scholarly journals Libellus in a Briefer Process

2021 ◽  
Vol 31 (4) ◽  
pp. 105-114
Author(s):  
Grzegorz Leszczyński
Keyword(s):  
Pope Francis ◽  
Recent Reform ◽  
The Right

Briefer process, which in my opinion has become the most inventive establishment in the recent reform made by the Pope Francis, is believed to be at the same time the biggest challenge for Ecclesiastical Tribunal. There are two main and basic conditions that need to be met in order to make this situation happen, namely both spouses are in agreement to file for divorce, so the divorce petition was reported by both of them or by only one, but with another spouse’s consent. Second basic condition is that all events and cases reported, considering facts or people, are advocated by testimony or documents and do not need to be explained and checked, so therefore they clearly indicate the nullity of marriage. Every process for nullity of marriage, no matter the form, begins with the presentation of the petition. Judge cannot familiarize with the case, until the request is not presented. Invariably, the right to complain about marriage have both spouses and the Promotor of Justice in some cases.

scholarly journals Dominion and Stewardship

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 132-135 ◽  
Author(s):  
Dinah Shelton
Keyword(s):  
Ecological Crisis ◽  
Christian Tradition ◽  
Pope Francis ◽  
Beneficial Use ◽  
Human Power ◽  
Biblical Texts ◽  
The Right

The Encyclical Letter of Pope Francis centers on an interpretation of Biblical texts that establishes human power over other creatures and the right to beneficial use of them, imposing a type of guardianship or a trust, not a right of ownership. The Pope emphasizes that message he presents is intended to be a universal one, not limited to all Catholics or even all Christians, but to “every person living on this planet.” The encyclical begins by reviewing several aspects of the present ecological crisis, then considers some principles drawn from the Judaeo-Christian tradition which can render commitment to the environment more coherent.

Remote Participation in Criminal Proceedings: Does the Reformed Italian Regulation Represent an Application Extension Able to Conflict with the Right to a Fair Trial?

2019 ◽  
Vol 9 (2) ◽  
pp. 187-201
Author(s):  
Giulia Angiolini
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Italian Law ◽  
European Court ◽  
Recent Reform ◽  
The Right ◽  
Remote Participation

The purpose of this paper is to try to analyse the Italian regulation of accused persons’ remote participation in criminal proceedings. The interest in this matter arises from the suspected frictions of the provisions at hand with fundamental rights to be guaranteed for a fair trial. These suspicions, aroused right after the introduction of the institute in Italian law, have been increased by the recent reform of the discipline of remote participation, and they become even clearer after a comparison of Italian regulation with those of other European Countries. Hence, an inescapable question occurs: will the European Court of Human Rights and the Italian Constitutional Court save the new regulation as they did with the previous one?

Hedge funds and the new regulatory agenda

Legal Studies ◽  
2007 ◽  
Vol 27 (4) ◽  
pp. 709-739 ◽  
Author(s):  
Harry McVea
Keyword(s):  
Hedge Funds ◽  
Financial Services ◽  
Hedge Fund ◽  
Financial System ◽  
Market Failures ◽  
Private Interests ◽  
Regulatory Strategy ◽  
Recent Reform ◽  
The Stability ◽  
The Right

Regulatory interest in ‘hedge funds’ has intensified in the wake of the collapse of the Long-Term Capital Management (LTCM) hedge fund, and the growing retailisation of the sector through vehicles such as ‘fund of funds’ hedge funds. Though recognised by the Financial Services Authority (FSA) as playing an important role in the financial system, the hedge fund sector continues to pose formidable regulatory challenges. In particular, there is a real possibility that hedge funds and ‘prime brokers’ will increase their risk profiles, thus threatening not only their own solvency but, more importantly, the stability of the financial system more generally. Similarly, there exist problems surrounding issues such as asset valuations and side letters which raise heightened fears about conflict of interest abuse and investor protection. While any attempt by the FSA to subject the sector to closer regulatory scrutiny needs to be sufficiently robust to ensure that the above regulatory concerns are adequately addressed, any measures adopted must not be so heavy handed as to drive lucrative hedge fund business further offshore to less heavily regulated centres. In striking the right balance, a further complication is that of ‘moral hazard’– to the extent that the FSA seeks to tighten its grip on the hedge fund sector through more exacting regulation and oversight, there is the worry that such moves will encourage investors and financial market operators to take less care over their investment decisions. Although it is clear that prime brokers and other market counterparties have very real incentives to engage in private supervision of the hedge funds with which they deal, given the presence of significant market failures there is a danger that the private interests of these entities will not always be fully aligned with the public good. I argue that the FSA’s reliance on private interests and incentives to regulate an industry, the collapse of which could have serious public consequences, is an understandable yet ultimately deficient form of regulatory strategy. It is understandable because of the obvious limitations of the FSA’s scope for unilateral action. Yet it is deficient because the FSA must do more to challenge the complacency of the current international regulatory consensus – one that the FSA has helped shape, and one that its recent reform measures are part. This challenge would, at the very least, require minimum standardised disclosure requirements to be imposed on hedge funds, and for the full risks that these funds take to be fairly reflected in the cushion of capital that they are required to maintain, as well as the ‘margin requirements’ and ‘risk management’ systems they are required to adopt. These reforms would, if instituted at the international level, represent an important first step in helping to ‘bring to heel’ an industry which has assumed for far too long that it is a law unto itself.

scholarly journals Developing an Efficient and Effective Social Security Adjudication Framework in South Africa

2015 ◽  
Vol 1 (1) ◽  
pp. 59-89
Author(s):  
Mathias Nyenti
Keyword(s):  
South Africa ◽  
Social Security ◽  
South African ◽  
Social Security System ◽  
Security System ◽  
Policy Framework ◽  
Access To Justice ◽  
Recent Reform ◽  
Guidelines And Standards ◽  
The Right

South Africa is currently developing an overarching policy framework for effi-cient and effective resolution of social security disputes as part of reforms towards the establishment of a comprehensive social security system. In the development of the policy, international and regional guidelines and standards on access to justice were instrumental as they are benchmarks on the scope and content of the right of access to courts for social security claimants and the State’s obligations in this regard. This article outlines some international guidelines and standards relevant to the realisation of access to justice for social security claimants; and their role in recent reform initiatives that have been undertaken to promote access to justice in the South African social security system.

scholarly journals Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform

2002 ◽  
Vol 51 (4) ◽  
pp. 781-815 ◽  
Author(s):  
Jacqueline Hodgson
Keyword(s):  
Criminal Justice ◽  
Hierarchical Control ◽  
Presumption Of Innocence ◽  
Proper Treatment ◽  
Home Office ◽  
Criminal Process ◽  
Wide Range ◽  
Right To Silence ◽  
Recent Reform ◽  
The Right

The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.

scholarly journals Theological Icons of the Virgin Mary in the Teachings of Pope Francis

2021 ◽  
Vol 68 (2) ◽  
pp. 133-150
Author(s):  
Anton Adam
Keyword(s):  
Human Nature ◽  
Catholic Church ◽  
Virgin Mary ◽  
Pope Francis ◽  
History Of ◽  
The Right ◽  
The Catholic Church

At the center of the world’s attention is man as a being who is called to complete his life in communion with God. To fulfill this purpose, after the fall of the first people, God sends his Son, who received human nature from his mother—the Virgin Mary. The motherhood of Jesus‘ mother is the reason for taking the right attitude toward the woman through whom we received the Creator of life. It is rightly spoken of the Marian veneration, which is shown by the cult of hyperdulia. The doctrine of the Catholic Church takes a position on all the important aspects of this reverence as well as the correct attitude of the believer to mariological topics that resonate in theological circles. An important and irreplaceable role is also played by the teachings of the popes, which are presented in different ways and on different occasions. Pope Francis takes a stand on the issues arising from the participation of the Virgin Mary in the history of salvation. In the study we will point out the theological images of the Virgin Mary in the teachings of Pope Francis as they are contained in the documents of his pontificate.

scholarly journals Uma Casa Comum, um projeto comum: político, social e ambiental

2018 ◽  
Vol 32 (3) ◽  
Author(s):  
Benedita Izabel Rosa
Keyword(s):  
National Council ◽  
Pope Francis ◽  
Christian Churches ◽  
Economic Progress ◽  
Text Base ◽  
The Future ◽  
The Right ◽  
Dry Out ◽  
Public Politics

Em 2016, o tema escolhido para a Campanha da Fraternidade Ecumênica(CFE) foi: “Casa Comum, nossa responsabilidade”. Esta campanha foiorganizada pelo Conselho Nacional de Igrejas Cristãs do Brasil (CONIC), e teve por objetivo geral refletir sobre a questão do saneamento básico. Tais reflexões estão contidas no seu Texto-Base e demonstram que esse é um direito fundamental para todas as pessoas e, como todos os outros direitos, requer o nosso empenho, à luz da fé, a lutar por políticas públicas e atitudes responsáveis que garantam a integridade e o futuro de nossa Casa Comum. O livro do Profeta Amós, que inspirou o lema desta campanha, “Quero ver o direito brotar como fonte e correr a justiça qual riacho que não seca” (Am 5,24), é uma revelação de que também naquela época já havia crises sociais agudas, fundamentadas por um progresso econômico que não se traduzia em igualdade e justiça para todos. Nessa linha de reflexão, incluir-se-á também o pensamento do Papa Francisco contido em sua Carta Encíclica Laudato Si’, cujo conteúdo contempla o mesmo raciocínio do Texto-Base da CFE-2016. Para evitar que assunto tão relevante seja esquecido, propõe-se, como objetivo do presente artigo, a retomada constante da leitura dos documentos aqui referenciados, cujas reflexões possam contribuir para despertar em nós uma consciência que se concretize em atitudes responsáveis para a preservação da nossa Casa Comum.Palavras-chave: Casa Comum. Responsabilidade. Justiça.Abstract: In 2016, the theme chosen for the Campaign of Ecumenical Fraternity (CFE) was: “Common Home, our responsibility.” Organized by the National Council of Christian Churches of Brazil (CONIC), CFE has the overall objective of ensuring the right to sanitation for all people and commit ourselves in the light of faith, public politics and responsible attitudes to ensure the integrity and the future of our common home. The book of the prophet Amos, who inspired themotto of this campaign, “I want to see the right sprout as the source and run the justice which stream that does not dry out” (Am 5:24), is a revelation that also at that time had already acute social crises based on economic progress did not translate into equality and justice for all. In this line of thought, also include the thought of Pope Francis contained in his Encyclical Letter Laudato Si’, therefore, its content covers the same reasoning Text-Base CFE-2016. To prevent such a relevant subject is forgotten, it is proposed, the objective of this article, the constant resumption of the reading of the documents referenced herein, whose reflections can contribute to awaken in us a consciousness that materializes in responsible attitudes towards the preservation of our Common Home.Keywords: Common Home. Responsibility. Justice.

scholarly journals Dijecezanski biskupi u sinodalnoj Crkvi

2019 ◽  
Vol 74 (2) ◽  
pp. 181-194
Author(s):  
Alan Modrić
Keyword(s):  
Pope Francis ◽  
God's People ◽  
The Right ◽  
The Church

The article begins with Pope Francis’ teachings on synodality, the synodal Church and the meaning of synodality in the juridical system of the Church. It is the intent of this article to explain the diocesan bishop’s importance and his role in the fulfillment of synodality. The author includes also an examination of ecclesiastical organs at the diocesan level, of a group of dioceses and in the universal Church. The need is highlighted for greater collaboration between shepherds of the Church and the faithful which could help the Church achieve more profound communion and which would be in accordance with the contemporary Pope’s wish for a synodal path for the whole of God’s people. On this path, the diocesan bishop is a key figure in the realization of the synodal Church: firstly, at the level of his diocese in which he should acknowledge the right of the faithful to advise their shepherd and assist him in the administration of the particular Church, and secondly, at the level of the universal Church, in constructing a hierarchical communion with the Roman Pontiff and the College of Bishops. The diocesan bishop can help in the administration of the universal Church on behalf of God’s people, keeping the needs and dignity of the faithful always in mind.

scholarly journals Eklezjalny wymiar pełnienia charyzmatu proroctwa. Wciąż aktualne przedsoborowe intuicje Yves’a Congara

2020 ◽  
Vol 6 ◽  
pp. 40-55
Author(s):  
Artur Kasprzak ◽  
Keyword(s):  
Church Renewal ◽  
Martin Luther ◽  
16Th Century ◽  
The West ◽  
Pope Francis ◽  
The Right ◽  
Proper Interpretation ◽  
The Church

This study examines the question of the elementary tools of discernment in the Church needed to guide the fulfilment of the prophet’s charism. The study considers the synthesis of Yves Congar’s important reflections in his book of 1950: True and False reform in the Church. The search of the French theologian refers to the analysis and finding the reasons for the division caused in the Church in the West by Martin Luther in the 16th century. We see behind Congar’s intuition that there is a risk of division in the prophetic quest to reform the Church. Only true reform in the Church can avoid it. However, an authentic reform must always be embedded in the right conditions of discernment. The issues raised by the eminent French theologian are important in terms of the dynamic pentecostalisation of Christianity, but also in the proper interpretation of the pastoral renewal directed by the current Pope Francis. The tools for discerning the authenticity of reform in the Church are still unchanged. Despite the 70 years that have passed since the publication of the book by Congar analysed here, his indicated conditions for assessing the authenticity of Church renewal are still valid.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

Sign in / Sign up

Export Citation Format

Share Document