Suchergebnisse

Since the beginning of the 1990s, Europe has been struggling to establish a competitive as well as a fully integrated internal energy market. Until the early 1990s, the European energy markets consisted of national monopolies possessing vertically integrated structures. They were also still nationally segregated. Since, the EU has made the decision to open European energy markets to competition and subsequently establish an internal energy market. The European energy markets are currently controlled by a dual structure consisting of two different regulatory frameworks: competition law and sector-specific regulations. The primary goal of these legal instruments is the establishment of an internal energy market. This book aims at analysing the development of the European energy markets and policies from the perspective of competition law as well as sector-specific regulations and, hence, identifying the problems regarding the introduction of competition into the energy markets.

The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values, including Indonesia. This is because the fusion of philosophical ideas with elements as stated in the state constitution of a nation must be interpreted and crystallized in various legal products issued by a government. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia and analyze the meaning of 'justice' from a progressive legal perspective. This research is legal research using a conceptual approach and legislation. The legal materials used in this research are primary legal materials and secondary legal materials. These two materials are considered to examine the legal issues raised in this research. The result of this study is that the philosophy of law in Indonesia is based on the precepts of all the principles in Pancasila. Pancasila is actually in line with the flow of legal philosophy, namely Sociological Jurisprudence. This departs from the three dimensions of Pancasila, which is oriented to give birth to harmony from the implementation of rights and obligations in every existing legal subject. Then, the concept of progressive law provides the view that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself; so that Justice cannot be calculated mathematically, cannot be interpreted purely textually, or can only be said to be 'fair' when there are two people who have the same share as others.

In the field of refugee law, ‹discretion› reasoning – that is, the assumption that asylum seekers can be returned to their countries of origin on the basis that they can avoid persecution by behaving ‹discreetly› and thus escaping the attention of the persecutors – is a legal problem where legal analysis seems to get stuck. Once there appears to be a doctrinal solution to settle the problem, it reappears in a different form. This Forumsbeitrag introduces ‹legal discourse analysis› as an approach to tackle such perennial legal problems. Inspired by critical legal and queer scholars, and drawing on elements of deconstruction and discourse analysis, legal discourse analysis does not try to find the solution to the puzzle. Instead, it has the distinct aim of tracing how doctrine is constructed, or how ‹right› answers are created. On that basis, it draws out the underlying tensions that enable these answers. The Forumsbeitrag first retraces the steps developed to address ‹discretion› reasoning in refugee law, and then extrapolates and generalises ‹legal discourse analysis› as an approach to explore its usability for other perennial doctrinal problems, both within refugee and migration law, and beyond.

The article addresses the problem of the return to their homeland of relatives of terrorists who left for ISIS. The authors disclose the humanitarian, criminal, procedural and criminological aspects of special operations to return relatives of jihadists to the countries of exodus. The need for filtering, special accounting and temporary supervision of former jihadists, the development of comprehensive programs for the adaptation and reintegration of former terrorist fighters and their families is justified.