Recent Developments in the Ukrainian Judicial System and the Impact of International and European Law

2012 ◽  
Vol 26 (1) ◽  
pp. 93-114 ◽  
Author(s):  
Wolfgang Tiede ◽  
Oscar Rennalls
Keyword(s):  
Separation Of Powers ◽  
Judicial System ◽  
Council Of Europe ◽  
Constitutional Development ◽  
Sovereign State ◽  
The Rule Of Law ◽  
The Status ◽  
Recent Developments ◽  
Current Reform ◽  
The Impact

Ukraine’s judicial system is still shackled by its Soviet past. Despite gaining independence in 1991, it is not surprising that this new sovereign state could not usher in overnight a new judicial system firmly based on the rule of law and the separation of powers. The author assesses current reform efforts in the Ukrainian justice sector in light of several European Union and Council of Europe recommendations for further steps in the constitutional development of Ukraine. Key reforms are analysed including the implications of the “small justice reform” of 2002 and the draft law on the judiciary and the status of judges. As Ukraine does not have an explicit strategy on Justice and Home Affairs, which makes any such analysis of recent justice reforms more difficult, its obligations in this area under several EU-Ukraine treaties and joint projects will be analysed.

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

Judicial Independence: Who Cares?

2007 ◽  
Author(s):  
Neil MacCormick
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
England And Wales ◽  
The Rule Of Law ◽  
Recent Developments ◽  
Constitutional Changes

This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional changes also led to new relationships between ministers and judges, which in turn has led to governmental declarations to respect the rule of law and judicial independence. The lecture also stresses the importance of considering and re-asserting the principles that justify judicial independence, as well as the underlying concept of separation of powers.

20. Human Rights IV: The Impact of the Human Rights Act 1998

2021 ◽  
pp. 528-578
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Common Law ◽  
The Rule Of Law ◽  
The Status ◽  
Legislative Policy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Executive Action ◽  
The Common ◽  
The Impact

This chapter analyses some of the leading cases in which the courts addressed different aspects of the Human Rights Act 1998, and draws out the constitutional implications of the courts’ initial conclusions. The discussions cover the interlinked issues of the extent to which the courts have recognised a distinction between Convention articles and Convention Rights, the approach taken to statutory interpretation mandated by s 3, and the use of Declarations of Incompatibility under s 4; the doctrine of judicial ‘deference’ to legislative policy decisions; the ‘horizontality’ of the Act and its impact on the development of the common law; and the status of proportionality as a ground of review of executive action. The chapter concludes with an assessment of whether the Act has triggered a shift in understandings on the proper scope of the doctrines of the sovereignty of Parliament and the rule of law within the modern constitutional order.

Introduction

2020 ◽  
pp. 1-24
Author(s):  
Elke D’hoker ◽  
Chris Mourant
Keyword(s):  
Nineteenth Century ◽  
Short Story ◽  
Short Fiction ◽  
Literary Form ◽  
Periodical Studies ◽  
The Status ◽  
Recent Developments ◽  
Material Turn ◽  
And Function ◽  
The Impact

This chapter provides an overview of the methodological and historical frames that inform the book’s analysis of the manifold interactions between the short story and British magazine culture, from 1880 to 1950. It discusses the material turn in short fiction studies which has led to a better understanding of the impact of publication contexts on the production, reception and development of the short story. This holds true in particular for the role magazines played in the emergence of the modern short story as a specific and successful literary form in the final decades of the nineteenth century. The chapter also presents an overview of recent developments in periodical studies, providing useful methodological tools for analysing the status, presentation and function of a particular genre within the heterogeneous, dialogic and time-bound format of the periodical.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

scholarly journals Rule of Law and Its Guidelines and Indicators for Judiciary in Human Rights Issues

2016 ◽  
Vol 10 (1) ◽  
pp. 98
Author(s):  
Ebad Rouhi ◽  
Leila Raisi Dezaki ◽  
Mahmoud Jalali Karveh
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Public Law ◽  
Judicial System ◽  
The Rule Of Law ◽  
The Relationship ◽  
Domestic Level ◽  
Rights Issues

The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light of exercise of these guidelines human rights are better protected and promoted.These instructions and guidelines generally are provided in international and regional human rights instruments to enforce in every sector of the state and especially for judges and judicial power to protection and promotion of human rights. This article investigates the relationship between rule of law and judicial system to introduce some measures and indicators of the rule of law to enforce them in the judiciary for better protection and promotion of human rights.

21. Human Rights V: The Impact of the Human Rights Act 1998

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Common Law ◽  
The Rule Of Law ◽  
The Status ◽  
Legislative Policy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Executive Action ◽  
The Common ◽  
The Impact

This chapter analyses some leading cases wherein the courts addressed different aspects of the Human Rights Act 1998, and draws out the constitutional implications of the courts’ initial conclusions. The discussions cover the interlinked issues of the extent to which the courts have recognised a distinction between Convention articles and Convention Rights, the approach taken to statutory interpretation mandated by s 3, and the use of Declarations of Incompatibility under s 4; the doctrine of judicial ‘deference’ to legislative policy decisions; the ‘horizontality’ of the Act and its impact on the development of the common law; and the status of proportionality as a ground of review of executive action. The chapter concludes with an assessment of whether the Act triggered a shift in understandings on the proper scope of the doctrines of the sovereignty of Parliament and the rule of law within the modern constitutional order.

The Framework of the Right to Defence in Palestine: Legal Rationale and Practical Implementation

2014 ◽  
Vol 14 (6) ◽  
pp. 1150-1176
Author(s):  
Julia Rutz*
Keyword(s):  
Rule Of Law ◽  
Practical Implementation ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Palestinian Territories ◽  
Legal Situation ◽  
The Status ◽  
Recent Developments ◽  
The Right ◽  
Current Rule

Despite Palestine’s endeavour to seek full UN membership and herewith gain the support of the international community, strong tendencies towards violating basic fair trial principles can be observed on the ground. This article provides an in-depth exploration of the current Rule of Law building efforts in the occupied Palestinian Territories by an exemplary analysis of the status of the right to defence. The study examines the legal situation of the right to defence in Palestine and how those regulations are interpreted and applied in everyday practice. Considering recent developments of access to legal defence and legal aid on the UN and EU level, this article demonstrates the importance of granting comprehensive access to defence as part of the rule of law building efforts, and also underlines the necessity of its application during the early stages of criminal procedure.

scholarly journals EU Equality Law

2018 ◽  
Author(s):  
Elise Muir
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Domestic Sphere ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Central Case ◽  
New Generation ◽  
The Impact ◽  
The Eu

In the early days, a choice was made not to entrust the EU with competences allowing it to protect against violations of fundamental rights per se. This task was placed in the hands of the Council of Europe. Although this choice has not been called into question, the EU has developed a broad range of instruments to respond to the impact of its activities on fundamental rights and a mechanism for surveillance of compliance with the rule of law. One trend that has been subject to little attention, and to which this book is devoted, is the exercise by the EU of a new generation of competences that allow for the development of tools explicitly designed to flesh out as well as to promote selected fundamental rights. The exercise of such competences, of which EU equality law as it has blossomed since the late 1990s is the most ancient example and therefore the central case study, triggers a number of constitutional questions. The sophisticated and powerful infrastructure of the EU legal order is thereby used to promote a given conception of a fundamental right, to define how it relates to others, and also to elaborate mechanisms for these approaches to permeate domestic legal cultures. This monograph explores the implications of this very symbolic and equally sensitive form of law-making. Particular attention is devoted to the complex relationship between primary and secondary law as well as to the importance of stimulating reflection on fundamental rights within the domestic sphere.

Sign in / Sign up

Export Citation Format

Share Document