Suchergebnisse

An effective and efficient justice system is essential for sustained economic growth. In a well-functioning, independent, and efficient justice system, decisions are taken within a reasonable time and are predictably and effectively enforced, and individual rights, including property rights, are adequately protected. Among other objectives, the efficiency of the judicial system is important for creating a good business climate, attracting foreign direct investment, securing tax revenues, and supporting economic growth. Research has shown that weak contract enforcement, for example, raises the cost of borrowing and shortens loan maturities, with a resulting negative effect on investment and GDP. Weak court enforcement systems have also been linked to late payments, which can lead to liquidity issues for companies and increase insolvency. Since the publication of the World Bank's World Development Report 2005, the importance of well-functioning courts to strengthening the investment climate and ultimately to reducing poverty and boosting shared prosperity has been brought to the forefront and become internationally recognized. Indicators of commercial court performance, and business community perceptions of and trust in the courts, are a part of the World Bank Group's (WBG) country-level investment climate assessments and its influential Investment Climate Surveys and Doing Business reports. Court performance has also become an element of European Union (EU) and Organization for Economic Co-operation and Development (OECD) accession. Helping countries to improve commercial court operations and ensure improved accessibility and effective delivery of services are important components of the development assistance provided by the WBG. The Commercial Court and Enforcement Assessment Tool has been designed to assist assessment teams and client agencies in this effort.

The COVID-19 pandemic has been, and will continue to be, exposed to young democracies who are grappling with deep-seated multi-generational and multi-layered traumas which are embedded in past and present conflicts as well as injustices. In the lead-up to the COVID-19 pandemic, South Africa, being a young democracy, has experienced an increase in anger, violence and vengeance due to on-going poverty, lack of service delivery, housing and land, etc., at all levels of society. The COVID-19 pandemic has exacerbated the injustices that are based on the legacy of generational trauma and pain that are caused mainly by an unjust political system, centuries of colonialism, violence, and conflict. These injustices have also exposed the commitment and promises that the religious sector made, during the hearing of the faith communities at the Truth and Reconciliation Commission (TRC), to the reconstruction and development of the country as well as to reconciliation and healing of the nation. Since South Africa became a democracy, the transition process, the first democratic election, the TRC process, political promises, corruption and currently the COVID-19 pandemic have restrained the state of trauma in the country. This restraint has led to a state of frozenness. This contribution argues that the concept of divine discomfort and specifically the notions of accountability and justice can contribute to exploring new ways for religion to deal with the eruption of multi-generational and multi-layered 'frozen trauma'.

This text contains some of the most important contributions that Professor Joan Pagès Blanch left us as legacy, after his death in June 2020. His contribution to political education, through his publications, teaching in master's and doctorate programs, and at conferences in many European and Latin American countries, have made him an essential author for research and innovation, and a reference for all those teachers and researchers who want to approach the field of democratic political education or critical citizenship education. One of the most important purposes that always guided his work is that political education be an instrument of social change, of building a better future, with more social justice. ; En este texto se recogen algunas de las aportaciones más importantes que el profesor Joan Pagès Blanch nos dejó como legado, tras su muerte en junio de 2020. Su contribución a la educación política, a través de sus publicaciones, impartición de clases en másteres y doctorados, así como en conferencias en varios países de Europa y Latinoamérica, lo han convertido en un autor imprescindible para la investigación y la innovación, así como en un referente para todos aquellos docentes e investigadores que quieran acercarse al campo de la educación política democrática o de la educación para la ciudadanía crítica. Uno de los propósitos más importantes que guio siempre su obra es que la educación política fuera un instrumento de cambio social, de construcción de un futuro mejor, con más justicia social.

Since the Conclusions of the European Council on the Area of Freedom, Security and Justice (AFSJ) at Tampere in 1999 the Union has recognised the significance of the external dimension to this policy field, and over the last decade the Union's activity in this field has both intensified and broadened to include not only migration, border management and asylum but all aspects of the AFSJ, ranging from counter-terrorism to civil procedure. Although the scope of external action reflects the fragmentation of the subject matter and the AFSJ lacks an easily identifiable policy objective, there are ways in which we can identify certain common elements in the approach to external AFSJ policy, in particular in managing the relationship between different actors. This paper seeks to explore some of these distinctive elements; its purpose is to set out some of the particular legal features of external AFSJ policy. First, to examine the basis for and the scope of external competence given that there is no explicit provision in the EC Treaty for external action in the field. Second, the legal implications of the inter-pillar nature of the AFSJ: the consequences this has for the types of instrument available to the Union and the legal constraints imposed by the need to 'police' the boundary. And finally the paper explores the relationship between Union / Community action and Member State action: the possibility of exclusive Community competence, the mechanisms developed to manage shared competence and the additional complexity created by the varying 'opt-outs' for some Member States.

A new tension is spreading throughout Europe: the tension between Common Constitutional Traditions (CCTS) and Constitutional Identity (CI). Recent cases brought before the Court of Justice of the European Union (CJEU), which have gone to the core of European Integration, have revealed this tension. In particular, this tension was highlighted in the "Taricco saga" and in the more recent cases concerning the independence of the judiciary in Poland. The rulings concerning the first group of cases use the concept of CCTS in a quite conventional way, that is, with regard to fundamental rights. The essay examines the possibility that the complex relationship between the CCTS and CI will affect other areas, such as the market regulation and public intervention in the economic sphere.

This is the second in the ECMI-Council of Europe Handbook series on minority issues. The book offers a comprehensive and critical overview of the political and legal mechanisms that are available at both the European and international levels for the implementation of minority rights standards. Separate chapters cover the United Nations treaty monitoring bodies; the proceedings before the International Court of Justice, the Council of Europe's treaties and mechanisms, the OSCE political commitments and mechanisms, and the European Union contribution to the protection of minorities and the prevention of discrimination. In each chapter, the authors discuss prospects for the future and provide useful guidance for minority rights practitioners. (Council of Europe, ECMI)