judicial procedures
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2021 ◽  
Vol 29 (1) ◽  
pp. 97-114
Author(s):  
Amalija Maček ◽  
Helena Biffio Zorko

Modern society is changing and becoming increasingly multilingual and multicultural. There is a growing need for interpreting in different contexts and for languages that were previously rarely required in the Slovene context (e.g., Albanian, Arabic, and Persian). This paper is based on the premise that if higher interpreter education is to be performed ethically, it must respond to these changes within its capacity and educate interpreters for the languages and fields that society actually needs, thus ensuring respect of human rights in medical, asylum or judicial procedures. In the past, interpreter training at the University of Ljubljana was limited to conference interpreting. However, due to changes in practice the Faculty of Arts has responded to the emerging needs and also formed educational modules for interpreters working in court and asylum procedures, state administration and in medical settings. It continues to invest efforts to expand the range of language combinations to include languages of lesser diffusion, and to offer quality interpreter training to the interpreters of Slovenian sign language. In the academic environment, we are also constantly confronted with internal ethical dilemmas related to the assessment, enrolment, and accreditation processes. It is the latter that significantly slow down the response of the Faculty to needs in society. Despite the numerous administrative, financial and human resources challenges, we may conclude that the Faculty of Arts is committed to investing its maximum efforts and responding with a high level of awareness to the changing interpreting profession which has experienced, through the rapidly growing use of online interpreting platforms, the greatest leap since the introduction of simultaneous interpreting. All this can only be achieved in close cooperation with all the related stakeholders: professional associations, long-standing external trainers and state authorities.


2021 ◽  
pp. 295-322
Author(s):  
José Rafael Gómez Biamón

The Ladins of Trentino-Alto Adige/Südtirol are an ethnic minority with an ancient history, located in the Dolomites Mountains, a place associated with extreme beauty and rugged land. Under the Italian Constitution, Ladins have acquired several legal rights connected with their language and history.Ladins have a history dating to the Roman Empire. Located in a strategic place, with Alpine valleys and mountain paths that connect the Italian Peninsula with Central Europe, several Germanic tribes after the end of the Roman Empire invaded and established themselves in the zone, enforcing their customs and laws. Those so-called “barbaric laws” together with Carolingian and Ecclesiastical law gave birth to a particular system of law during the Middle Ages.Afterward, Ladins became part of the Holy Roman Empire, and later, part of the House of Habsburg. During the aftermath of World War I, Italy obtained the region from the Austrian-Hungarian Empire in the peace treaty of Saint Germain-en-Laye of 1919.The Italian experience with the Ladins started soon after World War I with several publications taking the task of understanding the origins of their language and its people. Ever since, Italian interest in the Ladins has not ceased. In 1998 the Italian Constitutional Court recognized the Ladin people their right to be represented in regional institutions, answering to the historical and social reality of Alto Adige/Südtirol.Consequently, the legal resilience of the Ladins gives testimony of a long history of peaceful victories for their rights, associated with the Ladin language, in the context of judicial procedures, political participation, and legislation.In comparison, Ladins living in other regions of Italy like Veneto and Friuli Venezia Giulia have not reached the same level of autonomy and privileges as those in Trentino-Alto Adige/Südtirol.


2021 ◽  
Author(s):  
Leonie Huijbers

Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.


Author(s):  
Юлия Борисовна Круглова ◽  
Оксана Викторовна Мисякова

The article discusses contemporary problems of developing constitutional principles of improving judicial procedures in the Russian Federation and the influence of constitutional principles on judicial proceedings.


2021 ◽  
Vol 18 (3) ◽  
pp. 301-312
Author(s):  
P. E. Spiridonov

The subject of research in this paper is the administrative-procedural form and stages of the administrative process. The purpose of the study is to analyze the essential characteristics of the administrative-procedural form and stages. It is stated that the evolution of the administrative process and administrative-procedural legal relations entailed changes in the administrative-procedural form, which were influenced by changes in the political system and the system of public administration in the Russian Federation. It is concluded that the improvement of the administrative process and its form ensures compliance with both the interests of the state and society, as well as the rights and legitimate interests of citizens. Attention is drawn to the fact that one of the characteristic features of administrative-procedural legal relations that distinguish it from other types of procedural legal relations – arbitration, civil, criminal, constitutional, is the administrative-procedural form, which is characterized by out-of-court, pre-trial and judicial procedures of proceedings in an administrative case, due to the specifics and features of its subject. The author notes that the administrative-procedural form is an external expression of administrative-procedural activity, and the stages are its internal content. At the same time, the stages of the administrative process are separate, but interrelated stages consisting of administrative procedural actions united by common tasks and intermediate and final administrative procedural decisions, procedural deadlines. Attention is drawn to a certain specificity of the stages of the administrative process, which consists in the fact that they cannot be clearly divided into judicial and pre-trial stages, as it is in the criminal process. The system of stages of the administrative process should be the same for all types of administrative proceedings, since this follows from the principle of self-similarity, when the particular comes from the general and corresponds to it. To determine the place of administrative judicial procedure in the administrative process, it is necessary to understand that the court, as a subject of administrative procedural legal relations, can enter into the process at different stages, and it is not the only subject of administrative procedural relations that makes legally significant procedural decisions. The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.


2021 ◽  
Vol 11 (4) ◽  
pp. 27-49
Author(s):  
T.V. SAKHNOVA

The development of judicial procedures is an indicator of increasing complexity of civil procedure, a clear manifestation of the general pattern – unification and differentiation of civil procedural form. And one of the main tasks of the legislator is to make sure that the objective complexity of the legal space does not lead to complication of the access to judicial protection for interested persons. This thesis, put forward by the author, acts as one of the key ideas of this study and is disclosed in the article in terms of “incomplete” judicial procedures. The “incomplete” judicial procedures, according to the author’s conception, include simplified proceedings, absentee proceeding, court-ordered proceedings and proceedings on insignificant claims. The latter should be understood as proceedings before a justice of the peace in action cases (see clauses 2–5 part 1 of Article 23 of the Civil Procedure Code of the RF). In conclusion it is concluded that the procedural nature of the Russian process, laid down in the codes of the early 20th century, now acquires conceptual importance, which requires a different methodology to solve current legislative problems. The procedures we have considered is a “litmus test” of the methods of justice, which allows us to comprehend the general vector of the further path of civilizational process reform.


2021 ◽  
Vol 17 (2) ◽  
pp. 14-21
Author(s):  
A. V. Makutchev

The article is devoted to the analysis of the provisions of one of the most important sources of early medieval European law, but little studied in Russian historiography – Ripuarian Law, namely, aspects of judicial proceedings. The aim of the study was to identify both the general features of the judicial process that were perceived by the Ripuarian Franks from the legislation of the Salic Franks, in particular, the Salic Law, and the features that reflect aspects of the socio-economic development of Ripuaria. In the course of the study, firstly, the provisions of the Ripuarian Law were identified, which correspond to the existing ideas about the legal proceedings of the Franks – about the procedure for summoning to court, about the types of evidence, etc.; Secondly, in accordance with the purpose of the study, deviations from the practice of legal proceedings adopted by the Salic Franks were identified, which are characteristic of the Ripuarian Franks and are subject to study in conjunction with them (in particular, a certain simplification of judicial procedures, attention to certain types of evidence, etc.).


2021 ◽  
Author(s):  
Mariyana Shirvanyan ◽  
◽  
Vladimir Danev ◽  

This report examines mediation as a legal institution that provides additional, in addition to judicial procedures, opportunities for resolving conflicts and in this aspect guarantees the protection of the rights of individuals.


2021 ◽  
Author(s):  
Mariyana Shirvanyan ◽  
◽  
Vladimir Danev ◽  

This report examines mediation as a legal institution that provides additional, in addition to judicial procedures, opportunities for resolving conflicts and in this aspect guarantees the protection of the rights of individuals.


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