Court ruling on key law is inconvenient for Jokowi

Subject Amnesty law implications. Significance On July 13, the Supreme Court declared unconstitutional a civil-war amnesty law, which has been in force since 1993. This has led to fears of investigations against current politicians, and warnings that political stability could be undermined. Impacts The fall-out from the Supreme Court ruling will place a renewed focus on the independence of El Salvador's judiciary. The fact that both main parties are involved may discourage politicians from engaging in tit-for-tat allegations. There will be considerable military pressure on ARENA to oppose reopening civil-war cases.

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Romanian leaders will go further against rule of law

Emerald Expert Briefings ◽

10.1108/oxan-db236068 ◽

2018 ◽

Keyword(s):

Rule Of Law ◽

Justice System ◽

Political Elite ◽

Economic Damage ◽

Communist Country ◽

Constitutional Court ◽

Court Ruling ◽

Content Type ◽

The Rule Of Law ◽

Political Interference

Significance Iohannis had resisted Justice Minister Toader Tudorel’s request to remove Kovesi, the head of the National Anti-Corruption Directorate (DNA), but was undercut by a Constitutional Court ruling that he could only refuse on procedural grounds. A 15-year effort to remove the justice system from political interference is drawing to a close, making it far harder to subject the political elite to the rule of law. Impacts Romania may find it hard to avoid economic damage from the assault on the rule of law. The steep reverse in Europeanising this post-communist country will not easily be undone. Romania’s slide into being an illiberal and kleptocratic EU member will increase doubts about admitting similar applicant states.

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Colombia court ruling will help extractives sector

Emerald Expert Briefings ◽

10.1108/oxan-db239466 ◽

2018 ◽

Keyword(s):

Veto Power ◽

Environmental Concerns ◽

Constitutional Court ◽

Court Ruling ◽

Armed Groups ◽

Social Unrest ◽

Content Type ◽

Gold Mines ◽

Local Municipalities ◽

Alternative Means

Subject Mining referenda. Significance The Constitutional Court on October 11 ruled that popular consultations held by local municipalities or regions do not have veto power. This ruling is important as a series of popular consultations since 2016 have voted to suspend or cancel extractives projects, concerning both current and potential investors. The new ruling should provide greater stability for such projects but is likely to spark renewed frustration in the most affected regions. Impacts The ruling may encourage more companies to invest in the extractives sector, with positive implications for economic activity. Social unrest around extractives projects may increase with the removal of an electoral outlet for popular opposition. Environmental activism may increase with mining opponents using environmental concerns as an alternative means of halting projects. Non-state armed groups will present a continuing threat of violence and extortion for mining firms, particularly those with gold mines.

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Kenya court ruling sets stage for new controversies

Emerald Expert Briefings ◽

10.1108/oxan-db224191 ◽

2017 ◽

Keyword(s):

Decision Making ◽

Government Policy ◽

Presidential Election ◽

Court Ruling ◽

Foreign Investments ◽

Public Funds ◽

Content Type ◽

The Law ◽

Business As Usual

Significance The unprecedented move overturned President Uhuru Kenyatta’s apparently comfortable victory over Raila Odinga by 54.2% of the vote to 44.7%. The court ruled on the basis of what it said was a failure of the Independent Electoral and Boundaries Commission (IEBC) to follow the law in the transmission of the results. The court has 21 days to release a final judgment giving a detailed justification, while the IEBC must hold a fresh presidential election within 60 days. Impacts Further use of public funds for the election will exacerbate fiscal strains for the next presidency. Delays to government policy and decision-making will slow domestic and foreign investments. Although unlikely, an Odinga presidency could introduce less business-as-usual policies towards large investors.

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