Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

2009 ◽  
Vol 5 (1) ◽  
pp. 32-70 ◽  
Author(s):  
Gavin Barrett
Keyword(s):  
European Union ◽  
Political Parties ◽  
Supreme Court ◽  
Case Law ◽  
Legal Framework ◽  
Equal Access ◽  
Constitutional Amendment ◽  
Political Implications ◽  
The Impact

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

Minority Protection in the European Union: To Protect or Not to Protect?

2019 ◽  
Vol 26 (1) ◽  
pp. 92-115
Author(s):  
A. Aslı Bilgin
Keyword(s):  
European Union ◽  
European Integration ◽  
Minority Rights ◽  
Case Law ◽  
Legal Framework ◽  
Internal Market ◽  
Lisbon Treaty ◽  
The European Union ◽  
Minority Protection ◽  
The Impact

The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.

scholarly journals CONTENTS OF THE NOTION AND ROLE OF PUBLIC ORDER AND OTHER THREATS IN THE BORDER CROSSING

2014 ◽  
Vol 1 (6) ◽  
pp. 61
Author(s):  
Artūrs Gaveika
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Border Crossing ◽  
Public Order ◽  
Security Threats ◽  
The European Union ◽  
Legal Concept ◽  
Free Movement Of Persons

The concept of public policy as a legal concept is quite complicated, much debated concept of jurisprudence, it is reflected in several laws of the Schengen acquis and in the case law. Due to interpretation problems the attempts to proportionate balance in public order interests ensuring free movement of persons in the European Union space have become the subject of a number of judicial precedents in both separate Schengen Member States as well as throughout the European Union. An important step in conflict resolution is the concept and terminology analysis and unification, which in the legal framework of the Schengen acquis must be initiated by defining the basic concept s such as „public order”, „national security”, „threats to public health” as well as to harmonize the terminology, the author offers a lecture. That is why the author’s main suggestion in this study is to work out unitary and harmonized terminology.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

INTEGRATING SUSTAINABLE DEVELOPMENT INTO EUROPEAN POLICYMAKING: THE ROLE OF IMPACT ASSESSMENTS

2007 ◽  
Vol 09 (02) ◽  
pp. 141-160 ◽  
Author(s):  
JENNIFER FRANZ ◽  
COLIN KIRKPATRICK
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Impact Assessment ◽  
European Commission ◽  
Development Strategy ◽  
Environmental Effects ◽  
The European Union ◽  
The Impact ◽  
Policy Proposals

Since the adoption of the EU's first Sustainable Development Strategy in 2001, the European Commission has been committed to undertaking impact assessments of its major policy proposals, covering the potential positive and negative economic, social and environmental effects both inside and outside the European Union. This paper provides as evaluation of a sample of the Commission's recent EC Impact Assessments, focusing on the extent to which the goal of sustainable development has been integrated into the impact assessment analysis.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals Impact of circular economy as the EU’s ambitious policy

2019 ◽  
Vol 11 (2) ◽  
pp. 79-96
Author(s):  
Urška Fric
Keyword(s):  
Political Economy ◽  
Environmental Policy ◽  
Circular Economy ◽  
Best Practice ◽  
Action Plan ◽  
Legal Framework ◽  
New Approach ◽  
Social Actors ◽  
The Impact

Abstract The article describes the role of legislative and legal framework which brought about a new approach to waste management through the concept of circular economy, and its drivers. We explicitly focus on the impact of ambitious EU environmental policy and its financial support from the European Commission (EC) which helped social actors recognize not only the ecological, but also the economic and social benefits of the circular economy. Over 50 actions under the “Circular Economy Action Plan” launched in 2015 have been delivered or are being implemented in this period in European Union (EU). Through overview of the EU’s ambitious policy, best practice of the circular economy in the world and status quo in circular economy at EU level we also show the circular economy is nowadays a crucial megatrend and there is still needed to increase up action at EU level, provide the competitive advantage it brings to EU economy and close the loop. Beside impact of ambitious EU environmental policy article focuses on the Cultural Political Economy (CPE) approach as a political economy approach with the purpose for explaining the role of legislative and legal framework as a mechanism for selection and retention of the paradigm of circular economy.

scholarly journals The Impact of the Voting Rights Act on American Political Parties

1994 ◽  
Vol 14 ◽  
pp. 565-575
Author(s):  
Howard A. Scarrow
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Voting Rights ◽  
Voting Rights Act ◽  
Legal Standards ◽  
The Past ◽  
The Supreme Court ◽  
The Impact

The weakening of American political parties has been a theme featured in the writings of political scientists for the past several decades. This essay is addressed to developments which may further that decline-developments which have undermined the very purpose which American political parties are said to serve. I refer to legal standards which were established by the Supreme Court in 1964, and which have since been expanded by the Court and then incorporated into the Voting Rights Act of 1965 and its amendment in 1982.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

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