scholarly journals Arbitration Hearing with Remote Participation: Necessary Innovations that Irreversibly Change Traditions

Lex Russica ◽  
2021 ◽  
pp. 134-148
Author(s):  
M. Yu. Savranskiy ◽  
M. E. Popova
Keyword(s):  
Due Process ◽  
Equal Treatment ◽  
Legal Traditions ◽  
Mode Of Operation ◽  
Physical Presence ◽  
Arbitration Procedure ◽  
Software And Hardware ◽  
The One ◽  
The Right ◽  
Remote Participation

The COVID-19 coronavirus pandemic forced most arbitration centers in countries with a wide variety of legal traditions to switch to mass arbitration hearings in video conferencing mode in the spring of 2020. It turned out that hearings with remote participation of representatives of the parties, and sometimes arbitrators, have a number of advantages compared to regular hearings. A number of new possibilities arises and thus compensates the loss of certain possibilities adherent in physical presence of arbitration participants at hearings. The authors argue that most of the obstacles and shortcomings of the new format as a whole can be overcome with modern regulatory development, law enforcement, software, and hardware tools. The paper examines, among other things, the experience of the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, whose software and hardware complex and previously modernized arbitration rules made it possible to safely switch to a new mode of operation. New documents of international origin in this area are also being considered, indicating the need to ensure a balance between the effectiveness of arbitration proceedings on the one hand and the right of the parties to due process and fair treatment on the other.The authors conclude that there will not be a complete return to the previous practice with the end of the pandemic. However, a certain part of the meetings, taking into account the circumstances of the disputes, will return offline, the popularity of various mixed (hybrid) options will increase, which will not be difficult to put into practice due to the flexibility of the arbitration procedure. The flexibility of arbitration and the delegation to arbitrators of a number of issues related to the organization and conduct of arbitration proceedings, which require that opinions of the parties should be requested and considered in order to solve the dispute, makes it possible to ensure the optimal “format” of the arbitration procedure given the specific circumstances of the dispute. This procedure provides its participants, among other things, a reasonable and sufficient opportunity to present their positions, ensuring equal treatment of the parties and adversarial while ensuring the real effectiveness of the arbitration procedure, which allows in modern conditions to properly implement the principles on which arbitration is based.

Right of Residence

2019 ◽  
pp. 113-187
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Member State ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
The One ◽  
The Right ◽  
The Relationship

This chapter details the right of residence provided for in the citizens’ Directive. The citizens’ Directive regulates and gives detailed expression to the right of free movement and residence conferred by the Treaties on Union citizens. At its simplest, the Directive regulates residence on the basis of the intended duration of a stay in another Member State. The chapter then evaluates case law which concerns the relationship between the right to equal treatment, on the one hand, and the right of residence, on the other, and whether mobile Union citizens could rely on the principle of equality as a basis for claiming a right to access social benefits and maintaining a right to reside in a host Member State.

scholarly journals The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice

2021 ◽  
Vol 3 (4) ◽  
pp. 585-604
Author(s):  
Muhlis Safi’i
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Main Element ◽  
Legal Services ◽  
Spiritual Values ◽  
Theory Of Justice ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God". 

Legal Time

2018 ◽  
Vol 31 (2) ◽  
pp. 281-322
Author(s):  
William E. Conklin
Keyword(s):  
Due Process ◽  
Equal Treatment ◽  
Conceptual Structures ◽  
A Value ◽  
Starting Point ◽  
Due Process Of Law ◽  
Important Sense ◽  
Sense Of Time ◽  
The One ◽  
Judicial Recognition

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit,Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law.

Ideology, Electoral Incentives, and Inclusion Outcomes across Countries

2017 ◽  
Author(s):  
Rafaela M. Dancygier
Keyword(s):  
Great Britain ◽  
The Other ◽  
Equal Treatment ◽  
Potential Importance ◽  
Electoral Incentives ◽  
The One ◽  
The Right

This chapter investigates whether two countervailing forces—ideological commitments to equal treatment and the potential electoral leverage of the Muslim vote—can nevertheless lead to representational parity. It examines how parties' commitments to equal treatment and nondiscrimination on the one hand and the potential importance of the Muslim vote on the other correlate with inclusion outcomes across countries. Across the cities and parties in Austria, Belgium, Germany, and Great Britain, the Left is indeed much more tightly wedded to principles of equal treatment than is the Right, but proactive rhetoric in this domain does not predict inclusiveness. Though, within countries, center-left parties are always more likely to recruit Muslim candidates than are center-right parties, this is not true across countries; parties only feature significant shares of Muslim candidates when local Muslim electorates can deliver substantial votes.

scholarly journals Overview of recent cases before the Court of Justice of the European Union (July 2019-September 2019)

2019 ◽  
Vol 21 (4) ◽  
pp. 370-377
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Social Security ◽  
Member State ◽  
Equal Treatment ◽  
The European Union ◽  
Court Of Justice ◽  
Insurance Cover ◽  
The Status ◽  
The One ◽  
The Right

In the reporting period July-September 2019, the Court of Justice of the European Union delivered various rulings that are significant for social security. The ruling that stands out is the one in Van den Berg and others, which concerned the power of a non-competent Member State to grant residents benefits where they lack insurance cover in the competent State. The other cases included in this overview concern the application of the right to equal treatment to social security conventions concluded between a Member State and a third country ( EU), the retention of the status of self-employed person by women who cease to be active due to pregnancy ( Dakneviciute) and the right to export student financial aid ( Aubriet).

RECOURSE PERIOD TO THE ADMINISTRATIVE COURT THROUGH THE PRISM OF THE INFLUENCE OF THE SUPREME COURT

2018 ◽  
Author(s):  
Iryna Balakarieva ◽  
◽  
Krystyna Rutvian ◽  
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Scientific Work ◽  
Point Of View ◽  
Access To Justice ◽  
The Supreme Court ◽  
Judicial Errors ◽  
The One ◽  
Administrative Proceedings ◽  
The Right

The article is devoted to the study of the peculiarities of regulating the recourse period to the administrative court from the point of view of due process. Clear up the issue to what extent the consolidation and regulation of the recourse period qualifies the requirements of the legal procedure, namely: clear legislative regulation; inadmissibility of violation of the rights, freedoms and interests of the parties; clear structuredness and regulation. The scientific work investigates the essence of the term circulation term and considers the feasibility of introducing it. An attempt was also made to compare the recourse period with the limitation, arguments are given why the introduction of the terms of appeal in administrative proceedings is not identical to the limitation in civil proceedings. Different positions are considered, referring to the practice of the Supreme Court and the opinions of scientists, why, on the one hand, the limitation cannot be introduced in the administrative process from the point of view of the principle of legal certainty, and on the other hand, how the recourse period violates the right to access to justice. The main attention is paid to the role of the Supreme Court in the formation of approaches to the application of limitations. The concept of contra legem, which is inherent in the countries of the Anglo-Saxon legal family, is considered and is used in cases where there is a need to deviate from the enshrined norm at the legislative level in order to avoid literal application of the law and not make an absurd or unfair decision. The thesis is emphasized, despite the fact that the Supreme Court sometimes deviates from the formally prescribed norms, however, this is the essence of the cassation proceedings: it is an additional guarantee of the protection of subjective rights by correcting judicial errors, as well as a kind of judicial control. The specific decisions of the Supreme Court are considered, in which the approaches to the practice of applying the recourse period have been changed. On the basis of the decisions of the Supreme Court, it was investigated how the Supreme Court by its decisions affects and changes the recourse period fixed at the legislative level, the key positions of the Supreme Court are highlighted, which today are guiding for the subjects of appeal to the administrative court.

Mechanisms of Resource Curse and Economic Policy

2007 ◽  
pp. 4-27 ◽  
Author(s):  
V. Polterovich ◽  
V. Popov ◽  
A. Tonis
Keyword(s):  
Real Exchange Rates ◽  
Resource Curse ◽  
Budget Deficits ◽  
Resource Abundance ◽  
Fuel Prices ◽  
Use Of Resources ◽  
Resource Wealth ◽  
The One ◽  
The Right ◽  
Rich Countries

This paper compares various mechanisms of resource curse leading to a potentially inefficient use of resources; it is demonstrated that each of these mechanisms is associated with market imperfections and can be "corrected" with appropriate government policies. Empirical evidence seems to suggest that resource abundant countries have on average lower budget deficits and inflation, and higher foreign exchange reserves. Besides, lower domestic fuel prices that are typical for resource rich countries have a positive effect on long-term growth even though they are associated with losses resulting from higher energy consumption. On top of that resource abundance allows to reduce income inequalities. So, on the one hand, resource wealth turns out to be conducive to growth, especially in countries with strong institutions. However, on the other hand, resource abundance leads to corruption of institutions and to overvalued real exchange rates. On balance, there is no solid evidence that resource abundant countries grow more slowly than the others, but there is evidence that they grow more slowly than could have grown with the right policies and institutions.

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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