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The new Edition of the report of the European Commission for the Efciency of Justice (CEPEJ), which evaluates the functioning of the judicial systems in 45 Council of Europe’s member states and an observer state to the CEPEJ, Israël, remains in line with the process carried out since 2002. Relying on a methodology which is already a reference for collecting and processing a wide number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efciency and the quality of justice. To have the knowledge in order to be able to understand, analyse and reform, such is the objective of the CEPEJ which has prepared this report, intended for policy makers, legal practitioners, researchers as well as for those who are interested in the functioning of justice in Europe.
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
This book offers an interdisciplinary approach to child abuse providing a comprehensive overview of the topic. From fetal life to adolescence, various patterns of child abuse are described in 23 chapters with highlight on early diagnostic features and differential diagnoses. Data on psychological and domestic violence is also presented. Readers will improve their knowledge in the field of child abuse, helping to identify such situations at onset and subsequently prevent recurrences. This volume outlines and summarizes the main different judicial processes for child abuse around the world. The book also provides the unique angle and information from experts in France, who unlike other countries, are fully independent of all other parties i.e. judges, prosecutors and families, thus having a unique insight to the origin and context of the violence. Insight to their approach can lead to better prevention of abuse around the world. Written by a panel of authors including paediatricians, radiologists, forensic scientists, a judge, a magistrate and a psychologist, this book is of interest to professionals involved in pediatrics healthcare, students, medical doctors or nurses. Beyond the field of health, the book may also concern professionals of social and judicial areas who deal with child abuse.
Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims’ access to justice over time and place, Victims' Access to Justice considers the potentialities for victims’ participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims’ needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.
The European Yearbook promotes the scientific study of nineteen European supranational organisations and the OECD. Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation.
If the European political space has been extensively explored, research has remained all too often focused on the institutions of the European Union and the Council of Europe rather than on the actors who make Europe. This dictionary brings a new angle to scholarship on Europe by systematically investigating its actors: those who work within the institutions or in close contact with them; those who are the targets of European policies; those in the name of whom reforms are carried out; those who promote Europe and those who oppose it. It showcases a comprehensive, interdisciplinary approach that bridges the usual separation between the European Union and the Council of Europe. In each entry, contributors selected among the leading specialists in their fields of research present the state of the art and the most current research perspectives on European actors. Students, teachers and researchers with an interest in Europe will find this volume to be a valuable work of reference and a source of new and stimulating ideas and perspectives on Europe. More broadly, the dictionary will appeal to ‘professionals of Europe’ eager to gain insights into their working environment as well as to readers interested in understanding Europe through its actors.
On 17 December 2009, the European Commission for the Efficiency of Justice of the Council of Europe adopted the Guidelines for a better implementation of the existing recommendation of the Council of Europe on enforcement. These principles aim to guarantee to all the access to an enforcement agent and a quality enforcement in the respect of the fundamental rights of the litigants. In the first part of the book, reference is made to the genesis of the CEPEJ Guidelines on Enforcement as well as to its state of application in the various Council of Europe Member States. The second part of the book deals with the problem of the evolution of technologies and aims to question how artificial intelligence can be put at the service of enforcement. In this respect, the analysis focuses on the importance of both electronic access to information and access to dematerialised information, to highlight the imperative need for a procedure for seizure of dematerialised assets and to consider drafting the a crypto-currency attachment procedure. *** Le 17 décembre 2009, la Commission européenne pour l’efficacité de la justice du Conseil de l’Europe a adopté des Lignes directrices pour une meilleure mise en œuvre de la recommandation existante du Conseil de l’Europe sur l’exécution. Ces principes visent à garantir à tous l’accès à un agent d’exécution et à une exécution de qualité dans le respect des droits fondamentaux des justiciables. Dans la première partie de l’ouvrage il est fait état de la genèse des Lignes directrices de la CEPEJ sur l’exécution ainsi que de son état d’application au sein des différents États membres du Conseil de l’Europe. La seconde partie de l’ouvrage aborde la problématique de l’évolution des technologies et vise à s’interroger sur la façon dont l’intelligence artificielle peut être mise au service de l’exécution. À cet égard, l’analyse porte sur l’importance tant d’un accès dématérialisé aux informations que d’un accès aux informations dématérialisées, pour relever l’impérieuse nécessité d’une procédure de saisie des avoirs dématérialisés et envisager l’ébauche d’une procédure de saisie des crypto-monnaies.
L'incursion du management au sein de la Justice est relativement nouvelle, et ses chances de succès ne sont pas garanties car la culture du pouvoir jucidiaire n'est pas naturellement compatible avec les valeurs mises en avant par le management. A travers trois études complémentaires, cet ouvrage analyse cette réceptivité culturelle de la justice suisse aux idées et méthodes de management. Vor nicht all zu langer Zeit hat das Management Einzug in die Justiz gehalten. Die Kultur der Judikative ist allerdings nicht automatisch mit den Hauptwerten des Managements deckungsgleich und so ist der Erfolg dieser Neuerung auch noch ungewiss. Drei Studien, welche in diesem Werk vorgestellt werden, analysieren die Anpassungsfähigkeit der schweizerischen Justiz an die Ideen und Methoden des Managements. The introduction of management in the judiciary is relatively new, and its chances of success are not guaranteed as the culture of the judicial institution is not naturally compatible with the values put forward by management. Through three additional studies, this work analyzes this cultural receptivity of the Swiss judiciary to management ideas and methods.
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.