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In: Campaigns and elections: the journal of political action, Band 22, Heft 1, S. 59
ISSN: 0197-0771
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In: Campaigns and elections: the journal of political action, Band 22, Heft 1, S. 59
ISSN: 0197-0771
The latest amendment to the CPA / 08 is one of the most demanding changes that accompanied the transposition of the EU Directive into our national legislation. Although more than one directive is concerned, the most significant is the Directive of the European Parliament and Council Directive 2013/48 / EU on 22 October 2013., on access to the lawyer in criminal proceedings and in proceedings based on a European Arrest Warrant, as well as on the right to third party information in the event of arrest and a right to communication with third parties and consular authorities. In essence, the Directive amended the police's conduct towards the suspect in a way that "forbids" the gathering of information from the suspect, and the police are obliged to conduct the investigation with the full guarantee of the right to defense. Considering the practical aspect of the current legislation, especially when conducting criminal investigations into the domain of general criminality (blood and property delicts), for police officers, the informal testimony of the suspect plays a significant role in further prosecuting and directing criminal investigation. Directing the investigation is important for detecting potential perpetrators of crime, finding objects and traces that have resulted from the perpetration of a criminal offense or from those used to commit a criminal offense, ie information, objects and traces that might be of use to successfully conduct criminal proceedings. With the Amendments to the CPA / 08, police officers will no longer be able to conduct such informal informational conversation with the suspect for a specific criminal offense. The basic aim of the research is to establish which changes do the amendments to the legal provisions haveon the detective and the demonstration activity of the police, and from a practical aspect, the research aims to look at the difficulties as well as the benefits faced daily by the police officers in detecting and proving the perpetration of criminal offenses. This paper presents the results of preliminary research conducted in the area of Zagreb County Police Administration.
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In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 9, Heft 2, S. 281-283
ISSN: 0506-7286
In: Studies in transnational law of natural resources 7
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the "moral detachment" necessary for achievement of the "lawyer-statesman" ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners. Both authors accurately assess the state of the legal profession today. Their insight reveals a profession in a state of dramatic change and, as in most changes of this magnitude (a "sea change," as it were), confusion reigns. Professor Glendon describes another legal evolution of comparable scale: the movement from the primacy of common law to that of legislation and regulation, with all of its attendant dislocation. As is usually the case, the profession has adapted to those changes, and it will have to adapt to the current changes or risk irrelevancy as clients find other service providers or other ways to deal with their problems. The economic pressures in the law firm today are real and the focus on profitability necessary. But these challenges need not cause a lawyer or a firm to compromise detachment professionalism, ethical practices, or competent lawyering. Effective management and good business practices are not inconsistent with traditional "professional" lawyering. To the contrary, they are essential in today's complex economic environment and will be even more essential in the future.
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In: Ocean development and international law: the journal of marine affairs, Band 30, Heft 2, S. 161-190
ISSN: 0090-8320, 0883-4873
Any legal development shall be coming along with the development of civilization. Building the whole society to be more civilized–to live by the standardized customs, religions and in accordance with any cultural values to be well-institutionalized normatively in the life of people. The standardization of law in normative form is to adopt legal policy of law transplantation deriving from foreign tradition and culture to be transplanted into model of law in home country. Quite often, such legal transplantation is not effective to be implemented. In the case of Indonesian copyright, the law which was before standardized eventually becomes coagulated. Pembangunan hukum sebenarnya adalah pembangunan peradaban. Membangun masyarakat agar bisa hidup beradab. Hidup dengan standar adat istiadat, kebiasaan, moral, religius dan nilai-nilai kultur yang dibakukan secara normatif. Pembakuan hukum dalam bentuk normatif dengan memilih politik hukum transplantasi adalah memilih model hukum yang berasal dari kultur atau budaya asing untuk dicangkokkan menjadi model hukum di negeri sendiri. Kerap kali hukum hasil pencangkokkan itu tak cukup efektif untuk diterapkan. Dalam kasus transplantasi undang-undang hak cipta Indonesia, hukum yang semula dibakukan akhirnya menjadi hukum yang dibekukan.
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In: 16 Georgetown Journal of Law & Public Policy 537
SSRN
In our changing world, society demands more comprehensive and thoughtful solutions from environmental engineers, environmental consultants and scientists dealing with the degradation of our environment. Lead by Nelson Nemerow and Franklin Agardy, experts in business, academia, government and practice have been brought together in this book to provide guidance for these environmental professionals. The reader is presented with a variety of solutions to common and not so common environmental problems which lay the groundwork for environmental advocates to decide which solutions will work best fo
In: European Journal of Sustainable Development: EJSD, Band 9, Heft 1, S. 9
ISSN: 2239-6101
The present paper seeks to discuss key challenges academics and practitioners face in their attempts to evaluate effectiveness of ecological policies. It summarizes and describes existing effectiveness criteria attributed to a certain policy itself, as well as suggests some external casual factors that are likely to moderate its effectiveness overtime. It further analysis major ecological policies in Ukraine and evaluation of its effectiveness. Finally, it suggests future changes that should be made in Ukrainian legislative acts to enable their effective implementation and pivotal shift in the mindset of its society.
Keywords: Ecological politics, policy effectiveness, effectiveness criteria, evaluation methodology
In: Transnational law and governance
Introduction : mapping the crisis of multilateralism -- Oleksandr Vodiannikov, the crisis of trust in contemporary multilateralism : international order in times of perplexity -- Sean Butler, believing is seeing : normative consensus and the crisis of institutional multilateralism -- Maria Varaki, revisiting the 'crisis' of international law -- Mary E. Footer, the multilateral international order - reports of its death are greatly exaggerated -- Christopher Lentz, state withdrawals of jurisdiction from an international adjudicative body -- Calgosia Fitzmaurice, multilateralism, community of interests and environmental law -- Vassilis Pergantis, the advent and fall of trust as a cornerstone of judicial cooperation in multilateral regimes in Europe : a cautionary tale -- Agnieszka Nimark, the nuclear non-proliferation regime at 50 : midlife crisis and its consequences -- Patrycja Grzebyk, Karolina Wierczyńska, the crisis of multilateralism through the prism of the experience of the international criminal court -- Ernst-Ulrich Petersmann, global governance crises and rule of law : lessons from Europe's multilevel constitutionalism -- Jessica C. Lawrence, we have never been 'multilateral' : consensus discourse in international trade law -- Ewa Zelazna, the EU's reform of the investor-state dispute resolution system : a bilateral path towards a multilateral solution -- Margherita Melillo, challenges to multilateralism at the World Health Organization -- Szymon Zaręba, the Council of Europe and Russia : emerging from a crisis or heading towards a new one?
The author examines concepts, views, goals and ways of interpreting the law, and gives the definition and implementation of the rules of interpretation regulations. Provides that the interpretation of the law refers to activities aimed at establishing their content, to the disclosure of the will ruling social forces expressed in them. Special attention is given to the judicial interpretation and its role in ensuring the consistency of enforcement, as well as the problem of interaction of legislation and judicial practice.
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In: European journal of international law, Band 27, Heft 1, S. 191-214
ISSN: 0938-5428
World Affairs Online
In: European journal of international law, Band 23, Heft 1, S. 43-66
ISSN: 0938-5428
World Affairs Online