because it defines the limits of legal interpretation, making it a central issue in judicial decision-making. This paper begins by exploring the objectives and methods of legal interpretation. It then examines how the Supreme Court of Korea, particularly through its en banc decisions, navigates the relationship between legislation and judicial precedent, or between legislative theory and interpretive theory. The Supreme Court cases discussed in this paper — covering topics such as the gender correction for transgender individuals, parental status of children born through artificial insemination, nominee trusts and unconscionable legal transactions, special limited approval for minor heirs, and judicial reduction of penalty clauses — all address challenging issues that sit at the intersection of legislation and adjudication. The judiciary is vested with the authority to interpret the law, determine its meaning, define its scope, and apply it to specific cases. However, this authority is not without limits. Judges must interpret laws in a manner that respects the legislative power to create laws and must avoid distorting, altering, or replacing the legislator' s decision that can be ascertained from relevant statutory text. This approach is consistent with the constitutional principles of separation of powers and the rule of law, which delineate the distinct roles of the legislative and judicial branches. A legislator's legislative decision cannot be overturned by a judge's judicial decision. Judges must also fulfill their constitutional duty to adjudicate independently according to their conscience (Article 103 of the Constitution of Republic of Korea). It is the judge's role to ascertain the just meaning of the law, grounded in the Constitution and statutes, and to apply it to individual cases. When interpreting and applying laws, judges must confront the critical question of whether to prioritize the intent of the legislature, adhere strictly to the text of the law, or pursue the broader objectives of the law. This question forms both the starting and ending points of legal interpretation and influences views on the boundary between legislative and judicial functions. Whether there has been a legislative decision is a question of the boundaries of statutory interpretation. Legislative solutions, within the constitutional framework, offer the advantage of providing comprehensive resolutions and selecting the best option among various alternatives. However, it is not always possible or appropriate to defer to legislative solutions. The judiciary must, therefore, seek the optimal resolution within the boundaries established by the Constitution and statutes, guided by judicial conscience.

신고법제에 있어 「행정기본법」과 「행정절차법」의 관계

Since the law is a compulsory norm for maintaining social order, it must naturally have a normative system consistent with the system of social order. Nevertheless, the legal system for reporting under the current legislation is in such a mess that it is called an abode of demons, and this stems from systematic problems as well as from the content of the reporting law, resulting in a lot of normative confusion not only for the people but also for the administration that applies the law. Under these circumstances, the enactment of the General Act On Public Administration in March 2021 attempted a legislative solution to the ambiguity of the reporting law, but due to the ambiguity of the identity and discipline of the Framework Act on Administration itself, many questions are already raised about whether the General Act On Public Administration is a “legislative solution” to the normative confusion caused by the distinction between reports. In addition, the current legislative situation, in which the Administrative Procedure Act is repeatedly added to the regulations on the reporting law, is increasingly demanding the need for the improvement of the legal system. Of course, since legislation recognizes considerable freedom of legislation, the issue of legal reorganization of the relationship between the General Act On Public Administration and the Administrative Procedure Act in the reporting law is not socially and legally easy. In particular, legislative policy requests are bound to intervene strongly in this issue, and in the end, this is not a matter of legal normative a priori logic, but a matter of legislative policy that focuses on the harmony and convergence of various opinions of members of society for the “Optimization Act”. However, in terms of its direction, the legalization of reporting requires sufficient discussion and social consensus to ensure procedural legitimacy from the perspective of the people, not from the perspective of administration. Given the social function of the law, the law should be “good legislation”. Legislation is a product of a country's diverse history and culture, and the current level of legislation is an important measure of a country's development and competitiveness. From the perspective of good legislation, the General Act On Public Administration and the Administrative Procedure Act need to be integrated. Of course, there is no uniform legally conclusion in that legislative policy discretion is recognized in the specific direction and content of the integration, but the integrated legislation into the Framework Act on Administration seems to be basically a reasonable direction. It is a well-known fact that there is a lot of criticism about the enactment process and regulations of the General Act On Public Administration, and in this regard, it is true that the current General Act On Public Administration is not the best legislation as “good legislation”. Nevertheless, it is also an undeniable normative meaning that it is the next best choice for general legal calls for an administrative legal system centered on unwritten law. Therefore, it is time for social efforts to ensure that the previously enacted General Act On Public Administration no longer stays in the next best legislation and establishes itself as the best ‘good law’ as soon as possible, and the integration of the reporting law is one step in such efforts.

형사소송법상 ‘피고인이 구속된 때’에 있어서 구속 개념의 해석 및 입법론 - 대법원 2024. 5. 23. 선고 2021도6357 전원합의체 판결

Korean Criminal Procedure Act establishes “when the defendant is in custody” as one of the grounds for appointing a public defender. (Article 33, Paragraph 1(1)) The Supreme Court has traditionally viewed this as a case in which the defendant is detained and on trial in the criminal case in question. It may be reasonably concluded, therefore, that being detained in a separate case or being convicted and sentenced in another criminal case does not qualify as a reason for the appointment. However, in May 2024, the Supreme Court reconsidered its position to include cases where a warrant of arrest has been issued and executed in a separate case or where the defendant has been convicted in another criminal case and is in custody as a result of the execution of the judgment. This artice reviews the decision to reconstruct the contents of its majority opinion, separate opinion, and supplementary opinion by interpreting the legal textual meaning of the concept of restraint, interpreting the purposive meaning, and policy interpretation issues. It will then evaluate them together with related laws and theories, with a view to seeking a legislative solution to the interpretation controversy. While the existing precedents did not present the interpretation arguments in detail, the individual opinions of the judgments indicate that the arguments were based on the stable utilization of the current system and practice on public defenders and the right to counsel, as well as the efficient allocation of judicial resources. There is a difference of opinion as to whether the expansion of the right to counsel and the necessary expansion of the public defender system should be achieved by changing case law or by amending the law. Thus, the author propose the amendment of paragraph 1(1) of the Article 33, “When the criminal defendant is placed under detention”to “When the criminal defendant is placed under custody”.

Barriers Facing Undocumented Medical Students Without DACA.

Despite predictions that the United States will experience a growing physician shortage in the coming decades, there remains a population of would-be clinicians who are barred from becoming licensed physicians because of their immigration status. Undocumented medical students who do not have DACA have to overcome many barriers to gain admittance to medical school, but because they lack work authorization in the United States, they are unable to enter residency training. In this article, the authors highlight the implications of this dilemma for academic medicine. After detailing the experiences of an undocumented medical student, they examine the historical and policy background of this barrier to licensure and board certification. The authors consider the most immediate option available to academic medical institutions: to create a viable training program that is an alternative to residency. Such an alternative training program would need to be equivalent in quality to an accredited residency program and enable its trainees to become board-certified but not be a form of employment. Finally, the authors conclude with a call for academic medicine to engage in advocacy in support of legislative solutions for undocumented young people.

Compensation for non-pecuniary damage in labor law is an important guarantee of the protection of workers’ rights

The article is devoted to the study of the institution of compensation for moral damage in the field of labor, i.e. in cases where the employee’s labor rights are violated by the employer, and as a result, moral damage is caused, which is subject to compensation. Since the issue of compensation for moral damage in labor law remains debatable to this day, as there is no unambiguous scientific or legislative solution to it. Although the institution of compensation for moral damage in the field of labor is an important guarantee of the protection of workers’ rights. During the research, the current domestic legislation and the views of scientists on the raised issue were analyzed. In particular, it is stated that compensation for non-pecuniary damage in labor law has its own characteristics compared to compensation for non- pecuniary damage in civil law. Thus, the specifics of compensation for non-pecuniary damage in the field of labor lies in the subject structure of this legal relationship - the employee and the employer, where the employer has the obligation to compensate non-pecuniary damage, and the employee has the right to receive it in the presence of negative consequences of the violation of labor rights. Attention has been drawn to the fact that compensation for moral damage in labor law is proposed to be considered in three aspects: as compensation for moral damage caused to the employee; as an independent, special and universal type of employer’s responsibility; and as a way of protecting the rights of the employee in labor relations. It was concluded that the labor legislation regarding the legal regulation of issues of compensation for moral damage to the employee needs improvement, since it lacks a definition not only of compensation of moral damage in labor law, but also of moral damage in labor law, which , in turn, leads to the fact that the inflicted moral damage is not actually perceived as damage, it is simply ignored. At the same time, although the introduction of the institution of compensation for moral damages in labor law did not solve all the problems regarding the protection of human labor rights, it is evidenced by the fact that the constitutional provisions on the recognition of a person as the highest social value and the guarantee of his physical and moral safety by every state are gradually being implemented in the labor legislation.

Implementation of Industrial Accident Prevention Policies Based on an Investigation of Actual Conditions in an Explosives Manufacturing Plant

Abstract In order to establish principles for implementing requirements contained in legal acts regarding methods of preventing serious industrial accidents, a study of the procedures in place at NITROERG SA, a company manufacturing explosives, was conducted. The analysis also included regulations concerning actions to be taken in the event of an accident, aimed at minimizing negative impacts on people and the environment. Legislative solutions imply the necessity for business entities to submit reports to emergency services, while also carrying out a range of activities to counteract threats associated with serious accidents. This article presents how these recommendations are implemented by the company and the methods of obtaining data to improve the undertaken projects. However, incidents in recent years indicate the need for further verification of processes to eliminate risks.

Solving Investors’ Problems with Access to Evidence in Damages Litigation: Suggestions for a Future Issuer Liability Regime

AbstractPrivate enforcement’s role in the European secondary securities market is narrow. Issuer companies’ civil liability for violations of the inside information disclosure obligation is no exception. While trying to avoid the shadow of the US class action institution, European scholarship has long explored ways to increase the role of private enforcement in the securities market. Harmonising issuer liability is one of the suggestions to create a more prominent role for private enforcement. Even though harmonising issuer liability would be a welcome option for legal certainty and investor protection, it seems unlikely to happen in the near future. As an initial step towards potential harmonisation, this article analyses credit rating agencies’ (CRAs) liability and liability for competition law violations from the viewpoint of information asymmetry in litigation. It evaluates whether the legislative solutions in the CRA III Regulation and the Competition Damages Directive regarding plaintiffs’ access to evidence could be used as models for a potential issuer liability regime. The article finds that the choices made in the Competition Damages Directive could serve as viable models for issuer liability. The provisions in that Directive solve the information asymmetry between the plaintiff and the defendant by granting the plaintiff access to evidence in litigation through a court order.

Reducing Cancer Drug Cost: 3-Year Analysis of Automated Dose Rounding in Electronic Health Records.

Globally, cancer drug expenditure exceeds $185 in US dollars (USD) billion, with the United States contributing $75 (USD) billion. Many cancer drug doses are calculated on the basis of body weight or body surface area, which often results in leftover drug in partially used single-dose vials (SDVs). The cost of wasted drug is a huge financial burden on the US health care system. We evaluated the cost savings resulting from the reduction of SDV wastage, achieved through the implementation of automated dose rounding rules in electronic health records (EHRs). Mayo Clinic implemented automated dose rounding rules within the EHR. These rules were designed to round calculated doses to the nearest SDV if the vial size closely matched the original calculated dose, within a 10% threshold. We assessed doses administered between January 2019 and December 2021, and computed cost-savings, waste reduction, and cost of waste for chemotherapy drugs. In 3 years, 36.1% of doses were rounded down, 35.8% were rounded up, and 28.1% were exact doses. By rounding doses down to a vial size, we achieved cost-savings of $39.75 (USD) million and prevented 62,065 SDV of cancer drugs from going to waste. By rounding doses up, we avoided wasting $9.95 (USD) million worth of drugs. However, there were still instances where the rounding fell outside of the 10%, resulting in wasted drugs worth $25 (USD) million. The substantial burden imposed on patients and the US health care system because of cancer drug wastage is of significant concern. Although the automated dose rounding system represents a partial solution for this issue, a comprehensive approach involves the imperative development of policy and legislative solutions to effectively mitigate the challenges associated with cancer drug waste.

The Legal Challenges of Regulating AI in Cybersecurity: A Comparative Analysis of Uzbekistan and Global Approaches

This paper delves into the complex legal landscape surrounding the regulation of artificial intelligence (AI) in cybersecurity, with a particular focus on Uzbekistan's regulatory framework in comparison to global approaches. As AI technologies become increasingly integral to cybersecurity systems, they present a host of unique legal and ethical concerns that traditional legislative models are ill-equipped to address. Through a comparative analysis methodology, this study evaluates Uzbekistan's current legal stance on AI in cybersecurity against international best practices, identifying critical gaps and proposing potential legislative solutions. The research reveals that while Uzbekistan has made significant strides in digital development, its legal framework lacks specific provisions for AI-driven cybersecurity measures, potentially leaving critical infrastructure vulnerable to emerging threats. The paper concludes by advocating for a balanced approach that fosters innovation while ensuring adequate safeguards against AI-related cybersecurity risks, positioning Uzbekistan as a potential leader in AI governance within Central Asia.

Share Sales under the German Controlled Foreign Company Taxation Regime – Areas of Concern and Legislative Solutions

In this note, the authors examine the implications of the German Anti-Tax Avoidance Directive Implementation Act and the new German Foreign Tax Act Application Decree for the treatment of strategic share sales under the German controlled foreign company taxation regime. The authors show that the approach taken by German lawmakers is far from perfect, and further amendments to the German controlled foreign company rules may be needed. To this end, possible legislative solutions are presented.

Edukacja w zakresie ochrony zwierząt (uwarunkowania prawne)

The article is of a scientific research nature, and its main aim is to analyse the legislation providing for obligations for the dissemination of knowledge on animal protection, as well as to evaluate them and formulate optimisation postulates. The formal-dogmatic analysis of the regulations in force in the Polish legal order has been preceded by findings on how this issue is regulated in international and EU laws. This is mainly supported by the fact that formal education has a huge role to play in animal protection. Unfortunately, this issue has been marginalised in all legal orders discussed in this text. All in all, the normative arrangements adopted must be assessed as very insufficient, in particular as regards the fulfilment of the statutory obligation to take account of animal protection issues in the general education core curriculum. Moreover, this issue is very rarely subject to an in-depth scientific analysis. Therefore, the dissemination of previously unpublished research results will help develop better legislative solutions and raise public awareness about the protection of animals, which is one of the conditions for further civilizational progress.

Abortion as an ethical-religious problem in Islam

The relevance of this article lies in the increasingly active public discussion among Muslims, the challenge posed by the induced termination of pregnancy by Muslims and the problems stemming from it. The increasing calls from Muslims to the spiritual authorities for clarification of this issue in various countries confirm this trend. However, a comprehensive understanding of Islamic attitudes towards induced abortion remains poorly understood. Islamic discourse permeates the entire socio- cultural facet of Muslim society. It is transforming and developing among the communities of modern Muslim countries, matching the dynamics of changes in attitudes on the issue of induced termination of pregnancy from the early Middle Ages to the beginning of the ХХI century inclusive. In this regard, the purpose of this work is to describe and reveal the question about the use of abortion in the Islamic world. In the study specific “introductory” examples from the Muslim world are presented for disclosure given by those. In the course of this study, the topic of abortion as a social and medical phenomenon was briefly studied and covered through the lens of terminology, social, medical, religious and legislative factors. The process of transforming Islamic religious ethics with regard to abortion is briefly outlined. In the sequence since the beginning of Islam and the development of this religious speech in the ХХI century, the prism of the views of the Sunni and Shiitic directions, as well as the 4 Sunni theological schools, in the context of solving the problem of abortion. Examples were provided of legislative solutions to the problem of induced termination of pregnancy in some Muslim countries, Asia Minor, the Middle East, North Africa and Australia. The materials of this article contribute to the study of ethical and religious problems in Islam.

Improving the Legal System in Accordance With the Requirements for Building a Socialist Rule-Of-Law State in Vietnam

Objective: This study aims to contribute further discussions on solutions to enhance the quality of the legal system in the context of Vietnam advancing to stage 2 (stage 1 being the quantitative aspect) of the process of perfecting its legal system. Theoretical Framework: This research adopts the ROCCIPI model theory to identify several solutions for improving the Vietnamese legal system within the context of the requirements for building a rule-of-law state in Vietnam, as embodied in Resolution No. 27. Research Methods: This paper employs methods such as the analysis of written laws, document analysis, and comparative analysis. Results and Conclusion: The research results indicate that after prolonged efforts to build a legal system almost from scratch, Vietnam now has a legal framework and procedural system that covers most social relations, gradually replacing arbitrary measures previously imposed by public entities. However, the Vietnamese legal documents system exhibits numerous inadequacies and lacks stability. One of the causes is the involvement of multiple intermediaries in the law-making process, leading to a multi-layered legal system with various procedures (often referred to as "sub-licenses") that interfere with the effectiveness of regulations. Despite modernization efforts, Vietnam's legislative techniques have not significantly improved the quality of legal documents. Therefore, this study proposes solutions focusing on addressing these issues based on the ROCCIPI model approach, which the author believes is suitable for Vietnam's political and legislative realities. Research Implications: This study is set against the backdrop of the Communist Party's continued emphasis on legal formalization, reflecting a consistent policy direction towards building a state that upholds the rule of law. The author agrees that building and perfecting the legal system in any country must begin with an awareness of the law's position and role in social life, from the perspective of the entity controlling and regulating society. Therefore, this research, premised on the consistent guiding capacity of the Communist Party and the State of Vietnam in the legislative process, will discuss ways to progressively perfect the legislative process with strong leadership and constructive roles from these two entities. Originality/Value: Since the promulgation of the Law on Promulgation of Legal Documents in 2008 , issues regarding efficiency, rationality, inflation, and overlap of legal documents have not been resolved. Numerous studies have identified causes, consequences, and proposed legislative solutions to optimize the legislative process and establish a legal life for the documents. The contribution of this study, beginning with a hypothesis about the strong regulatory role of political and social management entities, with an awareness of the law's role in this process, will provide solutions focusing on three aspects of the legislative process: reducing intermediary layers between rules and social life; continuing to emphasize the stability of rules with the central regulatory role of the state; and finally, the techniques of drafting documents, which can be frequently adjusted to meet the two aforementioned objectives.

The role of ETSI in the EU’s regulation and governance of artificial intelligence

This paper explores the significant role that standardisation plays in the regulation and governance of artificial intelligence (AI) within the European Union (EU). As AI technologies rapidly advance, they bring about important societal implications involving privacy, fairness, transparency and other relevant ethical considerations. As a result, legislators and policymakers around the world are joined by a common drive to provide legislative solutions and regulatory frameworks that guarantee that the ongoing integration of AI systems into society is consistent with fundamental rights and democratic values. This paper critically examines the EU Regulation on AI (AI Act), which delegates the definition of essential requirements for high-risks AI systems to harmonised standards, underlying the significance of standardisation in ensuring technical feasibility and compliance with EU laws and values. At the forefront of this discussion there is the increasing influence of AI-related standardisation across social, economic, and geopolitical domains, with a particular focus on the crucial role played by Standard Developing Organisations (SDOs) in the regulatory and governance processes. This paper contributes to the legal scholarship by critically analysing the regulatory approach chosen for the EU’s AI Act, contesting the adequacy of the New Legislative Framework (NLF) for AI governance, and arguing that the reliance on harmonised standards risks undermining democratic accountability and fails to sufficiently safeguard fundamental rights without a more inclusive and transparent standard-setting process. The article focuses on the exclusion of the European Telecommunications Standards Institute (ETSI) from the European Commissions standardisation request in support of the AI Act, and asseses its potential impact on EU law-making and regulatory consistency. Ultimately, the analysis aims to contribute to the understanding of standardisation dynamics, offering insights into its profound implications for AI governance and the broader digital sphere.

Sprzeciw od decyzji kasatoryjnej – perspektywa konstytucyjna

The subject of the article is an analysis of the compatibility of the solutions adopted within the institution of opposition to a cassation decision with the Polish Constitution. As part of the introduction of the institution of objection to a cassation decision, the legislator provided for special solutions within the framework of administrative court proceedings aimed at speeding up the proceedings from the objection. However, the speed of the proceedings is not an absolute value and must not violate the right of the individual to a fair trial. Hence, the purpose of the study is to answer the question of whether the adopted solutions meet the constitutional standard, taking into account the interpretation of the legislation adopted in case law and doctrine. The subject of the study are, among other things, the following solutions: shortening the time limit for the issuance of a ruling by an administrative court, limited cognition of an administrative court, participation in judicial-administrative proceedings only of the authority and the objector, restriction of the possibility of taking part in the proceedings of social organizations, lack of the possibility of filing a cassation complaint against a ruling allowing an objection, linguistic analysis of the provisions in terms of meeting the standard arising from the principle of correct legislation. In addition, the authors make a de lege ferenda postulate not to stop at a mere critical assessment of the adopted legislative solutions.

New paramedic scope of practice in Poland based on the 2022 reform

Emergency medical systems in the world are mainly based on two main models: the Franco-German System (FGS) and the Anglo-American System (AAS). The characteristic feature of the FGS is the "Stay and Play" principle, while the AAS system is based on the "Scoop and Run” principle. The Polish model is a mix of those two systems mainly based on the work of paramedics. Their scope of operations and powers have changed over time. As a result of the advocacy undertaken by paramedics in Poland, legislation was drafted and became law in June 2023. The central changes include: the introduction of a paramedic register, the establishment of a professional self-government of paramedics, the expansion of professional competencies such as the ability to declare death, and new opportunities for professional development including speciality training or paid training leave. This article discusses the new law in the context of previous legislative solutions in the field of emergency medicine in Poland and in other European countries.

Judicial Independence in Somalia

This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.