Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands PDF Download

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Category : Electronic book
Languages : en
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Author: Weltbank
Publisher:
ISBN:
Category :
Languages : en
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Disputes between citizens or businesses and the State about respective rights and duties are at the core of administrative law. The ability for citizens and businesses to hold Government accountable for acting within the rule of law is a key element of good governance. It provides legal certainty and guarantees predictable and rule-based implementation of legal and regulatory frameworks across different sectors. It also provides Government with effective mechanisms to enforce these frameworks. An effective administrative justice system is therefore a crucial element to make sure all players follow the rules of the game. As such, it is an important aspect of a sound investment climate. The Turkish Ministry of Justice has identified the absence of pre-trial procedures in the administrative justice system as a major obstacle to the efficient and effective delivery of judicial services to citizens, businesses, and the state. There are widespread complaints that administrative judges crumble after a heavy workload and that certain types of cases may be more effectively dealt with outside of the courts. This will make dispute resolution for citizens, businesses, and the state more effective and will alleviate the workload of the administrative courts. Current dysfunctions also affect Turkey's ability to live up to its commitments under the European convention for human rights. Its article six grants those seeking justice the right to a fair trial within reasonable time. Citizens and businesses bring complaints to the European court of human rights which has the power to condemn signatory states for non-compliance. This has financial implications as a country found in violation of this convention has to pay compensation. Beyond the financial implications, though, it negatively affects the image of the Turkish justice system abroad and particularly in Europe, which casts a cloud over European Union accession negotiations.

Author: Philip M. Langbroek
Publisher:
ISBN: 9789490947972
Category : Administrative procedure
Languages : en
Pages : 0

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"This is a publication in the series of the Montaigne Centre for Judicial Administration and Conflict Resolution at the Utrecht University"--P. [4] of cover.

Author: Leonard Herschel Leigh
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 84

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An overall assessment of the criminal procedure systems in France and Germany in relation to the investigation process, the management of prosecutions and the construction of the case. It asks if some of the procedures used in Germany and France should be adopted in the UK.

Author: Alfred Paul Murrah
Publisher:
ISBN:
Category : Pre-trial procedure
Languages : en
Pages : 52

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Author: Chris Backes
Publisher: Bloomsbury Publishing
ISBN: 1509921486
Category : Law
Languages : en
Pages : 1031

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This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Author: Edward Johnston
Publisher:
ISBN: 9786050707472
Category :
Languages : en
Pages : 0

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The hearing of a case in a court room by a tribunal, today classified as the trial phase, has long stood inherently in the nature of the judicial competence of a State. By contrast, the pretrial phase and the introduction of the public prosecutor into the criminal procedural system as a subject of the judicial process has a much shorter history than the trial. However, in recent times, the pre-trial process has arguably been the subject of more heated debates than the trial phase has been. One reason for this, is that the pre-trial process is one which begins with a simple suspicion and subsequently seeks to reach a certain degree of suspicion so that indictment can be introduced to the court by prosecutor. Despite the existence of uncertainty as whether sufficient evidence required in order introduce the indictment to the court will be established, the main fundamental rights and freedoms, inter alia, freedom of liberty and right to privacy can be intervened by the public prosecutor and even police officers at a very early stage in of a criminal case, in all jurisdictions covered by this book. This clearly places core protections, such as presumption of innocence, at risk of harm. This raises an interesting disjunction, whereby on the one hand, at pre-trial stage the degree of suspicion required to deprive a suspect's liberty is lower than it is in trial, on the other, the fundamental rights and freedoms are at increased risk of violation in the pre-trial stage. Another notable feature of the pre-trial phase across Europe, is its dependence on the thematic underpinnings of the national approach to criminal procedure rules, perhaps most notably, whether they are deeply rooted in adversarial or inquisitorial traditions, or one of the infinite possible combinations of those two ideals. In other words, the way in which a criminal justice system approaches to rights and freedoms of the suspects in the pre-trial phase is shaped by their expectations and reservations to the role of the suspect. For instance, the right to access legal assistance features less in systems that are more closely connected to inquisitorial ideals than adversarial. Because the public prosecutor regarded as a paramount, in Lat. dominus litis, who aims to find out the material truth has to collect all evidence, whether it bolsters or undermines the case against the suspect. Therefore, the role of the prosecutor, and in some jurisdictions the police, in collecting and controlling the evidence, has been seen as a justification for the proceedings in the pre-trial and the defence lawyer can xii exercise a diminished role. What's more, the pre-trial phase places much more emphasis on inquisitorial ideals than it does adversarial. Because inquisitorial system seeks to find out the material truth by focusing on a case rather than a person as partisan interest. Consequently, the importance of the gathering evidence in that stage is self-evident. This edited collection brings together analyses of the pre-trial process across a number of European jurisdictions together, proffering the opportunity for readers to draw comparisons among them, in order to reach an ideal model of pre-trial procedure. To that end, this edited collection examines the pre-trial procedure in a number of different jurisdictions throughout Europe. Covering a number of key topics, such as the arrest thresholds, the roles of key actors in the process, the limits on the investigation and the rules surrounding the decision to charge, the book critically analyses the safeguards that exist throughout this process, the rights of the suspect as well as the impact of the statements made during the investigative stage. Finally, it examines the impact illegally obtained evidence holds for the trial process. In that respect, the book provides ten distinctive chapters from jurisdictions including Croatia, England and Wales, Estonia, Germany, Italy, North Macedonia, Serbia, Spain, The Netherlands and Turkey. The title of each chapter depicts the relevant jurisdiction and the focus on system of pre-trial on a given jurisdiction. However, some authors have chosen to deal with specific challenges that can be found within a particular jurisdiction. For example, a number of authors have focussed on the benefits and tribulations brought about by recent reforms, such as that in Croatia. Other's as the chapter from The Netherlands focusses on the uniquely fundamental role of the case-file and or German colleagues present interesting arguments surrounding so called 'cash for justice' issues. The youth and inexperience of duty defence lawyers is highlighted as a particular issue in Turkey. The Italian chapter indicates the transformation of Italian criminal justice system from inquisitorial to adversarial approach, starting in 1988. Moreover, both the Italian and German chapters address a significant and permanent topic: the discretion of the prosecutor to conclude the case without trial and respectively penal order issue. In conjunction with that, readers will observe the relationship between police and prosecutor through the empirical date in Serbian chapter. It deals with the tension between the role of the prosecutor as a guarantor for ensuring fundamental rights and freedoms in prosecuting crimes and the Police's operational independence, initiative and creativity in combating crime. The Spanish chapter highlights the strong place of the judge of instruction (juge d'instruction), a traditionally French concept, which is maintained in Spanish criminal xiii procedure. The Estonian chapter reveals that characteristics of Soviet rule remain in thier criminal procedure, even as an EU member state. Our North Macedonian colleagues present and overview of the pre-trial process in a compact way, providing an example of Western Balkan countries. The chapter from England and Wales chapter provides the reader, in particular those who are not non-familiar to common law criminal justice system, with analytical insights into an adversarial pre-trial process. Finally, the chapter from Turkey focuses on the early access to legal assistance in Turkey, with special regard paid to the case of Salduz v. Turkey, a landmark case of the ECtHR that has influenced pre-trial procedure in jurisdictions throughout Europe. In doing so, the book provides a comparative analysis on the pre-trial procedure within Europe that includes the comparison of a variety of themes, drawn together in a concluding chapter. These themes mainly consist of a historical, functional, legislative and cultural focus. In that regard, the readers will discover the influences that have shaped the criminal procedure in a particular jurisdiction, along with the rationale for the approach taken. It should be emphasized that the aims of this book is not to label particular jurisdictions 'good' or 'bad', but rather to allow readers to select elements of each jurisdiction in order to form their ideal model. Further, in a comparative study methodology, a fundamental discussion whether a comparativist should focus more on similarities or differences among jurisdictions exists.1 Rather, the editors prefer to take a pragmatic approach by comparing the jurisdictions covered in the book to find out unique and common practices with other jurisdictions in order to reach an ideal model for the creation a better pre-trial procedure system in Europe.

Author: Charles Platto
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 444

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Book Description
Presents a survey of general pre-trial and pre-hearing procedures in civil and commercial cases in more than 30 countries. Includes chapters on pre-trial and pre-hearing procedures for product liability cases in Germany, UK, and the USA, for recent major multi-party insurance cases in the USA, and for arbitration.

Author: Merijn Chamon
Publisher: Oxford University Press
ISBN: 0192665979
Category : Law
Languages : en
Pages : 369

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While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

Author: Pierre Hauck
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832938345
Category : Criminal Law: Legal Bases
Languages : en
Pages : 0

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International criminal procedure has become significant, given the numerous events on the world stage which have focused attention on the trials for heinous crimes. This highly original work provides a thought-provoking and valuable resource for researchers and academics. Author Pierre Hauck draws on a comparative analysis of judicial decisions in the pre-trial phase of criminal proceedings in France, Germany, and England, and mirrors the output to the supranational level. Hauck's study illustrates the characteristics of the pre-trial procedural order at the International Criminal Court, including the strengths and weaknesses from an international viewpoint.