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BRUNALAS, Benas. Naujausios Apklausos: Rekordinis Pasitikėjimas Teismais [Latest Surveys: Record Trust in Courts]. [online]. Available at: < https://www.delfi.lt/a/78638041 > Accessed: 23.08.2018
BÜHLMANN, Mark, KUNZ, Ruth. Confidence in the Judiciary: Comparing the Independence and Legitimacy of Judicial Systems. West European Politics, 2011, vol. 34, no. 2, pp
The author, on the occasion of the tenth anniversary of most recent reforms of administrative judiciary in the Czech Republic and the Republic of Poland, compares the legislation of Czech and Polish administrative judiciary. The article is divided into three parts, the first two discuss the legislation in both countries. Constitutional foundations of the organization and the system of administrative judiciary are addressed there. Subsequently, the author deals separately with the legislation of lower levels of the system and the legislation of supreme administrative courts, focussing on judges and other professional staff and the structure of the courts. Both the parts are rounded by an interpretation of the instruments for unification of the judicature. The third part of the paper includes the final summary.
The Constitutional Crisis, which started in 2015 and has resulted in several bills aiming to “repair” the functioning of this institution, has undermined Polish citizens’ trust not only in political institutions such as the Sejm and the President but also in the judiciary. The level of trust in public institutions in general tends to be low in Polish society, but recent events and the circumstances in which the bills regarding the Constitutional Tribunal, common courts, the National Council of the Judiciary and the Supreme Court were passed, has led to a politicization of judicial institutions. Society, though, is very divided and opinions of the judiciary may vary and may depend on political preferences as well as many other factors.
The aim of this paper is to examine the attitude of Polish society towards the judiciary in the period of time from 2015 until now. I will also analyze the public campaign Just courts (Sprawiedliwe sądy) in the context of media content’s influence on public perception of the judiciary. The findings of this analysis could also contribute to the explanations of government’s ability to pass the bills with decreasing protest from the population even though the bills were deemed unconstitutional.
Semantic Webs increasingly allow the processing of information over the Internet according to their content and purpose. The widespread use of metadata standards has, however, caused interoperability problems between different systems. Enabling users to search for different languages requires translation resources to cross the language barrier can be a serious challenge. The presented tendency to use semantic webs is an opportunity for legislation, facilitating the process of developing and providing legal regulations and managing the progress of legislative work and implementation of procedures. The aim of this article is to review semantic web theory in relation to the pitfalls of defining and applying ontology to the machine-based understanding of content stored in the network. The scope of this article is a preliminary analysis of aspects of interdisciplinary cooperation in the metadata creation phase – indexed according to the conceptual analysis (ontology) of a given field. The area of research interest was also the benefits and pitfalls of using open source, XML and the Legal Semantic Web in the common judiciary.
administration and the federal judiciary this article examines that relationship in two ways, looking at Obama’s legacy for the courts and also at how the judicial branch enhanced or diminished his administration’s wider political and policy legacy. On both counts, the record we discuss is a mixed one and there is no clear way in which the wins and losses can be scored. However, the events in the two years following Obama’s departure from ofice lend weight to the view that his imprint on the courts was limited and that his domestic policy legacy was diminished more than it was
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Bovens, M. (2007). Analysing and Assessing Accountability: A Conceptual Framework. European Law Journal, 13(4), 447
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Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption.
The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related
Recent developments in Hungarian constitutional and judicial politics have given impetus to question not only the outcomes of democratisation and Europeanisation, but also the efficacy of the European Union’s compliance mechanisms. In 2010, Hungary, one of the forerunners in building democracy made the headlines with Fidesz’s attempts at adopting a new Constitution and implementing cardinal laws along with controversial institutional, cultural, religious, moral and socio-economic policies. This article attempts to depict the transformative power of the European Union within a sensitive policy area which touches upon States’ pouvoris régaliens: the independence of the judiciary.
The article concerns the issue of constitutionality of the reform of the justice system in Poland in 2017–2018, which resulted in significant changes of the functioning of the National Council of the Judiciary and the Supreme Court. When discussing the reform of the Supreme Court, the author first of all points to the constitutional problems associated with the premature retirement of some of its judges, which is also connected with the interruption of the six-year term of the First President of the Supreme Court. A separate issue discussed in the article is the introduction to the Supreme Court the lay judges, which is a unique phenomenon on the global scale. The analyses lead the author to formulate final conclusions, also referring to the European regulations and to refer to the unconstitutionality of the solutions adopted by the Polish parliament.