scholarly journals ‘Children in Criminal Procedure – Friendly Law’

2021 ◽  
Vol 2 (2) ◽  
pp. 241-255
Author(s):  
Marcin Wielec
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
Children's Rights ◽  
Children’S Rights ◽  
Scientific Article ◽  
The European Union ◽  
Council Of Europe ◽  
Legislative Proposal ◽  
Child Friendly ◽  
The Law

The considerations undertaken in the scientific article constitute an analysis and evaluation of the solutions included in the government's legislative proposal aimed to change the provisions of the Code of Criminal Procedure, the Family and Guardianship Code, and the Law on the System of Common Courts with regard to the position of minor victims. The legislative initiative is a significant change that aims to improve the protection of children participating in criminal procedures. This legal act’s draft indicates the provision of a special position to children in the criminal procedure. If children happen to be the aggrieved parties in criminal procedures, they deserve to be met by the court and participants with exceptional awareness and sensitivity. I am of the opinion that the criminal procedure must be structured in such a way that the participating children feel safe. The judiciary should aim to be child-friendly. It is extremely important that children feel understood as well as they understand the new legal reality in which they find themselves. In this analysis, I have referred to the regulations on the protection of children's rights under the international law and the law of the European Union. In this study, I have laid emphasis on the point that the proposed legislative solutions should meet the assumptions of the European directives issued by the European Union institutions as well as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, the main act on the protection of children's rights issued by the Council of Europe.

scholarly journals The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

2020 ◽  
Author(s):  
Viktoriya Kuzma
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Council Of Europe ◽  
European Continent ◽  
Court Of Justice ◽  
European Court ◽  
The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

European Union’s external strategies for the rights of the child

Childhood ◽  
2019 ◽  
Vol 26 (3) ◽  
pp. 386-406
Author(s):  
Johanna von Bahr
Keyword(s):  
European Union ◽  
Children's Rights ◽  
Original Data ◽  
Children’S Rights ◽  
Comparative Approach ◽  
The European Union ◽  
Policy Positions ◽  
Governmental Organizations ◽  
Rights Of The Child ◽  
Non Governmental Organizations

This article offers the first quantitative analysis of European Union external strategies for children’s rights. Drawing on original data, it finds that European Union diplomatic pressure and economic aid have increased over time but that the European Union still lacks independent policy positions on children’s rights. European Union strategies target states to different degrees and international non-governmental organizations are favoured over domestic organizations. Findings suggest that the European Union is becoming a more significant actor of child rights governance, underscoring the value of a comparative approach.

Functions and Practice of Legal Citing: Towards a Uniform International Quotation System

1995 ◽  
Vol 23 (2) ◽  
pp. 149-168 ◽  
Author(s):  
Marc Forster
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Comparative Law ◽  
Target Group ◽  
The European Union ◽  
Legal Doctrine ◽  
Swiss Canton ◽  
International Standardization ◽  
The Law

The question, whether and to what extent the citation of laws, Rechtsprechung and legal doctrine should be internationally standardized, cannot be answered for all branches of law without making certain distinctions. International contracts or codifications with multinational validity (for example, the law of the European Union) have other criteria to fulfill with regard to their function and coordination as does, for instance, the law of criminal procedure of a Swiss canton. The Rechtsprechung of a national supreme court has, as a result of the possibilities of international reception within the scope of comparative law, a different meaning from that of lower authorities. A scholarly paper with an international or comparative law perspective is not oriented toward the same target group nor with the same pretenses as a more practice oriented essay about procedural niceties of a specific national law. Moreover, it appears to me, the “whether” and “how” of an international standardization of the legal citation passes over the true problem. A formal standardization of the legal citation is not the important issue; rather, it is an increase in the mutual understandability of legal materials. Legal citations should be able to be understood as precisely and quickly as possible.

Observing Juvenile Courtrooms: Testing the Implementation of Guidelines on Child-Friendly Justice in Spain

Youth Justice ◽  
2020 ◽  
pp. 147322542091802
Author(s):  
Esther Fernández-Molina ◽  
María Bermejo ◽  
Olalla Baz
Keyword(s):  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Council Of Europe ◽  
Juvenile Courts ◽  
Child Friendly ◽  
European Standards

In 2010, the Council of Europe adopted Guidelines on child-friendly Justice. This means, inter alia, developing an accessible justice system and focusing on respecting children’s rights to participate in and to understand proceedings. This research was conducted to establish the implementation of child-friendly justice through 129 observations in the courtrooms of two Spanish juvenile courts. The findings show that attempts have been made to comply with European standards, especially by judges who have implemented the required adaptations and encouraged the participation of children. However, the infrastructure does not appear to be the most appropriate, and questionable practices have been identified.

An independent voice for children's rights in Europe? The role of independent children's rights institutions in the EU

2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Future Research ◽  
Annual Conference ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Distinctive Role ◽  
The Eu

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.

scholarly journals Harmful Commercial Marketing and Children’s Rights: For a Better Use of EU Powers

2020 ◽  
Vol 11 (4) ◽  
pp. 841-850
Author(s):  
Amandine GARDE
Keyword(s):  
Public Health ◽  
European Union ◽  
Children's Rights ◽  
Children’S Rights ◽  
Unhealthy Food ◽  
The European Union ◽  
Tobacco Products ◽  
Cross Border ◽  
The Eu

The marketing of tobacco, alcohol, unhealthy food and gambling services is harmful to public health, the European economy and sustainability. If the European Union (EU) has embraced the regulation of cross-border marketing for tobacco products for over two decades, it has consistently resisted evidence-driven calls to regulate the marketing of other harmful commodities, preferring instead to rely on ineffective industry pledges. This contribution reflects on why the EU has failed to use its competence to regulate cross-border marketing more systematically to protect health and highlights why the time is ripe to reconsider the issue, before concluding with a possible way forward.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

scholarly journals Political-constitutional Position And Organization of Local Self-government In the Republic of Kosovo

2021 ◽  
pp. 207-224
Author(s):  
Rijad Delić
Keyword(s):  
European Union ◽  
Social Context ◽  
The European Union ◽  
Council Of Europe ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Democratic State ◽  
The Social ◽  
The Law ◽  
The Republic

The paper analyzes the organization of local self-government in the Republic of Kosovo through the prism of the Constitution, the Law on Local Self-Government, and other laws that affect the work and functioning of municipalities. In the social context, local self-government is very important. Citizens exercise most of their rights through the competencies of local self-government. With the European Charter of Local Self-Government, the Council of Europe has set the standards of local self-government that are implemented by its members. Kosovo is not a member of the Council of Europe, but through UNMIK regulations and its normative acts, it applies the standards of the Charter. The Republic of Kosovo, with the help of the international community and non-governmental organizations, strives to become a modern, democratic state and a member of the European Union. Along the way, Kosovo is implementing the reforms needed to comply with EU acts. In addition to presenting the organization of local self-government in Kosovo, this paper intends to determine the extent to which the Law on Local Self-Government is harmonized with the European Charter of Local Self-Government.

scholarly journals Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

2017 ◽  
Vol 5 (3) ◽  
pp. 207-218 ◽  
Author(s):  
Helen Stalford ◽  
Liam Cairns ◽  
Jeremy Marshall
Keyword(s):  
Children's Rights ◽  
Pilot Project ◽  
Children’S Rights ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Starting Point ◽  
Child Friendly ◽  
Laws And Policies ◽  
Right To Information ◽  
The Right

Making the justice process ‘child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive ‘Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, ‘child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

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