Comment on Katharina Pabel: The Right to an Effective Remedy in a Polycentric Legal System

Abstract One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness of a remedy manifests itself in the sense of preventing the alleged violation of law or its continuation, or in providing adequate redress for any violation that had already occurred. The standard of the right to an effective remedy is fulfilled in all EU Member States differently. As an example in the paper was presented interactions between above mentioned standards and polish legal system in the area of administrative judiciary.

Download Full-text

“Part Man, Part Machine, All Cop”: Automation in Policing

Frontiers in Artificial Intelligence ◽

10.3389/frai.2021.655486 ◽

2021 ◽

Vol 4 ◽

Author(s):

Angelika Adensamer ◽

Lukas Daniel Klausner

Keyword(s):

Legal System ◽

Fundamental Rights ◽

Biometric Identification ◽

Predictive Policing ◽

Recidivism Prediction ◽

Effective Remedy ◽

The Right

Digitisation, automation, and datafication permeate policing and justice more and more each year—from predictive policing methods through recidivism prediction to automated biometric identification at the border. The sociotechnical issues surrounding the use of such systems raise questions and reveal problems, both old and new. Our article reviews contemporary issues surrounding automation in policing and the legal system, finds common issues and themes in various different examples, introduces the distinction between human “retail bias” and algorithmic “wholesale bias”, and argues for shifting the viewpoint on the debate to focus on both workers' rights and organisational responsibility as well as fundamental rights and the right to an effective remedy.

Download Full-text

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

europa ethnica ◽

10.24989/0014-2492-2019-34-180 ◽

2019 ◽

Vol 76 (3-4) ◽

pp. 180-188

Author(s):

Bianca Nicla Romano

Keyword(s):

Human Rights ◽

Legal System ◽

Universal Declaration ◽

Title V ◽

Negative Consequences ◽

Real Right ◽

Right To Work ◽

The Individual ◽

The Right ◽

Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Download Full-text

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

European Journal of Social Sciences Education and Research ◽

10.26417/ejser.v10i1.p84-88 ◽

2017 ◽

Vol 10 (1) ◽

pp. 84

Author(s):

ARTAN QERKINI

Keyword(s):

Market Economy ◽

Legal System ◽

Practical Implementation ◽

Relevant Evidence ◽

Legal Provisions ◽

The Law ◽

Legislative Amendments ◽

The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Download Full-text

Punishment

10.1093/oso/9780198702603.003.0022 ◽

2018 ◽

Author(s):

Mark McClish

Keyword(s):

Legal System ◽

State Violence ◽

The Law ◽

The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

Download Full-text

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

American Journal of Law & Medicine ◽

10.1017/s0098858800006353 ◽

1995 ◽

Vol 21 (2-3) ◽

pp. 281-300

Author(s):

Jody Weisberg Menon

Keyword(s):

General Theory ◽

Legal System ◽

Medical Malpractice ◽

Common Knowledge ◽

Common Law ◽

Expert Witnesses ◽

Malpractice Reform ◽

The Right ◽

Scholarly Attention ◽

Scientific Testimony

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

Download Full-text

Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

German Law Journal ◽

10.1017/glj.2019.71 ◽

2019 ◽

Vol 20 (7) ◽

pp. 1079-1095

Author(s):

Noor Aisha Abdul Rahman

Keyword(s):

Legal System ◽

Well Being ◽

The State ◽

Political Issues ◽

Minority Community ◽

Muslim Minority ◽

The Right ◽

Personal Law ◽

Muslim Minorities ◽

Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

Download Full-text

The "Right to Die": A Case Study in American Lawmaking*

European Journal of Health Law ◽

10.1163/157180996x00239 ◽

1996 ◽

Vol 3 (1) ◽

pp. 49-74

Author(s):

Alan Meisel

Keyword(s):

Legal System ◽

Right To Die ◽

Judicial Process ◽

Clinical Issue ◽

The Press ◽

American Law ◽

American Legal System ◽

The Right ◽

Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

Download Full-text

SUING YOUR PARENTS

PEDIATRICS ◽

10.1542/peds.92.4.a78 ◽

1993 ◽

Vol 92 (4) ◽

pp. A78-A78

Author(s):

B. H.

Keyword(s):

Legal System ◽

Foster Parents ◽

Legal Action ◽

Lake County ◽

The Right ◽

First Time ◽

The U.S

In a court battle beginning today, a judge will be asked for what is believed to be the first time to determine whether children have the right to take legal action on their own behalf. At the heart of the dispute in a Lake County, Fla., courtroom is a small, bespectacled boy who claims his childhood has been destroyed and who is doing battle with two formidable adversaries: his parents and the U.S. legal system. Gregory K., age 11, (his name is being withheld by the court) has taken the unprecedented step of filing a petition to divorce himself from his parents ... Judge C. Richard Singeltary is being asked to decide whether Gregory has the right to divorce his parents. The court is also being asked to allow Gregory's foster parents—with whom the boy has been living for nine month—to adopt him.

Download Full-text