scholarly journals Vizura hrvatskog maloljetničkog kaznenog prava pri odlučivanju o maloljetničkom zatvoru i njegovu pridržaju – postoje li kriteriji ili je sve diskrecijska odluka suda

2021 ◽  
Vol 71 (3-4) ◽  
pp. 377-409
Author(s):  
Marta Dragičević Prtenjača ◽  
◽  
Reana Bezić ◽  
Marina Zagorec ◽  
◽  
...  
Keyword(s):  
Decision Making ◽  
Juvenile Offenders ◽  
Case Law ◽  
Significant Issue ◽  
Juvenile Courts ◽  
Juvenile Incarceration ◽  
The Right ◽  
Descriptive Qualitative

Juvenile courts throughout Croatia impose sanctions on juvenile offenders (juveniles). Their decision-making often raises issues of their discretion in deciding on the application of juvenile sanctions, especially juvenile incarceration and its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), which can be a significant issue in terms of the uniformity of the juvenile case law. Therefore, the research sought to examine whether there are certain formal criteria for distinguishing the application of juvenile incarceration from its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), or if there are criteria that judges use when deciding when and in which cases to apply juvenile imprisonment, and when its suspension. Consequently, the following Hypothesis is set: There are criteria for distinguishing the application of juvenile incarceration from the suspension of sentence of juvenile incarceration (Reservation of the Right to Impose the Sentence of Juvenile Incarceration). Normative - descriptive, qualitative and descriptive analyses were used to test the hypothesis in the research.

scholarly journals Judicial Enforcement of Environmental Democracy: a Critical Analysis of Case Law on Access to Environmental Information in the European Union

2020 ◽  
Vol 4 (1) ◽  
pp. 13-43
Author(s):  
Marjan Peeters
Keyword(s):  
Decision Making ◽  
Public Engagement ◽  
Case Law ◽  
Environmental Information ◽  
The European Union ◽  
The Right ◽  
Right Of Access ◽  
Environmental Democracy ◽  
Gain Access ◽  
The Eu

Abstract Since the 1970s, the concept of environmental democracy, including the right to gain access to environmental information, has emerged as an important concept to promote and ensure public engagement in governmental environmental decision-making. While it is, generally, understood that environmental procedural rights deserve protection across the globe, it remains to be identified to what extent, in practice, the application of such rights differs across jurisdictions. Such differences may be caused by specific understandings of democracy and institutional characteristics. In light of this, this article analyses the case law of the Court of Justice of the European Union (CJEU) regarding the right of access to environmental information. It observes that the EU legislature has implemented the right of access to environmental information more ambitiously than required under the Aarhus Convention, particularly with regard to legislative information. Moreover, the CJEU has steered EU institutions, including the European Commission, towards even greater transparency. The judicial reasoning by the CJEU is principled and refers to general values regarding openness and transparency codified in primary EU law and in the EU Charter of Fundamental Rights. These judicial developments also highlight the importance of promoting discourse on the implications of a rigorous approach to the right of access to environmental information, including the question of whether enabling wider public engagement necessarily leads to better decision-making. Finally, the article promotes the need for comparative research on how the right to gain access to environmental information is developing across the world.

Retain the Juvenile Court?

1979 ◽  
Vol 25 (3) ◽  
pp. 281-298 ◽  
Author(s):  
H.Ted Rubin
Keyword(s):  
Decision Making ◽  
Juvenile Offenders ◽  
Juvenile Court ◽  
Juvenile Courts ◽  
Status Offenders

Several trends are discernible in today's juvenile court: a harsher ap proach to serious, chronic juvenile offenders, though this orientation is not shared by all juvenile courts; an easing of punitiveness toward status offenders, characterized by reduced intervention and curbs on incarcera tion, an expansion of the prosecutor's decision-making role at intake.

scholarly journals EVALUASI LAPORAN KINERJA INSTITUSI PADA BADAN PERENCANAAN PEMBANGUNAN DAERAH (BAPPEDA) PROVINSI SULAWESI UTARA

2020 ◽  
Vol 15 (3) ◽  
pp. 376
Author(s):  
Lucyana Aprillya Simanjuntak ◽  
Hendrik Manossoh ◽  
Sintje Rondonuwu
Keyword(s):  
Decision Making ◽  
Analytical Method ◽  
The State ◽  
Government Agencies ◽  
State Administration ◽  
The Future ◽  
Performance Report ◽  
Performance Reports ◽  
The Right ◽  
Descriptive Qualitative

The performance report of government agencies performance is a form of accountability in presenting, reporting and disclosing the mission of the agency in the form of activities and activities that are the responsibility of the stakeholders who have the right and authority to request such accountability. Performance Reports presented in accordance with applicable regulations can be utilized to make a decision and steps to be taken in the future in improving agency performance. This study aims to determine the performance report of BAPPEDA has been presented in accordance with the regulations and assess the work achievements of BAPPEDA. The analytical method used is descriptive qualitative. The results of this study indicate that the BAPPEDA performance report is in accordance with the guidelines of the State administration agency (LAN) and the BAPPEDA performance achievements are in good class so that the BAPPEDA performance report can be used for decision making.

scholarly journals The Right to Be Heard in the European Union – Case Law of the Court of Justice of the European Union

2016 ◽  
Vol 1 (1) ◽  
pp. 264
Author(s):  
Pranvera Beqiraj (Mihani)
Keyword(s):  
Decision Making ◽  
European Union ◽  
Case Law ◽  
Legal Order ◽  
Decision Making Process ◽  
The European Union ◽  
Court Of Justice ◽  
Individual Measure ◽  
Right To Good Administration ◽  
The Right

The right to be heard as a fundamental right within the Europen legal order was included in the right to good administration in the Charter of Fundamental Right of the European Union and imposes that every person has the right to be heard before any individual measure which would affect him or er adversely is taken. However, the Court of Justice of the European Union has a consolidated jurisprudence regarding the right to be heard which has already recognized it as a general principle and fundamental right. This paper will analyze this case law , which determine the nature of the decision-making process where this right must be applied, the nature of the decision taken and the way the interests of the person concened are affected. For this purpose different decisions of the Court of Justice of the European Union are taken under study.

scholarly journals Between facts and norms: Testing compliance with Article 8 ECHR in immigration cases

2019 ◽  
Vol 37 (2) ◽  
pp. 157-177
Author(s):  
Mark Klaassen
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
Best Interests ◽  
Primary Role ◽  
European Court ◽  
The Right ◽  
Compliance Tests

The European Court of Human Rights plays a subsidiary role in the protection of the rights and freedoms set forth in the Convention. To enable national authorities to perform their primary role, it is important that the Court offers sufficient guidance on the interpretation of the Convention. It has already been argued that the case law of the Court on the right to respect for family life in immigration cases, lacks consistency in terms of procedural and substantive protection. The inconsistency in the case law is mostly the case in the admission and regularisation case law. This manifests itself in specific issues including the determination of whether an interference has occurred as well as the court’s determination of the best interests of the child. Consequently, the case law difficult to apply by national authorities which leads to widely diverging practices by the Contracting Parties. The objective of this article is to outline the differences and inconsistencies in the different forms of immigration cases and the corresponding compliance tests of the Court. The article aims to offer a solution that would enable both the Court and the Contracting Parties to differentiate the level of protection that is offered by Article 8 in immigration cases, while providing sufficient guidance to national decision-making authorities and judiciaries so that they can efficiently and effectively exercise the primary role they play in the protection of the right to respect for family life in immigration cases.

Awareness and Decision Making in Professional Ethics

2000 ◽  
Vol 5 (1) ◽  
pp. 19-27 ◽  
Author(s):  
Ronny Swain
Keyword(s):  
Decision Making ◽  
Professional Ethics ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Professional Autonomy ◽  
Ethical Awareness ◽  
Ethical Decisions ◽  
The Right ◽  
Aid Decision

The paper describes the development of the 1998 revision of the Psychological Society of Ireland's Code of Professional Ethics. The Code incorporates the European Meta-Code of Ethics and an ethical decision-making procedure borrowed from the Canadian Psychological Association. An example using the procedure is presented. To aid decision making, a classification of different kinds of stakeholder (i.e., interested party) affected by ethical decisions is offered. The author contends (1) that psychologists should assert the right, which is an important aspect of professional autonomy, to make discretionary judgments, (2) that to be justified in doing so they need to educate themselves in sound and deliberative judgment, and (3) that the process is facilitated by a code such as the Irish one, which emphasizes ethical awareness and decision making. The need for awareness and judgment is underlined by the variability in the ethical codes of different organizations and different European states: in such a context, codes should be used as broad yardsticks, rather than precise templates.

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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