The Right of Access to Justice

2009 ◽  
pp. 127-184
Author(s):  
Christina Eckes
Keyword(s):  
Access To Justice ◽  
The Right ◽  
Right Of Access

Simoncioni v. Germany

2015 ◽  
Vol 109 (2) ◽  
pp. 400-406
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Access To Justice ◽  
Constitutional Court ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Court ◽  
Compensation Claims ◽  
The Right ◽  
Right Of Access

With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

scholarly journals La incidencia de las nuevas tecnologías en el debido proceso.

2020 ◽  
Vol 6 (2) ◽  
pp. 186-199
Author(s):  
Miguel de Asis Pulido
Keyword(s):  
Artificial Intelligence ◽  
Due Process ◽  
New Technologies ◽  
Access To Justice ◽  
Legal Assistance ◽  
Judicial Process ◽  
Nuevas Tecnologías ◽  
Technological Developments ◽  
The Right ◽  
Right Of Access

The purpose of this paper is to study the incidence of new technologies in the judicial process from the perspective of due process. To achieve its objectives, it is important to analyze how the new tools in ICTs and Artificial Intelligence are influencing the rights that must be respected in the judicial and extrajudicial processes, such as the right of access to justice, the right to legal assistance or the right to an independent and impartial tribunal. To do this, the new technological developments are classified in six legal levels of intervention.

scholarly journals Implementation of Human Rights and the Mandatory Precedents in Foreign Trade, Legal Effectiveness: Mexico Case

2021 ◽  
Vol 9 (12) ◽  
pp. 153-164
Author(s):  
Laura Hernandez Ramirez
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Access To Justice ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Right ◽  
Right Of Access

We make an analysis of the implementation of human rights and the mandatory precedent in matters of Mexican foreign trade, in an administrative and judicial context in the search for legal effectiveness with constitutional control, highlighting the implementation of human rights contained in treaties commercial, such as access to justice and prompt and expeditious; We point out a recent case of human rights and foreign trade, with the implementation in the Mexican legal system, of the Free Trade Agreement Mexico United States Canada, before the Supreme Court of Justice of the Nation, as well as a possible proposal before the provisions of its Article 14.D.5, regarding the right of access to prompt and expeditious justice in investment matters, and avoiding the resolution of controversies before international arbitration panels that have been questioned.

Access to Justice: Ukraine and Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1122
Author(s):  
Tetiana M. BREZINA ◽  
Nadiia P. BORTNYK ◽  
Iryna Yu. KHOMYSHYN
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Modern Concept ◽  
Free Access ◽  
Access To Justice ◽  
Legal Provisions ◽  
European Experience ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.

Italy’s Compliance With ICJ Decisions vs. Constitutional Guarantees: does the “Counter-limits” Doctrine matter?

2013 ◽  
Vol 22 (1) ◽  
pp. 185-200 ◽  
Author(s):  
Fulvio Maria Palombino
Keyword(s):  
International Law ◽  
The State ◽  
Access To Justice ◽  
Basic Principles ◽  
Constitutional Order ◽  
Res Judicata ◽  
International Legal Order ◽  
The Icj ◽  
The Right ◽  
Right Of Access

One of the most common obstacles to the domestic enforcement of international decisions is represented by the presence of a constitutional impediment. Indeed, most national constitutions, though open to international law, can prevent the implementation of an international decision, insofar as the latter conflicts with the basic principles of the constitutional order. This article argues that in such cases it is necessary to preserve a space where the State continues to retain full sovereignty and whose protection acts as an unbreakable “counter-limit” to the limitations deriving from the international legal order (“counter-limits” doctrine). Yet recent judicial and legislative practice in Italy concerning the implementation of the ICJ decision in Jurisdictional Immunities of the State seem to overlook the need to preserve this “space”. As a consequence, certain fundamental constitutional guarantees, such as the right of access to justice, the rule of res judicata and the principle of non-retroactivity of the law, have inescapably ended up being compromised.

Access to Justice in Environmental Matters: Recent Developments

2012 ◽  
Vol 14 (2) ◽  
pp. 179-185
Author(s):  
Charles Poncelet
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Access To Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Recent Developments ◽  
The Right ◽  
Right Of Access

Abstract The right of access to justice in environmental matters constitutes one of the three pillars enshrined by the Århus Convention to which the European Union is a Party. This article will examine a recent judgment of the European Court of Justice. Indeed, the latter appears to play an important role in the implementation of this procedural right.

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

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