Reaction to Discrimination by Judicial Mechanisms

2021 ◽  
pp. 127-197
Author(s):  
Emma Lantschner
Keyword(s):  
Legal Framework ◽  
Vulnerable Groups ◽  
Member States ◽  
Outcome Indicators ◽  
Effective Implementation ◽  
Legal Standing ◽  
Legal Challenges ◽  
Process And Outcome ◽  
Effective Level ◽  
Societal Level

Chapter 4 sets out to pool the results of more than fifteen years of implementation of those provisions of RED and EED that give interested organizations an important role in providing a more effective level of protection to victims of discrimination. The chapter comparatively assesses the legal standing of NGOs in discrimination disputes and to what extent Member States have introduced also collective forms of redress. It then carries out in-depth case studies on the implementation practice in Romania, Hungary, and Germany to understand which factors (legal framework or implementation practice) influence the success or failure of a system. The research finds that the positive results of NGO litigation at individual and societal level could not be achieved because of, but despite of the role played by state authorities. Legal challenges relate to limited legal standing, sometimes restricted to certain levels of jurisdiction or certain bodies, and the fact that collective redress is foreseen only in about half of the Member States. Even where legislation is permissive, practical challenges involve an insufficient territorial coverage with NGOs acting in support of victims of discrimination, lack of funding, lack of awareness among victims about being able to turn to NGOs, lack of referencing systems, and an increasingly hostile environment vis-à-vis NGOs working for vulnerable groups. On the basis of these findings, structural, process, and outcome indicators to monitor the effective implementation of the provisions giving a role to NGOs in judicial dispute resolution are deduced.

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

The Developmental Consequences for Asylum-seeking Children Living With the Prospect for Five Years or More of Enforced Return to Their Home Country

2009 ◽  
Vol 11 (1) ◽  
pp. 41-67 ◽  
Author(s):  
M.E. Kalverboer ◽  
A.E. Zijlstra ◽  
E.J. Knorth
Keyword(s):  
Home Country ◽  
Children's Rights ◽  
Legal Framework ◽  
European Countries ◽  
Children’S Rights ◽  
Positive Development ◽  
Member States ◽  
Developmental Risks ◽  
Western European ◽  
Legal Procedures

This study examines the European legal framework and policy on children’s rights and on the development and developmental risks of children from asylum-seeking families who have lived in asylum centres for over five years with the prospect of being forced to return to their home country. The legal procedures and practices of Member States in the Western European countries seem to be far too lengthy, and the standards for reception far too low to protect the children’s positive development.

scholarly journals CONTESTED LEGITIMACY AND THE AMBIGUOUS RISE OF VESTRIES IN EARLY MODERN LONDON

2011 ◽  
Vol 54 (1) ◽  
pp. 25-45 ◽  
Author(s):  
J. F. MERRITT
Keyword(s):  
Early Modern ◽  
State Formation ◽  
Legal Framework ◽  
Royal Commission ◽  
The Political ◽  
Religious Authority ◽  
Multiple Sources ◽  
Legal Challenges ◽  
Early Modern London

ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.

Factors impacting on effective implementation of land title registration – a perspective from Ghana

2020 ◽  
Vol 1 (2) ◽  
pp. 23-37
Author(s):  
Benjamin Armah Quaye
Keyword(s):  
Information Management ◽  
Developing Economies ◽  
Empirical Studies ◽  
Developed Countries ◽  
Legal Framework ◽  
Sub Saharan Africa ◽  
Resource Base ◽  
Registration System ◽  
Land Registration ◽  
Effective Implementation

Many governments across Sub Saharan Africa are in the process of introducing or improving land registration and formal titling systems. One of the stated aims is to achieve modern land information management in order to facilitate the development of the land market. It is often assumed that, because formal systems and institutions have enjoyed some positive outcomes in terms of realising wealth in developed countries, they will succeed equally well in developing economies. However, findings from empirical studies across several developing countries show that the performance of formal land registration systems has been mixed. Relying on empirical data from two major cities in Ghana, this paper examines the operations of land registration system with particular reference to its land information management aspects. The analysis shows that a divergence in the implementation of principles of the legal framework and organisational challenges are major contributory factors to deficiencies in the land information regime of the land registration system. Hence, there is a need for effective implementation of well-crafted and functional legal frameworks for land registration, to ensure that the principles and operations of land registration are locally relevant and sensitive. To address the inadequate organisational capacity there is a need to improve the capacity of the human resource base of the officials of the formal land administration sector. The procedure for land registration must also be streamlined in order to eliminate unnecessary requirements and thereby reduce the transaction time, costs of registration and frustration of clients.

A Comparative Study of International Maritime Conventions: Italian and Greek Perspectives

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Member States ◽  
Expert Analysis

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.

scholarly journals Challenges and Opportunities of the Establishment ASEAN Open Skies Policy

2019 ◽  
Vol 06 (03) ◽  
pp. 466-488
Author(s):  
Dodik Heriyanto ◽  
Yaries Putro
Keyword(s):  
Airline Industry ◽  
Free Market ◽  
Legal Framework ◽  
State Sovereignty ◽  
Aviation Industry ◽  
Member States ◽  
Asean Member ◽  
Challenges And Opportunities ◽  
Pros And Cons ◽  
Asean Member State

Open skies policy is a concept of free market of airline industry. It eliminates single government’s influence in regulation and management of aviation industry. As implemented by the ASEAN Single Aviation Market (ASEAN-SAM) per 2015, the open skies policy aims to increase regional connectivity and regional economic growth by permitting airline industries from each ASEAN member states to fly above the Southeast Asian region without any barriers or restrictions. This policy has raised pros and cons from each ASEAN member state. Indonesia and some other states are still reluctant to adopt the open skies policy. By entering into commercial agreement to open their airspace, each member states will challenge their state sovereignty over the airspace above a state’s territory. This study argues that regional open skies policy provides greater economic advantages for the consumers of airline industry. However, this policy does not parallel to the basic principles of ASEAN. State sovereignty must be preserved in the liberalization that open skies represents. ASEAN Way, though inflexible, assigns member states with full sovereignty, which does not limit open skies policy implementation. This study, then, proposed legal framework through model of regional agreement to compromise between the state sovereignty principles and the regional open skies policy.

scholarly journals Legal Standing of the Organization of Islamic Cooperation for Indonesian Migrant Workers

2020 ◽  
Vol 2 (1) ◽  
pp. 89-102
Author(s):  
Mellisa Towadi ◽  
Agustinus Supriyanto
Keyword(s):  
Research And Development ◽  
Migrant Workers ◽  
Member States ◽  
Employment Policies ◽  
Dissemination Research ◽  
Legal Standing ◽  
Education Training ◽  
Indirect Protection ◽  
Strong Capacity

This manuscript aims to analyze the extent to which the role, the tendency, the influence of the Organization of Islamic Cooperation (OIC) to protect Indonesian migrant workers in that member states. The analysis was carried out uses a juridical normative method, and resulted in that OIC to the protection of Indonesian migrant workers confirmed has a strong capacity to solve migrant workers' problems among its member states. In this case implementation of the employment policies issued by the OIC are a form of empowerment resources migrant workers through indirect protection (through education, training, dissemination, research, and development) that has prospects good enough for Indonesia to protect migrant workers although not significant.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

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