The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)

10.12737/2241 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 68-79
Author(s):  
Олег Шерстобоев ◽  
Oleg Sherstoboev
Keyword(s):  
Public Administration ◽  
Point Of View ◽  
Theoretical Point ◽  
Complete Model ◽  
Foreign Nationals ◽  
Legal Norms ◽  
European Court ◽  
The Usa ◽  
The Right ◽  
Judicial Protection

Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals Perspectiva constitucional de las garantías de aplicación de la Inteligencia Artificial: la ineludible protección de los derechos fundamentales.

2020 ◽  
Vol 6 (2) ◽  
pp. 72-82
Author(s):  
Jorge Castellanos Claramunt ◽  
María Dolores Montero Caro
Keyword(s):  
Artificial Intelligence ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decisions ◽  
Spanish Constitution ◽  
The Right ◽  
Judicial Protection

Artificial Intelligence has an undeniable effect on today’s society, so its study regarding its legal effects becomes necessary. And consequently, how fundamental rights are affected is of particular importance. Hence, the present paper studies the influence of algorithms in determining judicial decisions, especially from the point of view of how this issue would affect the right to effective judicial protection, recognized as a fundamental right in article 24 of the Spanish Constitution.

scholarly journals An Analysis of the Skill Shortage Problems in Indian IT Companies

2018 ◽  
Vol 7 (9) ◽  
pp. 159
Author(s):  
Suchandra Paul
Keyword(s):  
Social Issue ◽  
Final Section ◽  
Point Of View ◽  
Theoretical Point ◽  
Skills Shortage ◽  
Depth Analysis ◽  
The Right ◽  
Skill Shortages

Skill shortage is a crucial social issue which needs to be analyzed thoroughly in any organization. In this paper, the problems related to the skill shortage are analyzed and possible solutions are provided to deal with the problem of skill shortages effectively. This paper will facilitate in helping the organization to find the right talent for the organization thus removing or decreasing the problem of skill shortages. The paper begins with the importance of skills shortage from a theoretical point of view. The problems associated are highlighted and analyzed. The factors which are an integral part of skill shortages are elaborated. Also, an in-depth analysis is carried out by considering the organizations, Tata Consultancy Services and Infosys as a case study. In the final section, various solutions and approaches are laid down to tackle the problems incorporated with skill shortages.

scholarly journals Plain Language in Law in Hungary

2019 ◽  
Vol 11 (3) ◽  
pp. 93-104
Author(s):  
Edina Vinnai
Keyword(s):  
Plain Language ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legal Professionals ◽  
Eu Directive ◽  
Before And After ◽  
The Usa ◽  
Right To Information ◽  
Police Interrogations ◽  
The Right

AbstractPlain language movement has a long history and has achieved significant changes in the USA and in many European countries. However, the situation is not as good as that in Hungary, especially in the field of law. As a researcher in two empirical “law and language” projects in Hungary since 2000, the author presents her experiences gained during preparing and analysing tape recordings of police interrogations and court hearings as regards comprehension of legal language. The paper focuses especially on the understandability of providing information on the rights and obligations of laymen in legal procedures given by legal professionals. It also summarizes the recent changes in Hungarian legal regulations providing a better understanding of rights and obligations (partly based on the 2012/13/ EU Directive on the right to information in criminal proceedings). As regards the practice of adjudication, the paper compares the way of providing information to laymen before and after the modification of legal norms. Two positive examples can be mentioned: (1) a few years ago, a group of legal and linguistic experts prepared a so-called Stylebook with recommendations to improve the structure and wordings of court verdicts, and (2) within the framework of a project called The Year of Comprehensibility at Courts, 2017 the improvement of comprehensible communication was integrated into an obligatory training for judges.

scholarly journals THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)

2021 ◽  
Vol 74 (11) ◽  
pp. 3108-3112
Author(s):  
Nataliia M. Akhtyrska ◽  
Yuriy V. Grodetskiy
Keyword(s):  
Law Enforcement ◽  
Personal Autonomy ◽  
Legal Regulation ◽  
Point Of View ◽  
Human Right ◽  
European Court ◽  
Logical Method ◽  
Legislative Support ◽  
The Right ◽  
Method Analysis

The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.

The right to the protection of religious feelings versus freedom of expression in the light of the Constitution of the Republic of Poland and the European Convention on Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 58-83
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
A Value ◽  
European Court ◽  
The Republic ◽  
The Right

This article concerns the right to the protection of religious feelings as a value which justifies a restriction of freedom of expression. The right to the protection of religious feelings can be protected by three methods: civil, penal and administrative. The issue is discussed from the point of view of the Constitution of the Republic of Poland and the European Convention on Human Rights, with particular emphasis on the case-law of the Polish Constitutional Court and the European Court of Human Rights in Strasbourg.

EXISTENCE AND POSITIVITY RESULTS FOR THE φ−θ AND A MODIFIED k−ε TWO-EQUATIONTURBULENCE MODELS

1993 ◽  
Vol 03 (02) ◽  
pp. 195-215 ◽  
Author(s):  
ROGER LEWANDOWSKI ◽  
BIJAN MOHAMMADI
Keyword(s):  
Numerical Analysis ◽  
Turbulence Model ◽  
Eddy Viscosity ◽  
Equation Model ◽  
Point Of View ◽  
Complete Model ◽  
Change Of Variables ◽  
Nonlinear Viscosity ◽  
The Right ◽  
The Impact

In this work, we consider the k−ε two-equation turbulence model from the point of view of mathematical and numerical analysis. We introduce a new equivalent two-equation model based on a new set of variables. In the first part, we study this model with a constant eddy viscosity. In this model, the coupling between the equations is done only through the right-hand side. In the second part, we consider the complete model with a nonlinear viscosity. Finally, the impact of this new change of variables on the numerical computations with the k−ε model is shown and a robust algorithm which preserves the positivity of the variables is given.

THE CONTRIBUTION OF THE EUROPEAN COURT OF JUSTICE TO THE AREA OF FREEDOM, SECURITY AND JUSTICE

2010 ◽  
Vol 59 (2) ◽  
pp. 255-301 ◽  
Author(s):  
Koen Lenaerts
Keyword(s):  
Fundamental Rights ◽  
Judicial Cooperation ◽  
Present Contribution ◽  
Treaty Of Lisbon ◽  
European Court ◽  
The One ◽  
Judicial Procedure ◽  
The Right ◽  
Criminal Matters ◽  
Judicial Protection

ABSTRACTThe aim of this article is to provide an overview of the European Court of Justice's (‘ECJ’) past and present contribution— both procedurally and substantively—to the Area of Freedom, Security and Justice. While it is too early to speculate what the ECJ's contribution to this area will be under the provisions of the Treaty of Lisbon, which entered into force on 1 December 2009, the latter's modifications to the ECJ's jurisdiction merit close attention. After describing how the procedural limitations that were imposed on the ECJ's jurisdiction by ex Title IV of Part Three of the EC Treaty and by ex Title VI of the old EU Treaty have been almost entirely eliminated by the Treaty of Lisbon, this article posits that not only does the latter Treaty improve significantly the judicial protection of private individuals, but it also facilitates the dialogue between the Union and the national judiciaries in the Area of Freedom, Security and Justice. Next, the article briefly explores the special ECJ procedures which may be followed in the Area of Freedom, Security and Justice in cases where time is of the essence. There, it is argued that, when having recourse to these procedures, the ECJ strives to strike the right balance between, on the one hand, swift judging and, on the other hand, the preservation of a qualitative and fair judicial procedure. As to substantive issues, drawing on examples from the fields of judicial cooperation in civil matters, asylum and judicial cooperation in criminal matters, it is argued that the ECJ's contribution to this area is largely grounded in the protection of fundamental rights. Finally, a brief conclusion supports the contention that the ECJ's contribution to the Area of Freedom, Security and Justice has favoured a ‘mutual borrowing’ of concepts and principles as between this area and other fields in relation to which the EU has competences, such as the internal market and competition. The Treaty of Lisbon having entered into force, an unprecedented level of coordination between different areas of EU law on both the procedural and substantive levels is to take place. Respect for fundamental rights will definitely be a unifying factor binding them all together.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals The Problem of Defining Local Self-Government as a Key Actor of a Unified System of Public Power and Admininstration (Analysis of the Problem Field)

2022 ◽  
pp. 17-32
Author(s):  
R. M. Vulfovich
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Point Of View ◽  
Public Power ◽  
Complex Processes ◽  
Fundamental Goal ◽  
The Russian Federation ◽  
The Difference ◽  
The Right ◽  
High Level

The analysis of the problem field is a serious problem from the methodological and methodical point of view. The solution of this problem becomes particularly difficult in cases when the object under study is characterized by a high level of structural and process diversity, has a dynamic character, i. e. it is constantly evolving, and exists in many variants with the presence of the invariant enshrined in international acts and legislation of most states. The end of the last century was a period of rethinking of many concepts that define the complex processes of political and social interaction of various levels and elements of the system of power and public administration in Russia. The adoption of the Constitution of the Russian Federation in 1993 put forward fundamental problems that needed to be solved to move the country along the path of democratization, build a market economy and form an effective governing system. Article 12 of the first chapter establishes the autonomy of local self-government as an institution, guarantees its protection from excessive state influence. This provision reflects the global trend of consolidating the right to local self-government in democratic states. However, the European Charter of Local Self-Government includes a provision on the independence of local self-government in resolving issues of local significance only within the framework of state legislation, i. e. it establishes its subordinate nature. The latter provision automatically makes local self-government part of the unified system of public power and public administration, which is reflected in the corresponding amendment to Ch. 8 of the Constitution of the Russian Federation “Local self-government” in 2020. This makes t relevant he problem of the local authorities ‘ own powers, the division of functions between them and state authorities to achieve the fundamental goal of the modern state — to ensure an optimal uniform quality of life throughout the territory. The purpose of the article is to characterize the problem field in which the concepts of “public power” and “public administration” are defined and analysed in the context of considering local self-government as a key actor of both systems. The objectives of the research are to determine the boundaries of this problem field, its structure, as well as the difference in approaches to this problem in the works of Russian and foreign authors, including scientists from Central Asian countries.

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