4. Shaping the legal system: the role of government

Author(s):  
Martin Partington

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. It also considers the Judicial Office, the Judicial College, and the Law Commission. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Exiting the European Union, the Department for Business, Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.

Author(s):  
Martin Partington

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. It also considers the Judicial Office, the Judicial College, and the Law Commission. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Exiting the European Union, the Department for Business, Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.


2021 ◽  
pp. 73-91
Author(s):  
Martin Partington

This chapter considers the principal government departments that shape the English legal system. Over the years, the Government has become increasingly involved in the English legal system. The leading department is the Ministry of Justice, which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. It also considers the Judicial Office, the Judicial College, and the Law Commission. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Business, Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.


Author(s):  
Martin Partington

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Business Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.


Author(s):  
Paul Kalinichenko

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.


Author(s):  
Ulaş Karan

This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.


2021 ◽  
pp. 108-139
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.


Author(s):  
Gaga Gabrichidze

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.


2015 ◽  
Vol 124 (4) ◽  
pp. 215-219
Author(s):  
Anna Kaczyńska ◽  
Katarzyna Broczek ◽  
Zofia Sienkiewicz ◽  
Joanna Gotlib

Abstract The article presents the role of government and non-government organisations in promoting knowledge on Alzheimer's disease in Poland and the European Union. There is a detailed analysis of the EU documents and non-government organisations in promoting knowledge on Alzheimer's disease in Germany, France and Holland. There is a discussion on the National Alzheimer's Plan on the basis of an example of introducing such a plan in Finland. Additionally, the rules of helping people suffering from Alzheimer's disease and their attendants in Poland are presented.


2020 ◽  
pp. 183-190
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.


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