8

resultat(er)

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Mapping the Representation of Women and Men in Legal Professions Across the EU

02-08-2017

Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints.

Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints.

Ekstern forfatter

Yvonne Galligan, Renate Haupfleisch, Lisa Irvine, Katja Korolkova, Monika Natter, Ulrike Schultz, Sally Wheeler

The Frozen Conflicts of the EU's Eastern Neighbourhood and Their Impact on the Respect of Human Rights

08-04-2016

The present study provides a detailed overview of the actual human rights situation in the frozen conflict regions of EU’s Eastern neighbourhood, namely in Crimea, Transnistria, Abkhazia, South Ossetia and Nagorno-Karabakh. The focus of the analysis is on the access to the justice system, as well as on the abilities of the de jure or de facto authorities to administer justice. Particular attention is paid to Crimea because the rapidly worsening human rights situation there affects far more people ...

The present study provides a detailed overview of the actual human rights situation in the frozen conflict regions of EU’s Eastern neighbourhood, namely in Crimea, Transnistria, Abkhazia, South Ossetia and Nagorno-Karabakh. The focus of the analysis is on the access to the justice system, as well as on the abilities of the de jure or de facto authorities to administer justice. Particular attention is paid to Crimea because the rapidly worsening human rights situation there affects far more people than the population of the other four frozen conflicts combined. International community actions, as well as the role of civil society in protecting human rights are also analysed.

Ekstern forfatter

Andras RACZ (Finnish Institute of International Affairs, Finland)

Civil Judicial Expertise in the EU: Analysis of EU Legislation and Recommendations

29-05-2015

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further develop a genuine European area of civil justice. It concludes that, while existing EU law is largely satisfactory, there are still major issues, and that EU action would be necessary to address them.

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further develop a genuine European area of civil justice. It concludes that, while existing EU law is largely satisfactory, there are still major issues, and that EU action would be necessary to address them.

Ekstern forfatter

Gilles Cuniberti

Legal Instruments and Practice of Arbitration in the EU (Study, Annex, Questionnary, Answers to Questionnary)

15-01-2015

Upon request by the JURI Committee, this study investigates the law and practice of arbitration across the European Union and Switzerland. It includes an in-depth examination of the practice and the laws relating to arbitration in each Member State of the European Union and Switzerland, as well as an examination of the involvement of Member States and the European Union in arbitration. While substantial harmony exists across the European Union at both the level of law and practice, the Study finds ...

Upon request by the JURI Committee, this study investigates the law and practice of arbitration across the European Union and Switzerland. It includes an in-depth examination of the practice and the laws relating to arbitration in each Member State of the European Union and Switzerland, as well as an examination of the involvement of Member States and the European Union in arbitration. While substantial harmony exists across the European Union at both the level of law and practice, the Study finds that arbitration in the European Union is predominantly regional, rather than transnational. It also concludes that investment arbitration is often a beneficial feature of investment agreements, although the terms of such agreements must be carefully designed.

Ekstern forfatter

Tony COLE, Ilias BANTEKAS, Federico FERRETTI, Christine RIEFA, Barbara WARWAS and Pietro ORTOLANI

Proceedings of the Workshop on "South Sudan: Enhancing Capacities for Human Rights"

27-03-2013

As the newest country in the world and one emerging from decades of conflict and hardship, South Sudan faces many challenges, including its capacity to promote and protect human rights. The participants in the workshop 'South Sudan: Enhancing capacities for human rights', which took place on 19 March 2013, confirmed that the country's principal problems associated with human rights included lack of laws, protection mechanisms and expertise. Participants offered suggestions for tackling the obstacles ...

As the newest country in the world and one emerging from decades of conflict and hardship, South Sudan faces many challenges, including its capacity to promote and protect human rights. The participants in the workshop 'South Sudan: Enhancing capacities for human rights', which took place on 19 March 2013, confirmed that the country's principal problems associated with human rights included lack of laws, protection mechanisms and expertise. Participants offered suggestions for tackling the obstacles, such as technical assistance for institutions and training for civil society.

Ekstern forfatter

Expedit KKAAYA (Access to Justice Programme of RCN Justice & Démocratie, Kampala, UGANDA) and Kathrin Maria SCHERR (Max-Planck Institute for Comparative Public Law and International Law - MPIL, Heidelberg, DEUTSCHLAND)

Why is mediation not used more often as a means of alternative dispute resolution?

14-12-2012

This briefing paper tries to explore why mediation is not used more often as a means of dispute resolution. It identifies a number of reasons why mediation is not resorted to more frequently and presents proposals on how legislation could respond to these obstacles. The author wishes to highlight that, ideally, removing these obstacles will lead to an even less frequent use of mediation.

This briefing paper tries to explore why mediation is not used more often as a means of dispute resolution. It identifies a number of reasons why mediation is not resorted to more frequently and presents proposals on how legislation could respond to these obstacles. The author wishes to highlight that, ideally, removing these obstacles will lead to an even less frequent use of mediation.

Ekstern forfatter

Dr. Stephan Prayer, Civil-Law Notary, Vienna

The Reform of the Judiciary in Croatia

16-02-2010

The basic legislative framework governing administration of justice in Croatia is almost complete. Outstanding reforms include adoption of Penal Code and Constitutional amendment, both scheduled for 2010. Professional education and appointment of judges and prosecutors are made subject to objective criteria under the auspices of an independent judicial academy. Gender balance needs improvement as women are underrepresented at higher levels of judicial hierarchy. Backlog of cases is reduced but final ...

The basic legislative framework governing administration of justice in Croatia is almost complete. Outstanding reforms include adoption of Penal Code and Constitutional amendment, both scheduled for 2010. Professional education and appointment of judges and prosecutors are made subject to objective criteria under the auspices of an independent judicial academy. Gender balance needs improvement as women are underrepresented at higher levels of judicial hierarchy. Backlog of cases is reduced but final resolution is still facing structural problems. Education of legal professionals needs development of teaching curricula and learning outcomes. Independence of the judiciary has improved, but needs to be strengthened. Publication of judicial decisions needs further improvement in order to increase legal certainty. Measures for fight against corruption in the judiciary are being taken but public perception of corruption in the judiciary is still high. Judicial infrastructure for the fight against corruption and organized crime is in place and is showing first results. Further efforts are needed to achieve sustainability. Excessively long judicial proceedings often require additional judicial protection of the right to fair trial in reasonable time. Otherwise, protection of fundamental rights is satisfactory but courts of ordinary jurisdiction should be more engaged instead of deferring to the Constitutional Court.

Ekstern forfatter

Siniša Rodin (Faculty of Law, University of Zagreb, Croatia)

Strengthening Judicial Training in the European Union

15-04-2009

Judicial training is vital for the development of a common judicial culture in the EU and for guaranteeing the homogeneous implementation of EC/EU law. The principle of mutual recognition existing in judicial cooperation since the Tampere Programme – and confirmed in the Hague Programme and the future Lisbon Treaty – entails a thorough knowledge of the various EC and EU instruments. Community financial programmes exist today to facilitate Member States’ and other actors’ training costs. The actors ...

Judicial training is vital for the development of a common judicial culture in the EU and for guaranteeing the homogeneous implementation of EC/EU law. The principle of mutual recognition existing in judicial cooperation since the Tampere Programme – and confirmed in the Hague Programme and the future Lisbon Treaty – entails a thorough knowledge of the various EC and EU instruments. Community financial programmes exist today to facilitate Member States’ and other actors’ training costs. The actors in the field of judicial training are in fact varied, even though the national schools play a core role. Various initiatives have suggested – or suggest – strengthening judicial training. Although all major stakeholders agree on the need to reinforce judicial training – and this can be seen in the various latest initiatives – there does not seem to be one distinct option to do so. This note seeks to summarise and analyse these initiatives and the reactions to them, as well as to make some operational recommendations on how to make the most effective use of the resources dedicated to this purpose.

Ekstern forfatter

Peter Goldschmidt, Carla Botelho and Nadja Long (European Centre for Judges and Lawyers, European Institute of Public Administration - EIPA, Luxembourg)

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