scholarly journals Computer aided anonymization and redaction of judicial documents

2016 ◽  
Vol 13 (1) ◽  
pp. 217-236 ◽  
Author(s):  
Goran Sladic ◽  
Stevan Gostojic ◽  
Branko Milosavljevic ◽  
Zora Konjovic ◽  
Gordana Milosavljevic
Keyword(s):  
Rule Of Law ◽  
Control Mechanism ◽  
Case Law ◽  
Public Access ◽  
Legal Certainty ◽  
Legal Information ◽  
The Rule Of Law ◽  
Xml Documents ◽  
Computer Aided ◽  
Access Control Mechanism

Public access to case law is a required prerequisite for the legal certainty and the rule of law. Nevertheless, according to the law, only authorized persons can access judgments in their non-anonymized and unredacted form. This paper proposes a computer aided method for anonymization and redaction of judgments, with an aim to improve efficiency of overall process. The anonymization and redaction procedure is based on the access control mechanism for XML documents. AKOMA NTOSO is chosen as an XML format in order to facilitate integration with other (legal) information systems, but the proposed method can be easily adapted to different document types and different XML formats. The method is verified by a prototype implementation which is validated by employees in a court of law.

Open access to law in developing countries (originally published in December 2004)

First Monday ◽  
2007 ◽  
Author(s):  
Daniel Poulin
Keyword(s):  
Developing Countries ◽  
Open Access ◽  
Rule Of Law ◽  
Low Cost ◽  
Case Law ◽  
Free Access ◽  
High Quality ◽  
Legal Information ◽  
The Rule Of Law ◽  
Context Free

Securing a widespread and, whenever possible, free, access to legal information has become important everywhere. Open access has higher stakes in developing countries where access to law is often difficult. In this particular context, free access to statutes and case law could significantly contribute to a better establishment of the rule of law and an overall consolidation of national legal institutions. Never before have better conditions existed for a wider circulation of law. The Internet and related technologies have dramatically revolutionized the possibilities of cheaply providing high–quality, low–cost access to national legal documentation. In this article, elements of a strategy aimed at developing open access to law in developing countries are put forth.

scholarly journals Komentarz na kanwie Uchwały Naczelnego Sądu Administracyjnego I FPS 1/21 – sądowa kontrola instrumentalnego wszczęcia postępowania karnego skarbowego a prawo do sądu

2021 ◽  
Vol 3 (31) ◽  
pp. 151-162
Author(s):  
Adam Szymacha ◽  
Kamil Rogalski
Keyword(s):  
Rule Of Law ◽  
Comparative Law ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Legal Method ◽  
The Right ◽  
The Impact

The purpose of the article/hypothesis: The presented article focuses on a new resolution of the Supreme Administrative Court I FPS 1/21. In this resolution an assessment of instrumental initiation of criminal fiscal proceedings in order to suspend the running of the limitation period of a tax liability has been undertaken. The Supreme Administrative Court assessed that administrative courts have the right to examine the legitimacy of initiation of such proceedings. This position is important insofar as it also touches upon the issue of the right to a fair trial, as well as the right to property and legal certainty. The main aim of this article is to check the impact of this resolution on described fundamental rights. Methodology: This article will use the comparative law method. Especially the case law of different courts will be shown. The dogmatic-legal method will also be used as an auxiliary. Results of the research: This resolution is crucial for the fundamental right for fail trial. It has also impact on the right to property and principle of legal certainity. It may also be some element that strengthens the rule of law.

scholarly journals The new possibility of methodology of sentencing in Croatia de lege ferenda – the new improved formula

2020 ◽  
Vol 57 (2) ◽  
pp. 585-603
Author(s):  
Marta Dragičević Prtenjača
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
The United States ◽  
Sentencing Guidelines ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Law System ◽  
The Republic ◽  
Similar Solutions

The inconsistent case law seems to be a relatively big problem because it affects confidence in justice and legal certainty. The background of this problem is process of sentencing. In Croatia there is no methodology for determining the punishment. Of course, the Croatian Penal Code has the norms which regulate the purpose of punishment and it, in some generic form, stipulates the circumstances which can be relevant for determining the punishment. However, it does not say anything about the process itself nor does it define the methodology to carry it out. During this process the court has to bear in mind the purpose of sentencing and the perpetrators guilt, in order for punishment to be proper and would correspond to the severity of the committed offense. Hence, as here is no methodology no one can be sure whether or not this process was lege artis. In that regard author give their proposition of possible solution to this matter. They are suggesting the introduction of non-mandatory ‘formula’ for sentencing into the Croatian criminal law system. The formula would now be improved And more appropriate than the previous one. Author believe ‘the formula’ should contribute to the harmonization of case-law in Croatia and to the preservation of the principle of legal certainty and finally the rule of law. Similar solutions already exist in some countries. The Republic of North Macedonia, which incorporates the civil or continental law system, introduced the special Law for the Determination of the Type and Duration of Sentence in 2015, while the United States have been applying the Sentencing Guidelines since 1987.

scholarly journals Legal Certainty

2021 ◽  
pp. 185-201
Author(s):  
Viktor Smorodynskyi
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Legal Certainty ◽  
Theoretical Concepts ◽  
The Rule Of Law ◽  
Res Judicata ◽  
National Courts ◽  
Legitimate Expectations ◽  
General Principles Of Law ◽  
Venice Commission

Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legitimate expectations, res judicata, the European concept of autonomous interpretation and the American doctrine of uncertainty of law are covered. By analyzing and synthesizing theoretical concepts of the principle of legal certainty, the practice of its interpretation and application by European and national courts, the connections between it and other general principles of law (in particular – principles of legality and reasonableness), this principle plays a key role in the Rule of Law implementation in the national legal system.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

INTER ARMA SILENT LEGES (NOTAS SOBRE DEL DERECHO DE EXCEPCIÓN)

2010 ◽  
pp. 285-294
Author(s):  
JOSÉ MANUEL CASTELLS ARTECHE
Keyword(s):  
Rule Of Law ◽  
United States Supreme Court ◽  
Case Law ◽  
Point Of View ◽  
Court Case ◽  
The Rule Of Law ◽  
Current Economic Crisis ◽  
Supreme Court Case ◽  
Emergency Measures ◽  
Structural Point

Se hace notar que en situaciones de excepción, sea en un aspecto coyuntural (la actual crisis económica), sea estructural (las medidas de emergencia justificadas en razones de necesidad), se afecta normalmente aunque no necesariamente a los principios propios de un Estado de Derecho. Se aportan ejemplos de la realidad actual o de momentos claves de la jurisprudencia del Tribunal Supremo de los Estados Unidos de Norteamérica. Salbuespeneko egoeretan, dela egoera koiunturala (egungo krisi ekonomikoa), dela egiturazkoa (premiagatik justifikatuta dauden larrialdiko neurriak), gehienetan, baina ez beti, Zuzenbide Estatutuaren printzipio funtsezkoetara jotzen da. Ameriketako Estatu Batuetako Epaitegi Gorenaren jurisprudentziaren gaur egungo errealitatearen edo une gailurren adibideak aztertzen dira. It is pointed out that in exceptional circumstances, either from a temporary point of view (current economic crisis) or from a structural point of view (emergency measures justified by reasons of necessity), is normally affected albeit not necessarily the same principles of the Rule of Law. Some current real examples or key moments in United States¿ Supreme Court case law are provided.

VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU

2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Theory And Practice ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Know How ◽  
The People ◽  
Key Factor ◽  
Law And Justice ◽  
Legal Security

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.

scholarly journals How Far Is It from Warsaw to Luxembourg and Karlsruhe: The Impact of the PSPP Judgment on Poland

2020 ◽  
Vol 21 (5) ◽  
pp. 1104-1115
Author(s):  
Stanisław Biernat
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Impact

AbstractA concern was voiced in commentaries after the PSPP judgment that the BVerfG’s position regarding the refusal to apply in Germany the CJEU judgment as issued on an ultra vires basis might be used in EU Member States infringing the rule of law, and the independence of the judiciary in particular. This issue is presented in relation to Poland. The article sets out the constitutional provisions which proclaim openness to European integration, as well as the union-friendly case-law of the Constitutional Tribunal (CT) until 2016. The CT jurisprudence at that time provided, however, for the possibility of refusing to apply EU law in exceptional situations, even though this never happened. Next, the article discusses endeavors of the new Polish authorities since the end of 2015 which drastically breach the rule of law in the field of the judiciary, as well as the measures taken by EU institutions to counteract these adverse phenomena. The Polish authorities argue that the competence to define the legal position of the judiciary has not been conferred on the Union and remains within the exclusive competence of the Member States. Such a stance was also taken by the politically dependent CT in April 2020. The PSPP judgment was therefore welcomed with joy by Polish politicians. There are major differences, however, between the rulings of the BVerfG and those of the Polish CT in its current composition, and the hopes pinned on the PSPP judgment by the Polish authorities are unfounded.

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