Download or read book Restorative Justice at a Crossroads written by Giuseppe Maglione and published by Taylor & Francis. This book was released on 2024-02-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on the institutionalisation of restorative justice over the last 20 years and offers a critical analysis of the qualitative consequences generated by such a process on the normative structure of restorative justice, and on its understanding and uses in practice. Bringing together an international collection of leading scholars, this book provides a range of context-sensitive case studies that enhance our understanding of the development of international, national and institutional policy frameworks for restorative justice, the mainstreaming of practices within the criminal justice system, the proliferation of cultural, social and political co-optations of restorative justice and the ways in which the formalisation of the restorative justice movement have affected its values, aims and goals.

Download or read book Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation written by Maria Rogacka-Rzewnicka and published by BRILL. This book was released on 2024-09-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities’ principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance. This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.

Download or read book Revisiting Judicial Politics in the European Union written by Mark Dawson and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Download or read book Building Trust Effective Communication and Transparency Between Police and Community Members written by Bush, Christopher Lee and published by IGI Global. This book was released on 2024-02-14 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is confined to a stagnant past, unable to cope with the effects of change affecting our rapidly evolving world. American citizens have long advocated for a comprehensive transformation of this system, but its archaic practices, policies, and procedures persist despite the advancements that have reshaped every aspect of our lives. The consequence is a deep-seated mistrust among professionals and communities, leaving us at a critical crossroads. The time for change is overdue, and the demand for research, innovation, and a bridge between law enforcement and the community has never been more pressing. Building Trust, Effective Communication, and Transparency Between Police and Community Members offers a much-needed solution to this pressing issue. This book is a comprehensive resource designed to bridge the gap between police and the community, addressing the vital nexus of technology and justice. With a focus on prevention, awareness, and intervention practices deeply entwined with technological advancement, we chart a path forward for a reformed criminal justice system.

Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

Download or read book Arbitration as Balanced Administration of Justice written by Massimo Benedettelli and published by BRILL. This book was released on 2024-08-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.

Download or read book Roma Tre Law Review 02 2023 written by and published by Roma TrE-Press. This book was released on 2024-02-07 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.

Download or read book Complex Intelligent and Software Intensive Systems written by Leonard Barolli and published by Springer Nature. This book was released on 2023-06-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to deliver a platform of scientific interaction between the three interwoven challenging areas of research and development of future ICT-enabled applications: software intensive systems, complex systems and intelligent systems. Software intensive systems are systems, which heavily interact with other systems, sensors, actuators, devices, other software systems and users. More and more domains are involved with software intensive systems, e.g., automotive, telecommunication systems, embedded systems in general, industrial automation systems and business applications. Moreover, the outcome of web services delivers a new platform for enabling software intensive systems. Complex systems research is focused on the overall understanding of systems rather than its components. Complex systems are very much characterized by the changing environments in which they act by their multiple internal and external interactions. They evolve and adapt through internal and external dynamic interactions. The development of intelligent systems and agents, which is each time more characterized by the use of ontologies and their logical foundations, builds a fruitful impulse for both software intensive systems and complex systems. Recent research in the field of intelligent systems, robotics, neuroscience, artificial intelligence and cognitive sciences are very important factor for the future development and innovation of software intensive and complex systems.

Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.

Download or read book The Italian Parliament in the European Union written by Nicola Lupo and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

Download or read book EMU Integration and Member States Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

Download or read book Constitutional Law in Italy written by Valerio Onida and published by Kluwer Law International B.V.. This book was released on 2024-06-17 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Download or read book Executive legislative Im balance in the European Union written by Diane Fromage and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later the contributions to this edited volume examine – for the first time in such an extensive breadth and from a multi-level and cross-policy perspective – whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an 'admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon'. This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality.

Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Download or read book Federalism in the European Union written by Elke Cloots and published by Bloomsbury Publishing. This book was released on 2012-09-03 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Download or read book Dialogues on Italian Constitutional Justice written by Vittoria Barsotti and published by Routledge. This book was released on 2021-04-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

Download or read book The Role of the Regions in EU Governance written by Carlo Panara and published by Springer Science & Business Media. This book was released on 2010-11-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.