Recognition: A Case Study on the Original Understanding of Executive Power

2010 ◽  
Author(s):  
Robert Reinstein
Keyword(s):  
Executive Power

scholarly journals The Conflict between the Principles of the National Identity of Member States and Values of European Union Such as Rule of Law, Respect for Human Rights and Liberal Democracy – Case Study of Hungary

2020 ◽  
Vol 20 (2) ◽  
pp. 159-173
Author(s):  
Kumush Suyunova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Executive Power ◽  
Political Equality ◽  
Member States ◽  
Checks And Balances ◽  
Independent Judiciary ◽  
European Values ◽  
The Eu

Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.

Conflict and Courts: Civil War and Judicial Independence across Democracies

2018 ◽  
Vol 72 (3) ◽  
pp. 700-713
Author(s):  
Brad Epperly ◽  
Jacqueline Sievert
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Civil Liberties ◽  
Judicial Independence ◽  
Executive Power ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Federal Judiciary ◽  
Cross National

Many argue that during conflict, executive power expands at the expense of the judiciary and civil liberties. Although this is a common conjecture, no systematic study of conflict and judicial independence exists. We argue that conflict, rather than strictly inhibiting independence, is instead a critical juncture that increases the possibility of institutional change, either positive or negative. We assess this claim in three ways: cross-national analyses of (1) de facto and (2) de jure judicial independence after the onset of conflict, and (3) a case study of statutory and jurisdictional changes to the federal judiciary after the outbreak of the U.S. Civil War. Each illustrates that conflict onset is associated with a higher likelihood of changing levels—both decreases and increases—rather than unidirectional decreases in judicial independence. We then present preliminary hypotheses and analyses for three factors that, given conflict onset, should be associated with either improved or worsened conditions for the judiciary. This study has implications for research on conflict, courts, and the rule of law in both political science and legal studies.

scholarly journals Framework Decision 2008/909/JHA on the transfer of prisoners in the EU: Advances and challenges in light of the Italian experience

2019 ◽  
Vol 11 (1) ◽  
pp. 69-92
Author(s):  
Stefano Montaldo
Keyword(s):  
Case Law ◽  
Executive Power ◽  
The European Union ◽  
Test Bed ◽  
Framework Decision ◽  
Italian Experience ◽  
Italian Case ◽  
The Impact ◽  
The Eu

The article addresses the implementation of Framework Decision 2008/909/JHA on the transfer of prisoners in the European Union (EU) and discusses its advances and shortcomings from a twofold perspective: the general features and objectives underpinning the Framework Decision and how these theoretical premises have been put into practice by domestic authorities. First, the article discusses the state of the art of the implementation of this mechanism in Italy and provides relevant data. Second, it addresses the main strategies enacted in Italy by the judiciary, the legislature and the executive power to maximise the impact of the national implementing laws. The analysis demonstrates that these efforts are mainly intended to dispose of unwanted EU citizens and to cope with prison overcrowding, thereby marking a clear departure from the rationale of the Framework Decision. Third, the article focuses on the recurring challenges regarding horizontal cooperation between domestic judicial authorities, with a specific focus on the division of competences between the issuing and the executing authorities in light of the EU and the Italian case law. The article supports the view that the Italian case study can represent a test bed for future quantitative and qualitative improvements in the implementation of this Framework Decision at the EU level.

scholarly journals Legal Standing of Finance and Development Supervisory Agency (BPKP) in Calculating State Financial Losses in the Case of the Corruption Crime (Case Study of Decision Number: 31/Pid.Sus/TPK/2017/PN. Pdg)

2019 ◽  
Vol 6 (3) ◽  
pp. 990
Author(s):  
Yuharmen Yakub ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
National Development ◽  
Financial Supervision ◽  
District Court ◽  
Executive Power ◽  
Constitutional Court ◽  
Legal Standing ◽  
West Sumatra ◽  
The Republic ◽  
Financial Losses

Finance and Development Supervisory Agency (BPKP) is one of the institutions stipulated in Presidential Regulation of the Republic of Indonesia No. 192 of 2014 in charge of organizing government affairs in the field of state/ regional financial supervision and national development. This research raises several problems which include: First, what is the form of regulation of BPKP’s authority in legislation related to audits in calculating state financial losses in the case of corruption crime. Second, how is the legal standing of the BPKP Representative of West Sumatra Province in calculating state financial losses in the decision Number: 31/Pid.Sus/TPK/2017/PN Pdg on behalf of the defendant Vera Aldilla Roza, ST related to corruption crime in Padang District Court. This is a normative juridical research which applied an approach to legislation (statute approach) and to the case (case approach). This research used a technique in the form of a library study that utilized primary, secondary, and tertiary legal materials. The legal materials were then analyzed qualitatively to answer the problems discussed in this research. Based on the results of the research, it was concluded that the legal standing of BPKP was in the executive power. In this case, the regulation of authority related to calculating state financial losses contained in the legislation, i.e. Presidential Regulation No. 192 of 2014 concerning BPKP. In addition, this authority was strengthened by the Decision of the Constitutional Court Number: 31/PUU-X/2012 dated October 23, 2012. The legal standing of BPKP, in calculating state financial losses in the case of procurement of medical devices at Health Office of Pesisir Selatan Regency, was as auditor. The judge was guided by the calculation of state financial losses carried out by BPKP and used it as a basis for consideration of decisions.

Management of National Judicial System Control Based on Local Laws: A Case Study at the Mediation Center in Lombok, Indonesia

2021 ◽  
Vol 19 (3) ◽  
pp. 485-501
Author(s):  
Hilman Syahrial Haq ◽  
Achmadi Achmadi ◽  
Arief Budiono ◽  
Sinung Mufti Hangabei
Keyword(s):  
Local Community ◽  
Executive Power ◽  
System Control ◽  
Literature Study ◽  
Peace Agreement ◽  
Management Procedure ◽  
Final Settlement ◽  
Control Management

This study aimed to keep the quality of judges' decisions and to reduce the burden of cases that accumulate in the courts. This research was conducted through observation, interviews, and literature study at the mediation center in the Sasak community with a qualitative analysis, using a case and statute approach. It was found that based on the Regional Regulation Number 9 of 2018, the mediation center and the court can be integrated institutionally through several concepts: first, making the mediation center as a filtering instrument of dispute so that the court ultimately only functions as a final settlement; second, making the executive power on the peace agreement produced by the mediation center in a peace deed (vandading deed); third, the Sasak community's control-management procedure based on local laws in the form of the Mediation Center Institution is an alternative to resolve local community disputes.

scholarly journals The Gülen Movement and Turkish Soft Power in the South Caucasus and the Middle East

2017 ◽  
Author(s):  
Bayram Balci
Keyword(s):  
Middle East ◽  
Soft Power ◽  
Executive Power ◽  
Religious Organization ◽  
Charismatic Leader ◽  
The South ◽  
South Caucasus ◽  
Concrete Case ◽  
Gulen Movement

This chapter focuses on a concrete case study in Turkey’s close neighborhood. It examines the exceptional role played by a social and religious organization that is unique in the Muslim world, namely the movement of Fethullah Gülen. The following questions are addressed: To what extent did the Gülen movement contribute to the development of Turkey’s soft power in both the South Caucasus and the Middle East?; reciprocally, how did the Gülen movement benefit from the government’s support and prestige to develop its own influence? Finally, the chapter questions the durability of the bond between Gülen and Turkey’s soft power through the lens of the clash between Gülen, the charismatic leader of the hizmet movement, and Recep Tayyip Erdoğan, leader of the Turkish executive power since 2002.

scholarly journals LOS SENTIDOS DE LA DEMOCRACIA Y LA PARTICIPACIÓN. UN ESTUDIO DE CASO SOBRE LA TOMA DE ESCUELAS EN CÓRDOBA DURANTE 2010 / The Meanings of Democracy and Participation. A case study on school take overs in Cordoba during 2010

2016 ◽  
Vol 9 (1) ◽  
pp. 95 ◽  
Author(s):  
Daniel Pedro Miguez ◽  
Andres Hernandez
Keyword(s):  
High School ◽  
High School Students ◽  
Educational Reform ◽  
Intergenerational Relationships ◽  
Executive Power ◽  
School Students ◽  
Internal Conflicts ◽  
Reforma Educativa ◽  
Estudio De Caso

<p>En los meses finales de 2010 grupos de estudiantes de nivel medio de la provincia de Córdoba ocuparon sus establecimientos. Demandaban mejoras edilicias en escuelas que y también reclamaban mayor participación en la elaboración de una reforma educativa promovida por el Poder Ejecutivo provincial. En este artículo indagamos en base a un estudio de caso sobre los sentidos que diversos grupos le asignaron a la participación y la democracia en el contexto de las ocupaciones y los efectos que estos diversos sentidos tuvieron en la configuración sectorial del conflicto en un establecimiento de nivel medio de la provincia. Si bien los resultados del estudio de caso no pueden generalizarse, al menos permite formular hipótesis sobre la forma en que se estarían transformando los vínculos inter-generacionales y las formas de participación en la escuela media.</p><p><br /><strong>Abstract</strong></p><p><br />During the final months of 2010, high school students took over their establishments in the province of Córdoba. They demanded improvement in school infrastructure and more participation in the elaboration of a provincial educational reform promoted by the provincial executive power. Based on a case study, this paper investigates the meanings that various groups assigned to participation and democracy in the context of the school take overs and the effects they had in the configuration of internal conflicts within occupied schools. While the results of the case study cannot be generalized, it does provide basis to formulate hypothesis about the way in which intergenerational relationships and participation are currently changing in secondary education.</p>

scholarly journals The participation of the legislative power in municipal public planning: analyzing proposals for parliamentary amendments to the budget laws in Curitiba

2020 ◽  
pp. 1-26
Author(s):  
Priscila Perelles ◽  
Antonio Gonçalves de Oliveira ◽  
Ivan Carlos Vicentin ◽  
Rogério Allon Duenhas
Keyword(s):  
Applied Research ◽  
Descriptive Statistics ◽  
Executive Power ◽  
Technical Knowledge ◽  
Legislative Power ◽  
Social Legitimacy ◽  
Annual Budget ◽  
Descriptive Approach

Guided by the objective of analyzing the quantity and characteristics of amendments that have become law and by discussion on the issue of parliamentarian distancing from legislative functions regarding budget matters, this article addresses the participation of the legislative power in public planning from the perspective of social legitimacy in representative democracies. The theoretical framework, which provides support for this, is in reference to the process of public planning and to budget policies, focusing on parliamentary amendments. The methodological path emphasizes an applied research defined as a case study with a descriptive approach. The method employed is that of descriptive statistics. The results have indicated that i) the lack of technical knowledge, asymmetric information and a low quality of transparency in budget proposals perpetuate the hegemony of the executive power and ii) there were no modifications in this structure through the adoption of impositive amendments to the annual budget.

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