Children and the Immigration System

2020 ◽  
pp. 108-145
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Case Law ◽  
Family Reunification ◽  
Criminal Offence ◽  
Unaccompanied Minors ◽  
Immigration Detention ◽  
System P

This chapter focuses on children and the immigration system. It considers the separation of children and their parents in three contexts: deportation of parents without a right to reside; expulsion of a parent following the commission of a criminal offence; and expulsion of a child following the commission of a criminal offence. It then goes on to analyse the case law on family reunification and the obligation on states to allow children to enter a state where their family is currently residing. Finally, it examines the situation of children in immigration detention—both as unaccompanied minors and where they have been detained with their parents.

scholarly journals GUARANTEE OF THE RIGHT TO SILENCE AND OF THE RIGHT NOT TO CONTRIBUTE TO ONE’S OWN INCRIMINATION IN ROMANIAN CRIMINAL PROCEDURE LAW

2018 ◽  
Vol 2 (83) ◽  
pp. 25
Author(s):  
Carmen Adriana Domocos
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Fair Trial ◽  
European Court Of Justice ◽  
European Convention ◽  
Criminal Offence ◽  
Court Of Justice ◽  
European Court ◽  
Right To Silence ◽  
The Right

The Romanian legislation establishes in the new penal procedure law the right to silence and the right of non-incrimination of the defendant in the criminal trial.The right to silence (to remain silent) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention on Human Rights, according to which judicial authorities cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect or a defendant to make statements, while having, however, a limited power to draw conclusions against them, from their refusal to make statements.Therefore, the right to silence involves not only the right not to testify against oneself, but also the right of the suspect or defendant not to incriminate oneself. The suspect or defendant cannot be compelled to assist in the production of evidence and cannot be sanctioned for failing to provide certain documents or other evidence. Obligation to testify against personal will, under the constraint of a fine or any other form of coercion constitutes an interference with the negative aspect of the right to freedom of expression which must be necessary in a democratic Romanian society.The right not to contribute to one’s own incrimination (the privilege against self-incrimination) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention, according to which judicial bodies or any other state authority cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect, a defendant or a witness to cooperate by providing evidence which might incriminate him or which could constitute the basis for a new criminal charge. It is essential to clarify certain issues as far as this right is concerned.

Urážka prezidenta republiky v meziválečném období

2021 ◽  
Author(s):  
Daniel Kadlec
Keyword(s):  
Interwar Period ◽  
Case Law ◽  
Criminal Offence ◽  
Head Of State ◽  
The Republic

The article deals with the § 11 of the Act of the Protection of the Republic, which in the interwar period regulated the criminal offence of the Defamation of President of the Republic. The article discusses the origin and historical sequence of the crime of the Defamation of the Head of State. In the article, the author explains, with the help of case law, some terms from the text of § 11 of the Act of the Protection of the Republic, as well as the meaning of individual paragraphs or facts as a whole. In the article author presents a few very specific cases he found in the collections of the Moravian Provincial Archive.

The Pan-European General Principles of Good Administration in the Italian Legal System

2020 ◽  
pp. 182-209
Author(s):  
Marco Macchia ◽  
Claudia Figliolia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Court ◽  
System P ◽  
Low Degree ◽  
Court Proceedings ◽  
The Impact ◽  
Constitutional Jurisprudence

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally in line with these principles. The case law of the European Court of Human Rights has played a particularly strong role in national administrative law (especially in the context of administrative sanctioning and lengthy court proceedings). At the same time, some limitations to full reception of the said principles remain, the most notable of them being the resistance of constitutional jurisprudence to give ‘generalized’ execution to the pan-European principles and the low degree of recognition of the importance of the Council of Europe’s recommendations and conventions (other than the ECHR) for the development of these principles in national administrative law. The chapter concludes by stressing the (sometimes) contradictory nature of Italy’s acknowledgement of the pan-European scope of these principles.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

scholarly journals Certainty and Ascertainability of Criminal Law after the Pitcairn trials

2008 ◽  
Vol 39 (4) ◽  
pp. 659
Author(s):  
Fran Wright
Keyword(s):  
At Risk ◽  
Criminal Law ◽  
Case Law ◽  
Access To Information ◽  
Criminal Offence ◽  
Sexual Offences ◽  
Limited Access ◽  
Legal Advice ◽  
Important Principle ◽  
Not At Risk

According to the certainty principle, someone should not be charged with or convicted of a criminal offence that they did not and could not have known existed. This article considers this principle in light of the trial of seven Pitcairn Islanders for offences under the English Sexual Offences Act 1956. The islanders were unaware of the terms of the Act and had very limited access to information about criminal law. Their claim that the prosecutions were an abuse of process failed because they had indirect access to legal advice and also must have known that their conduct was criminal. The article argues that the reasons given for upholding the convictions were inadequate. Criminal law on Pitcairn was uncertain. However, uncertain law is not always unenforceable. Courts have to balance the interests of defendants with those of victims. Certainty is an important principle but it is not a rigid and inflexible requirement. Case law suggests that there is a defence based on uncertainty only if the existence of an offence was not predictable and the offence lacks a fault element. In other cases, a defendant can be said to have fair notice and is not at risk of being convicted in the absence of subjective fault.

scholarly journals ABANDONED AND FORGOTTEN? VIOLENT DEATHS OF PREVIOUSLY ABUSED FEMALE VICTIMS IN CROATIA

2021 ◽  
Vol 37 (3-4) ◽  
pp. 7-30
Author(s):  
Dalida Rittossa ◽  
Marissabell Škorić
Keyword(s):  
Case Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
Lethal Outcome ◽  
Female Victims ◽  
The Supreme Court ◽  
Depth Study ◽  
The Republic ◽  
The Relationship ◽  
Clear Line

The paper is divided into two parts to facilitate a clearer understanding of different aspects of the violent death of previously abused female victims. The first part offers a brief overview of the most recent phenomenological conclusions on violence ending in death and explains the need to focus on gender differences in homicide victimisation. A bulk of research has confirmed that most women are more vulnerable to homicide within home and that the lethal outcome is an escalation of previously experienced abuse. In order to contribute to a more in-depth study of female intimate homicides, the authors focus on a variety of definitions and draw a clear line between the term femicide and the aggravated murder of a closely related person. In the second part of the paper, the authors have analysed the case-law of the Supreme Court of the Republic of Croatia in which the perpetrators were found guilty of the criminal offence of aggravated murder of a closely related person (Art. 111, Para. 3 of the Criminal Code) in the period from 1 January 2013 to 1 June 2020. The research primarily focused on the circumstance of previous abuse, especially on the relationship between the victim and the perpetrator, the duration and frequency of abuse, and the reaction of the environment and competent authorities in cases where they knew about the abuse or when it was reported.

Part Two Rights, 6 Social Rights

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
Healthcare System ◽  
Economic Crisis ◽  
Large Scale ◽  
Case Law ◽  
Civil Servants ◽  
Social Rights ◽  
Constitutional Court ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
System P

This chapter looks at the Court’s extensive jurisprudence on social rights. The Colombian Constitution of 1991 contains a long list of social rights, however it was initially unclear to what extent they were justiciable. The Constitutional Court quickly established that they could be litigated in many circumstances, and has since developed case law reaching across many different domains. This chapter considers, for example, the Court interventions in the rights to health, housing, and water. It also reviews the Court’s response to the economic crisis of the late 1990s, in which it weighed the need for austerity against the rights of homeowners and civil servants. Finally, it looks at the Court’s major structural injunctions and ongoing supervision on certain large-scale public problems, including the rights of internally displaced persons and the structure of the healthcare system.

Russia

2018 ◽  
Author(s):  
Dmitri Bartenev ◽  
Ekaterina Evdokimova
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Persons With Disabilities ◽  
System P ◽  
Critical Insight ◽  
Principles And Standards ◽  
Legal Concepts ◽  
The Impact ◽  
Insight Into

This chapter analyses how Russian courts have approached principles and standards of the Convention on the Rights of Persons with Disabilities (CRPD) since its ratification by Russia in 2012. Given the monist features of the Russian legal system, the Convention has been used in a relatively large number of judgments. In the majority of cases the CRPD has been used only to reinforce the standards already provided by domestic laws. In a few cases, however, judges interpreted the Convention provisions to establish new legal concepts or to apply progressively Russian laws concerning human rights of people with disabilities. The chapter provides a critical insight into different ways of interpreting (or failing to interpret) CRPD provisions used by Russian courts and it concludes that the impact of the CRPD on case law has so far been limited despite its implementation in the Russian legal system.

A Bird’s Eye View on ECJ Judgments on Immigration, Asylum and Border Control Cases

2019 ◽  
Vol 21 (2) ◽  
pp. 166-193 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Family Reunification ◽  
Border Control ◽  
Statutory Interpretation ◽  
Domestic Courts ◽  
Principle Of Proportionality ◽  
Statistical Survey ◽  
Migration Law

Abstract Many experts of EU migration law deal with ECJ judgments on a regular basis, but they rarely reflect on how individual rulings on diverse themes such as asylum, family reunification or return relate to each other. This article fills that gap and presents a horizontal analysis of 155 judgments combining quantitative and qualitative findings. Our statistical survey shows that selected themes and references from certain countries dominate the ECJ’s activities. In qualitative terms, the article considers three overarching themes: the concept of public policy; the practice of statutory interpretation, including in light of objectives: the principle of proportionality and interaction with domestic courts. Our study shows that the search for cross-sectoral coherence defines much of the case law, although success of this venture is compromised by enduring inconsistencies, which complicate the emergence of a reliable and predictable judicial approach towards the interpretation of secondary legislation on migration.

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