scholarly journals Foreign Prisoners in Europe: An Analysis of the 2012 Council of Europe Recommendation and Its Implications for International Penal Policy

2016 ◽  
Vol 12 (1) ◽  
pp. 161-161 ◽  
Author(s):  
Roisin MULGREW
Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 169-187
Author(s):  
Sladjana Jovanovic

The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.


2018 ◽  
Author(s):  
Steven Greer ◽  
Janneke Gerards ◽  
Rose Slowe

2020 ◽  
pp. 444-457
Author(s):  
Lorena Milani

L'approccio che noi proponiamo alla questione della povertà educativa intreccia sia gli obiettivi dell'Agenda 2030 per lo Sviluppo Sostenibile (Onu, 2015) sia quella della Global Education (Council of Europe, 2019) e dei diritti dei minori dichiarati nella Convenzione sui diritti dell'infanzia e dell'adolescenza (Onu, 1989). In questa prospettiva, indagheremo la questione della povertà educativa in termini non solo di mancanza di opportunità, di deprivazione e di qualità della vita, ma anche come deprivazione morale, di orientamenti e prospettive di vita, di qualità della proposta educativa e dei valori insiti in essa. Partendo dalla situazione attuale generata della pandemia del coronavirus, offriamo una lettura delle ricadute sulle povertà materiali e sulla povertà educativa, considerando anche le povertà altre. La prospettiva viene costruita attorno alla centralità dell'etica e all'ipotesi di un nuovo paradigma: il PEL (Prodotto Etico Lordo) cui è associata l'educazione alla sobrietà. In questa logica, la Global Education diviene approccio pedagogico per promuovere l'educazione alla cittadinanza globale per una vita degna e una dignità educativa


Author(s):  
Chris Himsworth

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.


2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


1981 ◽  
Vol 12 (2) ◽  
pp. 275-284 ◽  
Author(s):  
Richard K. Kerckhoff
Keyword(s):  

2017 ◽  
Vol 69 (040) ◽  
pp. 12-13 ◽  
Author(s):  
Yekaterina Trifonova
Keyword(s):  

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