scholarly journals The difficulties of determining the notion of organized crime

Temida ◽  
2004 ◽  
Vol 7 (1) ◽  
pp. 3-9
Author(s):  
Natasa Mrvic-Petrovic
Keyword(s):  
20Th Century ◽  
Rule Of Law ◽  
Organized Crime ◽  
State Power ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
And Control

The author emphasizes the most significant difficulties and disagreements in determining the notion of organized crime, which, on one hand, come as a result of a complexity and dynamism of a contemporary organized crime, and on the other hand, may lead to passing the inadequate legislation and/or the failure of actions against the organized crime. Pointing out to the differences between contemporary organized crime and theoretical definitions of it from the first decades of the 20th century, the author concludes that the answer to the organized crime should be systematic, and need to include the rule of law and the principles of division and control of state power. The author suggests that the changes are necessary within the present criminal legislature of Serbia. In these changes the emphasis need to be on the protection of victims rather than on special legal solutions and special court, prosecution and police units for suppression of organized crime.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

scholarly journals KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI

2018 ◽  
Vol 2 (2) ◽  
pp. 203-217
Author(s):  
Dewi Ratnasari Rustam
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
The Other ◽  
Court Ruling ◽  
The Rule Of Law ◽  
The Public ◽  
Other Hand ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.

A PUBLIC PROSECUTOR’S MOTION TO REVOKE OR AMEND A LEGALLY BINDING COURT’S CONFIRMATION OF INHERITANCE ACQUISITION

2021 ◽  
Vol 2 (XXI) ◽  
pp. 155-166
Author(s):  
Rafał Adamus
Keyword(s):  
Rule Of Law ◽  
Central Point ◽  
The Other ◽  
The Rule Of Law ◽  
The Public ◽  
Private Interests ◽  
Other Hand ◽  
Civil Proceedings

This study is devoted to the issue of the prosecutor’s motion to amend or revoke a legally binding decision on the confirmation of inheritance. The public prosecutor’s interference in civil proceedings is exceptional. It is conditioned by the need to protect the rule of law. On the other hand, civil proceedings serve to satisfy private interests. The study indicates the essence of the institution of revoking a legally valid inheritance order. The general principles of public prosecutor’s participation in civil proceedings were presented. The central point of the study is the analysis of the conditions for submitting an application by the prosecutor to revoke or amend a legally valid decision on the confirmation of inheritance acquisition.

scholarly journals THE „HAWALA SYSTEM“ - BETWEEN CUSTOMARY LAW AND ORGANIZED CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Ivan Geshev ◽  
Nikolay Marin
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Information Technologies ◽  
The Other ◽  
Customary Law ◽  
The Rule Of Law ◽  
Criminal Groups ◽  
The One ◽  
Conventional Type

The article aims to reveal the nature and specifics of the alternative method of modern banking ‘Hawala’, which makes it on the one hand, extremely convenient for use by organized criminal groups, and on the other, difficult to be investigated and proven. The authors trace Hawala’s historical roots, referring to the ancient customary law, and point out the strict rules on which it operates. It highlights that, with the development of information technologies, the Hawala systems’ principles have found a new application, from which organized criminal groups benefit. The article clarifies how the Bulgarian legislation incriminates money laundering and the possible use of the ‘Hawala’ system for this and other criminal activities. Attention is paid to the Bulgarian experience in the investigation of a network of persons involved in the use of the Hawala method for concealing, particularly serious crimes. The conclusion is made that the Hawala phenomenon poses a serious threat to the rule of law in any country, and the Bulgarian legislation needs to be adapted in order to provide effective mechanisms to counter such non-conventional type of crime.

scholarly journals RESOLUSI PENANGANAN GAFATAR PASCA DIBUBARKAN OLEH PEMERINTAH PROVINSI BANGKA BELITUNG

2016 ◽  
Vol 1 (1) ◽  
pp. 29
Author(s):  
Hadarah Rajab
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
National Unity ◽  
The Rule Of Law ◽  
Other Hand ◽  
The Republic

This study attempts to describe activity GAFATAR in Bangkabelitung after dissolved.The results of research suggest that after the dissolution ofGAFATAR, his followers still keep his view that the organizationGAFATARdid not teach something subverted from tenets or the rule of law or customary is in this country, and not fund that members ofGAFATARknow are the anew after Muhammad saw. They feel this would be a belief where confidence any will be guaranteed in national unity of the republic of Indonesia. On the other hand, after the dissolution ofGAFATARphenomenon, on the surface is looks calmly but still needs to be alert by Karen due to the emergence ofGAFATARthe life of his followers be chaotic and misery of then responsibility the leadersGAFATARthere is no.Joy and this phenomenon people who were subjected to experienced depress social in the massif.

The Rule of Law

2017 ◽  
Author(s):  
J. M. Bernstein
Keyword(s):  
Coercive Force ◽  
Rule Of Law ◽  
Necessary Conditions ◽  
The State ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Formal Features

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the “inner morality of law.” Next, the chapter offers a version of Caesar Beccaria's argument that the formal and procedural elements constituting the rule of law should be conceived as, on the one hand, generating the necessary conditions for relations between the citizen and the state and, on the other hand, among citizens themselves that will be sufficient to free individuals from coercive, force-based relations both among themselves and between themselves and the state.

Europe

2020 ◽  
Keyword(s):  
Rule Of Law ◽  
Security Policy ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
Foreign And Security Policy ◽  
The One ◽  
Two Sides ◽  
The Eu

In the years before the Covid-19 crisis confronted the world with unprecedented challenges, the EU showed two sides of itself: On the one hand, it gave cause for hope, having overcome several crises and presenting itself to the world as a defender of multilateralism and a stronghold of democracy. On the other hand, however, its weaknesses remained visible: its lack of coherence in foreign and security policy; its insufficient influence in its neighbouring regions; and its internal contradictions with regard to upholding the rule of law among its member states. The essays gathered here offer a review of two years of EU politics. With contributions by Laurent Baechler, Anna Dimitrova, Mohamed Ane, Sebastian Franzkowiak, András Inotai, Gabriel N. Toggenburg, Arnaud Leconte, Kyriakos Revelas, Hartmut Marhold, Jean-Claude Vérez, Jean-Marie Rousseau, Susann Heinecke, Florent Marciacq, Tobias Flessenkemper, Magda Stumvoll, Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura, Claude Nigoul, Pinar Selek, Yvan Gastaut.

scholarly journals The Chinese Advantage in Emergency Law

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Ugo Mattei ◽  
Liu Guanghua ◽  
Emanuele Ariano
Keyword(s):  
Rule Of Law ◽  
Population Surveillance ◽  
The Other ◽  
State Of Exception ◽  
Critical Event ◽  
Legal Tradition ◽  
The Rule Of Law ◽  
Legal Response ◽  
Other Hand ◽  
The One

AbstractThis Article has a twofold purpose. On the one hand, it offers comparative materials for an informed discussion of COVID-determined emergency law in China and Italy by assessing its normative implications and political genealogy. On the other hand, it explores the essential contiguity between the ‘state of exception’ triggered by the pandemic and the possible geopolitical shifts in global legal hegemony in the actual phase of surveillance capitalism which is witnessing a decline of law as a form of social organization and its replacement by the predictive models elaborated by technology. In this respect, the traditional Western iconography has long described the Chinese legal tradition as a “law without law”, a despotic regime with intrusive population surveillance whose distance from the Western paradigm is deemed almost unbridgeable. And yet the legal response to coronavirus both in Europe and in the U.S. somewhat replicates the allegedly distant Chinese model in terms of restrictions and surveillance mechanisms which are being deployed to counter the crisis in the face of a formal commitment to the rule of law. This Article concludes that the emerging pre-eminence of the “rule of technology” over the “rule of law” in a critical event of historic proportions like a pandemic should and will set the future agenda of comparative studies in a double direction. On the one hand it calls for a truly critical reconsideration of role of law in society which in turn impels to rethink the hold of the liberal constitutional model and the obsolescence of traditional legal taxonomies. On the other hand, it might point to the emergence of an unexpected Chinese legal leadership, determined by the progressive undoing of the Western legal and political narratives whose backbone has been relentlessly eroded by decades of neoliberalism and populism.

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