Terrorist Offenses and Juveniles – a Comparison between Germany and Turkey

Terrorism criminal law and juvenile criminal law are branches of law that modify default criminal law provisions. In terms of their goals, these approaches mostly oppose each other. While the primary purpose of terrorism law is to meet the security needs of society, juvenile criminal law serves the privileged interests of juveniles and their reintegration to that society. With increasing active recruiting of juveniles by terrorist organizations, the question arises of what legal systems are doing in the face of juvenile terrorist offenses. This paper analyses and compares legal responses to terrorist crimes by juveniles in Germany and Turkey. The authors conclude that in Germany juvenile terrorist offenses are granted the benefits of juvenile criminal law to a higher degree than in Turkey. This has various legal and extra-legal reasons; however, in both legal systems reforms seem necessary to react more adequately to this troubling form of juvenile delinquency.

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

A Distinct Right to Freedom of Thought in South America

The right to freedom of thought is guaranteed by Article 13 of the American Convention on Human Rights, yet current jurisprudence interprets the right as a mere dimension of freedom of expression, also protected by Article 13. Contemporary neurotechnology research presents the possibility for human thoughts to be tracked, recorded, analysed and predicted. This applies pressure upon the Inter-American Court of Human Rights’ current understanding of the right to freedom of thought. Firstly, this paper will examine how Article 13 has been interpreted by the Inter-American Court of Human Rights at different stages of its jurisprudence. Secondly, by considering both technological advances and the other rights guaranteed by the Convention, this paper argues for an evolution in the interpretation of Article 13 whereby the right to freedom of thought is understood as a distinct right, separate from freedom of expression. Finally, this paper proposes that the positive duty to secure Convention rights requires States to enact preventative legislation and regulations. Existing bioethics principles should be drawn upon to inform human rights-compliant laws and regulations that require the architectural design of technologies to limit the potential to infringe upon freedom of thought.

From China’s “Political Meritocracy” to “Just Hierarchy”: the Elusive Search for a Viable Post-Democratic Governance Regime in the Era of Coronavirus

Students of comparative constitutional design grapple with myriad complex normative and empirical issues. Prominent among them is the relative effectiveness of different governance regimes. Concerns stemming from the perceived malfunctioning of modern democracies have intensified efforts to diagnose and rectify the supposedly proliferating ills. The seemingly solid post-1978 Chinese record of steadily managing intricate societal challenges has highlighted the possible advantages of the country’s tightly controlled top-down institutional apparatus and its potential value as a model worth broadly exploring and even embracing on a meaningful scale. This view, authoritatively and vigorously articulated by an influential and prolific political philosopher and his academic associates, has evolved to a point whereby the Chinese constitutional order and contemporary experience are portrayed as being capable of fruitfully supplanting democratic structures or, alternatively, productively revitalising them. Yet, on the whole, this remains a controversial politico-legal proposition, conceptually problematic and lacking sufficient factual support.

Tax Optimization in the Modern Tax System Under the Influence of Digitalization: Russian Case Study

The article considers the importance and methods of organizing tax planning as an effective way to optimize tax payments under the influence of the global digitalization of the economy on the example of the Russian legal system in a comparative perspective. At the same time, the article examines the issues of counteracting abuse in the field of taxation. Current research substantiates the expediency of introducing the category of tax optimization into scientific circulation is and establishes its criteria. To understand the prospects of domestic taxation mechanisms, they are considered in comparison with similar mechanisms of other states and the legal regulation of foreign countries of Europe (European Union), the United States, as well as respecting the initiatives and solutions of international organizations (oecd, European Commission) in the plane examined. A macroeconomic assessment of the effectiveness of the use of digital tax administration is carried out and the stages of its institutional development are highlighted. Digital technologies ensure the increase in the collection of taxes and other obligatory payments, reducing labor costs for tax control, and reducing an administrative burden on business. The main approaches to the digital transformation of the modern tax system are considered, new innovative developments and digital technologies in Russia are highlighted. It is noted that at present, the Russian tax system, in the context of the development of the digital economy, is moving from an electronic to a “proactive state”.

Freedom of Thought in the United States: The First Amendment, Marketplaces of Ideas, and the Internet

Freedom of thought is not directly protected as a right in the United States. Instead, US First Amendment law protects a range of rights that may allow thoughts to be expressed. Freedom of speech has been granted especially robust protection. US courts have extended this protection to a wide range of commercial activities judged to have expressive content. In protecting these rights, US jurisprudence frequently relies on the image of the marketplace of ideas as furthering the search for truth. This commercial image, however, has increasingly detached expressive rights from the understanding of freedom of thought as a critical forum for individual autonomy. Indeed, the commercialisation of US free speech doctrine has drawn criticism for “weaponising” free speech to attack disfavoured economic and regulatory policies and thus potentially affecting freedom of thought adversely. The Internet complicates this picture. This paper argues that the Supreme Court’s expansion of the First Amendment for the benefit of commercial actors lies in the problematic tension with the justification for individual freedom of thought resting in personal self-direction and identity.

Evolution: Police Cooperation in the EU

Cooperation is key to policing and keeping mankind safe and secure; this includes protecting citizens from various crimes, including terrorist attacks. However, it is not an easy feat to always achieve – as is explained within this paper. The related research considers the complexities and challenges of sharing and coordinating across divides – or, in other words, cooperating across borders (be they open or closed). Specifically, it discusses the advancements made between one bloc of countries – the European Union; and, how the evolutionary process has aided to expand cooperative community practices via various means between the police and other lea’s. As part of this, transport and movement are viewed as an essential element to be discussed and factored in. Finally, the paper considers the, arguably, devolutionary position of the UK and the implications – post 2020, in terms of marking a ‘potentially’ regressive position, one that stands to compromise safety and security.

The Right to Freedom of Thought in the United Kingdom

The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.