Restrained Integration of European Case Reports in Danish Legal Information Systems and Culture

2011 ◽  
Vol 80 (3) ◽  
pp. 279-294
Author(s):  
Henrik Palmer Olsen ◽  
Michael Gøtze
Keyword(s):  
Information System ◽  
Information Systems ◽  
Common Ground ◽  
Case Reports ◽  
Case Law ◽  
Court Decisions ◽  
Legal Information ◽  
European Court ◽  
Comprehensive Information ◽  
Relative Neglect

AbstractCourt decisions not only serve to end legal disputes between the parties to the case, but also serve as precedents. In that sense court decisions are a source of law. This is common ground as to both national and European court decisions. Noting the existence of a context in which Danish legal information systems only publish case reports very selectively, we argue that although decisions of the European courts, notably European Court of Justice and European Court of Human Rights, are available from the homepages of these courts (CURIA and HUDOC), the fact that these decisions are not part of an integrated dissemination of case reports in Denmark may diminish the regard for these decisions and lead to a relative neglect of European law to the detriment of legal certainty. The article proposes that one explanatory factor in this regard is that the main legal information system in Denmark is influenced by a legal culture which is still predominantly national in orientation. In order to promote awareness of European case law and to improve the quality of legal thinking and practice, we propose that significant parts of this case law should be published in a more suitable way by incorporating it into a comprehensive information system that integrates the promulgation of Danish and European case law.

scholarly journals “Regardless of their sex” or “biological differences”. An analysis of the European Court of Human Rights’ case law on women in prison

2020 ◽  
Vol 11 (2) ◽  
pp. 1275-1311 ◽  
Author(s):  
Sofia Ciuffoletti
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Incarcerated Women ◽  
Soft Law ◽  
Court Decisions ◽  
Relevant Issue ◽  
European Court ◽  
Women In Prison ◽  
Biological Differences ◽  
Critical Aspects

Abstract In recent years, a growing attention for the specificities of female detention has spurred the adoption of a consolidated corpus of international soft-law tools, as well as reports on the conditions of incarcerated women. This momentum has not been paralleled by court decisions focusing on gender as a key issue in determining potential violations to prisoners’ rights, neither at a domestic nor at an international level. The paper will explore the gap between said legislation and policies and their implementation, particularly focusing on the case law of the European Court of Human Rights. The perspective adopted by this Court in interpreting the gender specificities of women in prison seems to be uncritically grounded in the vulnerability paradigm and the protection of motherhood. We will attempt to decode this normative ideology and to read it in context, and in comparison with the consolidated case law of the Court on the legal notion of vulnerability in prison, as well as with its case law on gender topics and the prohibition of discrimination. The analysis will highlight the most critical aspects of the traditional interpretation of gender equality in prison, as well the need to reconsider gender as a relevant issue in the protection of prisoners’ rights.

scholarly journals Open Enforcement: New Approach of Ukraine

2020 ◽  
pp. 58-68
Keyword(s):  
Human Rights ◽  
Case Law ◽  
International Agreements ◽  
Court Decisions ◽  
Legal Doctrine ◽  
New Approach ◽  
National Legislation ◽  
European Court ◽  
The World ◽  
Court Proceedings

Open justice is one of the fundamental human rights guaranteed by international agreements, as well as by the national legislation of Ukraine. During the reform of justice, the provisions of procedural and judicial legislation have been substantially updated, in particular with regard to ensuring openness and transparency of court proceedings. At the same time, the legislation on enforcement of court decisions does not disclose the essence of these principles, which are enshrined in the relevant laws. Accordingly, the purpose of the article is to identify specific elements of the implementation of the principle of openness and transparency of the enforcement process based on the analysis of the legislation of Ukraine and other countries of the world, national legal doctrine and case law of the European Court of Human Rights.

scholarly journals A Judicial Review of the De Facto Detention of Foreigners in Turkey

2020 ◽  
Vol 10 (2) ◽  
pp. 143-153
Author(s):  
Gamze Ovacik
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Case Law ◽  
Legal Framework ◽  
Court Decisions ◽  
Administrative Practices ◽  
The Rule Of Law ◽  
European Court ◽  
Domestic Law

The term, de facto detention, refers to instances in which foreigners are held or deprived of their liberty usually with a view to preventing their entry into a country or expelling them from a country, but without implementing a legally prescribed detention regime that satisfies the criteria of the rule of law. The first type of de facto detention occurs when provisions regulating detention are absent or deficient in the legal framework. The second type takes place when domestic law sufficiently regulates detention regimes; however, the law is not duly implemented in practice. This article examines judicial practices in Turkey in both categories of de facto detention, analysing 37 Turkish court decisions with supporting case law from the European Court of Human Rights. Focusing on case law makes it possible both to track deficiencies in administrative practices and to analyse judicial response as a tool for rectifying unlawful administrative practices.

A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law'

2010 ◽  
Vol 35 (3) ◽  
pp. 293-305
Author(s):  
Norel Neagu
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Case Law ◽  
First Century ◽  
European Court Of Justice ◽  
Court Decisions ◽  
Strict Interpretation ◽  
Court Of Justice ◽  
European Court ◽  
Supreme Court Decisions

AbstractThis article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian Court to follow in light of the requirements of the twenty-first century.

scholarly journals Evaluating Information System Success and Impact on Sustainability Practices: A Survey and a Case Study of Regional Mesonet Information Systems

2021 ◽  
Vol 13 (13) ◽  
pp. 7260
Author(s):  
Qing (Ray) Cao ◽  
Andrew N. K. Chen ◽  
Bradley T. Ewing ◽  
Mark A. Thompson
Keyword(s):  
Information System ◽  
Information Systems ◽  
Environmental Sustainability ◽  
Information System Success ◽  
Comprehensive Information ◽  
Information And Communication ◽  
Role Of Information ◽  
Advance Knowledge

This study examines the role of information systems (IS) on environmental sustainability by gaining an understanding of how benefits may be realized from using IS in a green context (a particular IS, regional mesonet (RM) equipped with information- and communication-based technologies and a comprehensive information system) through the use of duel approaches: a survey (214 respondents) and a case study (six interviews of stakeholders of a RM). Our results provide evidence how IS use contributes to different goals at different levels of sustainability and advance knowledge of utilizing IS for providing actual as well as anticipated benefits to sustainability. In addition, our findings provide suggestions on how successful IS might be used to further induce actions and advance goals of environmental sustainability that can contribute to energy policy-making.

Openlaws.eu

2017 ◽  
pp. 173-190 ◽  
Author(s):  
Thomas J. Lampoltshammer ◽  
Andres Guadamuz ◽  
Clemens Wass ◽  
Thomas Heistracher
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Court Decisions ◽  
Legal Information ◽  
Legal Norms ◽  
Open Framework ◽  
Fundamental Building Block ◽  
Legal Literature ◽  
Legal Texts ◽  
Public Decision

Legal texts represent a fundamental building block in all democratic states. As such, legal information must be accessible to all members of society to the widest possible extent, to aid inclusiveness and to enable participation in public decision-making. In recognition of this, the EU and its Member States work to make laws, court decisions, etc. publicly available online. The sheer mass of legal norms, instruments, and interpretations in court decisions, commentaries and other sources, makes it increasingly difficult for citizens, civil society, businesses, and all involved stakeholders in legal practices to locate the relevant law. The challenge is to interlink local legal information and to have structures in place to enrich this information through aggregation and mass customization. The technological possibilities to achieve this goal do exist. The European project openlaws.eu aims for initiating a platform and to develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.

scholarly journals Design and Development of Information Systems for the Geosciences: An Application to the Middle East

GeoArabia ◽  
2000 ◽  
Vol 5 (2) ◽  
pp. 269-296
Author(s):  
Dogan Seber ◽  
David Steer ◽  
Eric Sandvol ◽  
Christine Sandvol ◽  
Carrie Brindisi ◽  
...  
Keyword(s):  
Information System ◽  
Information Systems ◽  
Middle East ◽  
Solid Earth ◽  
Large Data ◽  
Complex Nature ◽  
Data Sets ◽  
Earth System ◽  
Novel Approach ◽  
Comprehensive Information

ABSTRACT As our understanding grows of how the Earth functions as a complex system of myriad interrelated mechanisms, it becomes clear that a revolutionary and novel approach is needed to study and understand it. In order to take advantage of an ever-growing number of observations and large data sets and to employ them efficiently in multidisciplinary studies aimed at solving earth system science problems, we are developing a comprehensive Solid Earth Information System (SEIS). The complex nature of the solid earth sciences raises serious challenges for geoscientists in their quest to understand the nature and the dynamic mechanisms at work in the planet. SEIS forms a first step in developing a broader and more comprehensive information system for earth system sciences designed for the needs of the geoscientists of the 21st century. In a way, SEIS is a step towards the Digital Earth. Application of SEIS to the complex tectonics of the Middle East shows that information systems are crucial in multidisciplinary research studies and open new avenues in research efforts. SEIS includes an Internet module that provides open access to anyone interested. Researchers as well as educators and students can access this knowledge and information system at http://atlas.geo.cornell.edu.

PERANCANGAN SISTEM INFORMASI MANAJEMEN KEUANGAN DI AMIK GARUT

2020 ◽  
Vol 2 (2) ◽  
pp. 128-143
Author(s):  
Tedi Budiman
Keyword(s):  
Information System ◽  
Information Systems ◽  
Financial Management ◽  
Financial Information ◽  
Financial Problems ◽  
Technological Advances ◽  
Design Program ◽  
Or Groups ◽  
The Cost ◽  
Financial Information Systems

Financial information system is an information system that provides information to individuals or groups of people, both inside and outside the company that contains financial problems and information about the flow of money for users in the company. Financial information systems are used to solve financial problems in a company, by meeting three financial principles: fast, safe, and inexpensive.Quick principle, the intention is that financial information systems must be able to provide the required data on time and can meet the needs. The Safe Principle means that the financial information system must be prepared with consideration of internal controls so that company assets are maintained. The Principle of Inexpensive, the intention is that the cost of implementing a financial information system must be reduced so that it is relatively inexpensive.Therefore we need technology media that can solve financial problems, and produce financial information to related parties quickly, safely and cheaply. One example of developing information technology today is computer technology and internet. Starting from financial problems and technological advances, the authors make a website-based financial management application to facilitate the parties that perform financial management and supervision.Method of development application program is used Waterfall method, with the following stages: Software Requirement Analysis, Software Design, Program Code Making, Testing, Support, Maintenance.

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