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Abstract
The article analyses the application of criminal-head guarantees to European Union legislation requiring Member States to lay down rules on administrative fines. EU legislation requiring Member States to stipulate administrative fines for breaches of EU law has been on a steady increase. The proliferation of such sanctions with little harmonisation of applicable procedural safeguards opens doors for misuses of punitive power. The first part of the article analyses the application of the Engel criteria and the Jussila exception for offences falling short of the hard-core of criminal law. The article highlights the discrepancies in the case law and suggests an alternative to the moral stigma approach in applying the Jussila exception. The second part of the article assesses whether the case law of the ECJ provides similar results and to which extent has the Union's legislator harmonised or precluded procedural safeguards regarding administrative fines.

"With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice -one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice's Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O'Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized."--Provided by publisher.

This article aims to re-assess the relationship between law and ideology, with a view to identifying the foundational policies established within the judicial-legal sphere in Turkey at the birth of the Republic in 1923. A central focus of the article is the historical project to create a new class of legal professionals, particularly attorneys, as an exemplary case for the interaction between law, ideology and modernization. Firstly, it is argued that Kemalist legal and judicial reforms were an essential part of the general social-engineering project which intended to Westernize/modernize the newly established Republic. Accordingly, reforms were dominated by two closely interrelated themes of legal ideology: the consolidation of the new order and the development of a statist understanding of justice. In turn, legal professionals were remoulded by modernizing cadres in order to secure/promote the modernist perspective within legal foundations as delineated by official ideology. Secondly, the article argues that statist policy towards attorneys was so dominated by modernizing ideology that Weberian formalism was undermined. The idiosyncratic statist concerns outweighed universalistic legal values, which intensified rather than balanced, the ongoing tension between substantive and formalist rationality that is inherent to Weberian notions of justice.

The essence of concepts of the legal law and the rule of law is analyzed in the article. An increased attention is given to the legal regulation of law enforcement, law application activities, the qualitative transformation of the political and state-legal system, the formation of civil society and the supremacy of law, the growth of the value of law and the strengthening of law.One of the objective trends in the development of the legislation of modern Russia is to increase the social significance and authority of the legal law as an act at the top of the legal system on which the level of the rule of law of any civilized society depends. ; В статье проанализирована сущность понятий правового закона и правовой законности. Усиленное внимание отводится правовому регулированию правоохранительной, правоприменительной деятельности, качественному преобразованию политической и государственно-правовой системы, становлению гражданского общества и правового государства, роста ценности права и укрепления законности.Одной из объективных тенденций развития законодательства современной России является повышение социальной значимости и авторитета правового закона как акта, стоящего на вершине правовой системы, от которого зависит и уровень правовой законности любого цивилизованного общества.

What is the European Union? This seemingly simple question gives rise to a multitude of different answers from EU lawyers, international lawyers, political scientists, and the media. The debate is as old as European integration, and a satisfying answer still alludes us. Does the legal characterization of the EU and EU law matter from a legal standpoint? This article argues that such characterizations do matter. It first discusses four main ways in which the EU is perceived in the EU law and international law literature: (i) the EU as a 'new legal order'; (ii) the EU as a 'self-contained regime' in international law; (iii) the EU as a 'Regional Economic Integration Organization' (REIO); and (iv) the EU as a 'Classic intergovernmental organization' (Classic IO). Using examples from recent legal practice, this article shows how such characterizations are the 'starting points' in debates which can shape legal outcomes. It is difficult to overcome such divergent views, however, since they represent much deeper disagreements and power relations. Developing a theory of EU legal character gives rise to new challenges.

This article tries to pin down the conditions under which Member States act within the scope of application of EU law when the Union has exercised its competence in the criminal 'Area of Freedom, Security and Justice'. With the Treaty of Lisbon, Member States have transferred important powers to the EU in the field of judicial cooperation in criminal matters, which has become more supranational. One witnesses the emergence of a European criminal justice. In the meantime, EU fundamental rights have developed, in particular with the Charter of Fundamental Rights of the EU, which has become a clearer and binding source of law. EU fundamental rights have to be combined with multiple other sources of fundamental rights, both at international and national level. On one hand, the application of EU fundamental rights may provide a minimum protection of citizens in criminal justice, but on the other hand, it may also affect the powers of Member States to maintain high standards of protection. However, applying EU fundamental rights to Member States' actions is subject to the condition that Member States are acting within the scope of application of EU law. This article shows that there is no clear-cut criterion to establish when Member States are acting within the field of EU criminal law for the purpose of applying EU fundamental rights.

The general characteristic of legal base of electronic document circulation is presented in the article. It legislatively regulates the relations which connected with the information and information communication technologies. There is presented the list of the basic acts of regulation of sphere of information relations. ; В работе представлена общая характеристика нормативно-правовой базы, которая законодательно регулирует отношения, связанные с информацией, информационно-коммуникационными технологиями, представлено перечень основных законодательных актов регулирования сферы информационных отношений. ; У роботі подано загальну характеристику нормативно-правової бази, яка законодавчо регулює відносини, пов'язані з інформацією, інформаційно-комунікаційними технологіями, представлено перелік основних законодавчих актів регулювання сфери інформаційних відносин. ; У роботі подано загальну характеристику нормативно-правової бази, яка законодавчо регулює відносини, пов'язані з інформацією, інформаційно-комунікаційними технологіями, представлено перелік основних законодавчих актів регулювання сфери інформаційних відносин.

This book brings together the 2008 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law