Bosnia-Hercegovina edges closer to breaking up

2017 ◽  
Keyword(s):  
Social Problems ◽  
Constitutional Court ◽  
Content Type ◽  
State Institutions ◽  
Eu And Us ◽  
Republika Srpska

Subject Fallout from Bosnian Serbs’ celebration of national day on January 9. Significance The Day of Republika Srpska (RS) was celebrated in the Serb-dominated entity with great pomp and in open defiance of the Constitutional Court of Bosnia-Hercegovina (BiH), which had forbidden marking the Orthodox St Stephen’s Day (January 9) as a national holiday on the grounds that it discriminated against non-Serbs. The court has long been a thorn in the side of the Bosnian Croat and Serb leadership and is expected to be the next political battleground. The celebration also defied EU and US officials who had demanded that the court’s decision be respected. Impacts BiH’s deepening crisis is undermining state institutions at all levels and increasing its economic and social problems. Attempts by Croat or Serb leaders to move for independence could result in new violence. Growing tensions in and between Croatia, Serbia and Macedonia, and international divisions are supporting and even augmenting the crisis. Russian and Turkish influence in BiH may increase.

EU and US neglect will encourage Bosnia’s nationalists

2021 ◽  
Keyword(s):  
United States ◽  
The United States ◽  
Content Type ◽  
State Institutions ◽  
Ethnic Tensions ◽  
Eu And Us ◽  
Difficult Challenge ◽  
Council Of Ministers

Significance Bosnian Serb representatives are boycotting state institutions over the genocide law imposed by departing High Representative Valentin Inzko. Their leader, Milorad Dodik, is using it to promote his separatist message, which is inflaming inter-ethnic tensions and pitching Western and Eastern powers against each other. Impacts Facing waning influence and elections in 2022, Bosnia’s nationalists would rather deepen divisions than bridge them. The crisis is a difficult challenge for the United States and EU, and an opportunity for Russia, China and Turkey. Without a BiH Council of Ministers decision by end-September to extend temporary funding, state institutions may not pay salaries.

Boom will fail to put Romanian economy on firm footing

2018 ◽  
Keyword(s):  
Current Account ◽  
Business Leaders ◽  
Constitutional Court ◽  
Economic Management ◽  
Content Type ◽  
State Institutions ◽  
Public Projects ◽  
Current Account Deficits ◽  
Economic Imbalances ◽  
Institutional Boundaries

Subject Shortcomings in economic management. Significance Political tussles over the remit of corruption investigations and the consequences for politicians’ careers of their wrongdoing, as well as struggles over institutional boundaries between the Prosecutor’s Office, National Anti-corruption Directorate (DNA), justice ministry, Constitutional Court, presidency and parliament, have consumed much energy in recent years and threaten to engulf politics, with damaging consequences for the economy. Business leaders and economic analysts want attention shifted to addressing underlying economic imbalances, staving off inflation and runaway budget and current account deficits, and relaunching much-needed investment. Impacts An excessive public focus on individual politicians and senior officials is undermining state institutions. Higher inflation and external imbalances have re-emerged, pointing to underlying weaknesses in the economy. Capacity to deliver on vital public projects has been neglected, contributing to inadequate investment levels.

Bosnian Serbs are closest yet to seceding

2020 ◽  
Keyword(s):  
Foreign Policy ◽  
Member State ◽  
The State ◽  
Content Type ◽  
State Institutions ◽  
Economic Problems ◽  
Eu Foreign Policy ◽  
Take Back ◽  
Break Up ◽  
Republika Srpska

Subject Dodik’s latest threat to break up Bosnia. Significance Bosnian Serb politicians are blocking the work of state institutions, threatening to take back powers transferred to the state and mulling a secession referendum for the Serb-dominated Republika Srpska (RS) entity. Their demands are so radical as to preclude negotiations, let alone compromise. Impacts The secession issue will dominate all parties’ electioneering. Nationalism will distract from Bosnia’s socio-economic problems, which are not being addressed. Emigration, which has reduced the population by an estimated one-fifth since 1991, will continue. New EU foreign policy chief Josep Borell wants a “more decisive” foreign policy but will be held back by member state divisions.

Armenian government faces pressure to deliver change

2019 ◽  
Keyword(s):  
Party System ◽  
Prime Minister ◽  
Resistance To Change ◽  
Constitutional Court ◽  
Police Chiefs ◽  
Content Type ◽  
State Institutions ◽  
The Road ◽  
Political Party System ◽  
The Government

Significance Since coming into power on the back of public protests in April-May 2018, Prime Minister Nikol Pashinyan has committed to a robust overhaul of state institutions including the judiciary, where the Constitutional Court is a high priority. To move forward, the government has to tackle multiple legacy issues and resistance to change within state institutions. Impacts An all-new government faces teething problems including lack of capacity. The unexplained resignations of Armenia's intelligence and police chiefs hint at frictions within the governing team. Down the road, the government plans reforms to the electoral process and the political party system. Closed borders with Azerbaijan and Turkey are an obstacle to growth.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

scholarly journals KEWENANGAN BADAN PENGAWAS PEMILU DALAM PENANGANAN PELANGGARAN ADMINISTRASI DITINJAU DARI PERSPEKTIF SISTEM PERADILAN INDONESIA

2021 ◽  
Vol 2 (2) ◽  
pp. 74-85
Author(s):  
Alasman Mpesau
Keyword(s):  
Supreme Court ◽  
Descriptive Analysis ◽  
Supervisory Board ◽  
Electoral System ◽  
General Election ◽  
Judicial Power ◽  
Constitutional Court ◽  
State Institutions ◽  
The Supreme Court ◽  
Religious Courts

In the General Election and Regional Head Election Law, the Election Supervisory Board (Bawaslu) has the authority supervisory to each Election stages, it is the center for law enforcement activities of the Election (Sentra Gakkumdu) to criminal acts and carrying out the judicial functions for investigating, examining, and decided on administrative disputes of General Election and Regional Head Election.  With the Bawaslu’s authority then placed as a super-body institution in the ranks of the Election Management Body, due to its essential role in building a clean and credible electoral system, it also has potential for abuse of power within it. In Law no. 48 of 2009 concerning Judicial Power has defined state institutions that have the authority to administrate judicial functions. These are the Supreme Court and Judicial Bodies that under its lines of general court, Religious Courts, Military Courts, Administrative Court (PTUN) and the Constitutional Court. The research method is normative juridical, that focuses on the analysis of the laws and regulations on General Election, Regional Head Elections and the Law on Judicial Power. The analytical tool is descriptive analysis, by describing the main issues, an analysis is carried out that was supported by case-approach related to the research. The study concludes that Bawaslu in carrying out judicial functions in its position as a semi-judicial institution has not a hierarchical relationship to the Supreme Court (MA) and the Constitutional Court (MK); however, what does exist is functional relationship.

scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

scholarly journals A Search Warrant Submited Verbally and Legality of Evidence / Naredba za pretresanje na osnovu usmenog zahtjeva i zakonitost dokaza

2014 ◽  
Vol 4 (4) ◽  
pp. 114
Author(s):  
Veljko Ikanović
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Procedure Code ◽  
Search Warrant ◽  
Evaluation Of Evidence ◽  
Republika Srpska ◽  
Principle Of Legality

Criminal Procedure Code of Republika Srpska defines that a search of dwellings, other premises and persons can be permitted, with certain exceptions, only with a search warrant issued by the preliminary proceedings judge. A search warrant is issued under the conditions provided by the Code, at the request of the prosecutor or at the request of authorized officials obtained an approval by the prosecutor. A request for the issuance of a search warrant may be submitted in writing or verbally. If the request is submitted verbally, preliminary proceedings judge is obliged to record the communication appropriately, but the requesting official shall draft the warrant. Author of the paper deals with issues related to failure of the preliminary proceedings judge to record „all of the remaining communication“ after the verbally request for a search warrant was made, and judges influence to legality of evidence obtained on a basis of such a warrant. Observes all that trough the rules which are regulating the procedure, decisions of ordinary courts of law and the Constitutional Court of Bosnia and Herzegovina, trying to find an answer to the question: is the essence of this institute presented by its form or its contents. Proper implementation of evaluation of evidence and the possibility to use the evidence in criminal procedure, human rights protection, compliance of the principle of legality, and, very often, the epilogue of criminal procedure depends from the answer to this question.

The accountability process during the centrality of state institutional logics: a case from an African rural context

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ahmed Diab
Keyword(s):  
Institutional Logics ◽  
Corporate Accountability ◽  
Content Type ◽  
State Institutions ◽  
Study Approach ◽  
Control Practice ◽  
African Context ◽  
And Control

PurposeThis study investigates state institutions' influence on corporate accountability and control practices in a rural African context. Exploring the different rationales behind state existence in the context of sugar production in Egypt, this work clarifies how accountability is practised differently in the case of the high centrality of state logics in the business sector.Design/methodology/approachTheoretically, the study draws insights from the institutional logics perspective. Following the case study approach, data are collected through interviews, observations and documents.FindingsThe study found that state institutions can play a supportive rather than a mere constraining role in the management, accountability and control processes. Notably, it clarified how state-related institutions were highly central and influential in a way that enabled them to curb the (negative) influences of the community and business institutions. In this context, it is social – rather than functional – accountability which emerges as the central control practice to achieve answerability and enforcement.Originality/valueThus, this study's reported findings confirm the role of institutional (political) logics as supportive in society.

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