Download or read book Control of the Execution of Judgments written by Titus Corlățean and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The control mechanism established by the European Convention on Human Rights plays a key role in the preservation of democracy and the rule of law at European level. In this context, the European Court assumed the role to ensure an effective protection of the fundamental rights and freedoms, according to the principle of the "practical effect." The Convention is a living instrument which must be interpreted in the light of the changes occurring in society, especially as it was intended to guarantee "not rights that are theoretical and illusory but rights that are practical and effective." The Court holds that "regard has to be held to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole." In both cases, the state enjoys a certain margin of appreciation in determining the provisions to be adopted in order to ensure the conformity with the European Convention. In this way, one may hope to see the perpetuation of the general spirit of a Convention protecting not only the human rights but also "the ideals and values of a democratic society."
Download or read book Control of the Execution of Judgments and Decisions Under the European Convention of Human Rights written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Control of the Execution of Judgments and Decisions Under the European Convention of Human Rights written by Council of Europe. Committee of Ministers and published by . This book was released on 2000 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Execution of Judgments of the European Court of Human Rights written by Elisabeth Lambert-Abdelgawad and published by Council of Europe. This book was released on 2008-01-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
Download or read book A Comparative View on the Execution of Judgments of the European Court of Human Rights written by Tom Barkhuysen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the general effect of the European Convention of Human Rights (ECHR or Convention) on national law has been the topic of much research, little attention has been paid to the execution of individual judgments of the European Court of Human Rights (ECtHR or Court). With regard to the execution of judgments, two levels can be distinguished. The first level is the execution of the judgment in the individual case. Which remedies are offered to the applicant who has taken the long road to Strasbourg and has finally-mostly after many years-won his or her case? Does the applicant see any improvement in his or her legal position? Does he or she obtain real reparation? The second level is State compliance in a more abstract or general sense. What are the more general effects of judgments in which the Court finds a violation of the Convention? In other words: which measures does the contracting State have to take in order to prevent future violations in similar cases? Proper execution of Strasbourg judgments is highly important; both for the applicant who has won his or her case, and for the development of the national legal order concerned, in order to prevent future violations. The international control over the observance by States of human rights treaties by means of individual applications does not only aim at general effects (recours objectif), the control also aims at 'doing justice' in individual cases (recours subjectif). Therefore the execution of Strasbourg judgments deserves much more structural attention than it has received so far. Important questions to be answered are: (a) how Strasbourg judgments are implemented in the various national legal orders of the Member States of the Council of Europe, (b) whether there is a need to improve this implementation, and if so, and (c) how such improvement can be achieved. In this respect, it is also important to determine which remedies are - or must be available to third parties - that is, those persons whose cases were not decided in Strasbourg but where a violation of the Convention has nevertheless occurred, as may be concluded from a similar or parallel case that has been decided inStrasbourg. This paper will deal with the execution of Strasbourg judgments, both in individual cases and in a more general sense, where the prevention of future violations is concerned. This will be done from a non-United Kingdom perspective. Without going into the details of the practices of the various Council of Europe States, we will try to outline some general characteristics and trends with regard to the execution of Strasbourg judgments. In doing so-witness our choice of examples used-we put in evidence our Dutch background. Yet the Dutch examples also illustrate the problems and solutions possible in other Council of Europe States. The aim of this chapter is to provide a basis for further research and, possibly, improvements in (State) practice with regard to the execution of ECtHR judgments.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Enforcement of a Judgment written by Claire Sandbrook and published by . This book was released on 2015-12-31 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Navigation by Judgment written by Dan Honig and published by Oxford University Press. This book was released on 2018-03-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign aid organizations collectively spend hundreds of billions of dollars annually, with mixed results. Part of the problem in these endeavors lies in their execution. In Navigation by Judgment, Dan Honig argues that high-quality implementation of foreign aid programs often requires contextual information that cannot be seen by those in distant headquarters. Drawing on a novel database of over 14,000 discrete development projects across nine aid agencies and eight paired case studies of development projects, Honig shows that aid agencies will often benefit from giving field agents the authority to use their own judgments to guide aid delivery. This "navigation by judgment" is particularly valuable when environments are unpredictable and when accomplishing an aid program's goals is hard to accurately measure. Highlighting a crucial obstacle for effective global aid, Navigation by Judgment shows that the management of aid projects matters for aid effectiveness.
Download or read book Supervision of the Execution of the Judgments of the European Court of Human Rights 2nd Annual Report 2008 written by Council of Europe Staff and published by Council of Europe. This book was released on 2009-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This annual report presents the Committee of Ministers' activities in 2008 concerning the supervision of the execution of the judgments of the European Court of Human Rights. It underlines the very close links between good execution, the proper implementation of the European Convention on Human Rights in the Council of Europe's member states and the case-load of the European Court of Human Rights. The report contains an introduction by the Chairs of the special Human Rights meetings held by the Committee of Ministers to supervise the execution process and a number of remarks by the Director General of Human Rights and Legal Affairs regarding developments in 2008. The execution process and ongoing reform work are also described. Appendices present detailed statistical information, both in general and by state. An important appendix is the thematic overview of major developments in the execution of pending cases. Themes relate to such matters as actions of security forces, detention, aliens, the functioning of the judiciary, freedom of religion, expression and association, the right to property, discrimination, etc. The Committee of Ministers' recent Recommendation (2008)2 is also presented. This text provides a number of recommendations to member states to improve their capacity to implement the judgments of the European Court of Human Rights (e.g. to designate a co-coordinator of the execution process). This is the second report since the Committee of Ministers decided in 2006 to publish annual reports (see Rules of the new Rules for the supervision of the execution of judgments of the European Court of Human Rights and of the terms of friendly settlements). The first report, for 2007, was presented in March 2008.
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.
Download or read book Judgment written by Noel M. Tichy and published by Penguin. This book was released on 2007-11-08 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With good judgment, little else matters. Without it, nothing else matters.” Whether we’re talking about United States presidents, CEOs, Major League coaches, or wartime generals, leaders are remembered for their best and worst judgment calls. In the face of ambiguity, uncertainty, and conflicting demands, the quality of a leader’s judgment determines the fate of the entire organization. That’s why judgment is the essence of leadership. Yet despite its importance, judgment has always been a fairly murky concept. The leadership literature has been conspicuously quiet on what, exactly, defines it. Does judgment differ from common sense or gut instinct? Is it a product of luck? Of smarts? Or is there a process for making consistently good calls? Noel Tichy and Warren Bennis have each spent decades studying and teaching leadership and advising top CEOs such as Jack Welch and Howard Schultz. Now, in their first collaboration, they offer a powerful framework for making tough calls when the stakes are high and the right path is far from obvious. They show how to recognize the critical moment before a judgment call, when swift and decisive action is essential, and also how to execute a decision after the call. Tichy and Bennis bring their three-dimensional model to life with interviews with world-class leaders who have thrived or suffered because of their judgment calls. These stories include: • Jeff Immelt, CEO of General Electric, whose judgment to grow through research and development transformed GE into the world’s premier technology growth company. • Joel Klein, chancellor of the New York City Department of Education, who made tough calls about teachers, students, and parents while turning around a troubled school system. • Jim McNerney, CEO of Boeing, whose strategic judgment helped him reinvigorate his company and restore a culture of trust and respect. • The late general Wayne Downing, who found an unexpected opportunity in the midst of crisis when he led the Special Operations raid to capture Manuel Noriega. • A. G. Lafley, CEO of Procter & Gamble, who bet $57 billion to purchase Gillette and reinvent his company. • Brad Anderson, CEO of Best Buy, who made the call to commit totally to a customer-centric strategy and led his people to execute it. Whether you’re running a small department or a global corporation, Judgment will give you a framework for evaluating any situation, making the call, and correcting if necessary during the execution phase. It will show you how to handle the overlapping domains of people, strategy, and crisis management. And it will help you teach your entire team to make the right call more often. No organization can afford to neglect this crucial discipline—and no previous book has ever brought it into such clear focus.
Download or read book Standards for Internal Control in the Federal Government written by United States Government Accountability Office and published by Lulu.com. This book was released on 2019-03-24 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers? Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
Download or read book From Judgment to Justice written by David C. Baluarte and published by . This book was released on 2010 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.
Download or read book The New York Supplement written by and published by . This book was released on 1919 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies)
