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Mandatory human rights and environmental due diligence legislation such as the new EU’s Directive on Corporate Sustainability Due Diligence (CSDDD) have received praise and critique in practice and scholarship. This contribution assesses the regime of administrative enforcement contained in the CSDDD and asks if it meets the standards of effective remedy.

O objetivo do artigo é discutir a baixa capacidade de enforcement do Conselho Nacional de Justiça (CNJ), a partir do estudo de caso do cumprimento da Resolução CNJ 203/2015, que instituiu a política de reserva de 20% das vagas em concursos públicos para cargos efetivos e de ingresso na magistratura para pessoas negras. Sistematizamos dados oriundos do levantamento estatístico do perfil racial de juízes e servidores do quadro de pessoal dos tribunais do país realizado pelo Conselho Nacional de Justiça (CNJ, 2021), correlacionando-os com dados populacionais, e acrescentamos informações de natureza qualitativa, a partir de entrevistas realizadas com magistrados e servidores, buscando identificar os impactos e o alcance da política de cotas no âmbito do Poder Judiciário. Constatamos que a referida resolução não vem sendo cumprida pela maior parte dos Tribunais, sendo que a ausência e/ou insuficiência de dados compromete a realização de um diagnóstico mais robusto sobre a inclusão de negros e negras no Judiciário, tanto na magistratura, quanto no corpo de servidores. Concluímos que Resolução do CNJ só se cumpre quando há vontade política dos dirigentes dos tribunais, dos juízes, e comprometimento por parte dos servidores, ou quando se trata de garantir vantagens corporativas para a magistratura.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 809-851 | Article | (Table of Contents) I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3. Art. 21 TEU – III.4. The Charter of Fundamental Rights of the EU – IV. Enforcing Democracy Beyond Art. 7 TEU. – IV.1. Problematising art. 7 – IV.2. Centralised enforcement – IV.3. Decentralised enforcement – V. Conclusion. | (Abstract) This Article analyses several ways in which democracy as a core value of the European Union can be enforced against member States violating democratic principles. Following the crisis of democratic backsliding in several Member States, no legal action has been taken on the basis of a breach of democracy or democratic principles. A possible explanation is that violations of art. 2 TEU are subject to a specific enforcement procedure (laid down in art. 7 TEU), which is notoriously hard to trigger. Furthermore, since art. 2 TEU refers to abstract values, it is frequently asserted that values such as “democracy” cannot be legally enforced. This Article, however, claims that the value of democracy has a sufficiently clear core legal meaning in EU law to be legally enforceable. Secondly, this Article claims that EU law includes numerous other centralized (at EU level) and decentralized (at Member State level) enforcement mechanisms beyond art. 7 TEU that can be used to enforce democratic principles. The current absence of enforcement action against such Member States, therefore, is largely a political choice instead of a legal requirement.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 579-582 | Article | (Abstract) This Special Section is devoted to assessing whether core areas and core values of European law are future-proof (and how they could or should be made future-proof) in light of developments in terms of digitalisation and technological innovation. It is the result of a joint project of researchers at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) at Utrecht University, focusing on the impact of digitalisation in different fields of EU law including EU internal market law, consumer protection law, data protection law, competition law, financial law, intellectual property law and criminal law. Digital technologies create various challenges, in many cases associated with the use of algorithms, the massive collection of personal data and the possibilities (and difficulties) of access to digital content. All these challenges require careful consideration, and regulation and enforcement arrangements which protect and balance the possibly conflicting values that we deem important in our societies, including innovation and technological development and protection of fundamental rights. Yet, it is exactly the continuous and fast-paced technological developments that make it difficult to regulate in these areas. In the EU, this response is predominantly shaped and guided within the multi-level legal order, whereby the EU legislature has gained a growing role in shaping our digital societies. The Special Section editors hope that the contributions provide food for thought, useful insights and inspiration for the process of making regulation and enforcement in the EU (more) future-proof for digitalisation – both within the specific fields of expertise and beyond.

The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends.Aim. Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation.Tasks. The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents.Methods. Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used.Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018.Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states.

There are important reasons for states to recognize and enforce the judgments of other states' courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or "fine tune"the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, to our knowledge, unique to the law of the United States stands out: The principle of systemic calibration, according to which U.S. courts must not recognize or enforce foreign judgments "rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law."In this Article, we aim to shed empirical light on how U.S.-style systemic calibration operates in practice. We find that state-of-origin indicator scores related to systemic adequacy are on average higher when U.S. courts recognize or enforce foreign judgments than when they refuse to do so. Moreover, the probability of recognition and enforcement increases as these indicator scores increase. However, in only six of the 587 opinions in our dataset did a court refuse recognition or enforcement based explicitly on the systemic inadequacy ground. Thus, while the level of systemic calibration in U.S. courts is high, it is mostly achieved implicitly. Finally, even judgments from states with low systemic adequacy scores are sometimes recognized or enforced by U.S. courts.

Timely and efficient enforcement of court decisions is the most important process for any legal state since the power of the law lies in its enforcement. The effectiveness of the enforcement process may have a significant impact on the development of the socio-economic situation of the country, as well as positively affect the level of public confidence in the court. The effectiveness of the enforcement process largely depends on a well-functioning enforcement system; therefore, it must have maximum independence, and flexibility and, at the same time, be focused on the protection of basic human rights and freedoms. Its organizational arrangement and the levers of enforcement implementation, the rights and duties of the persons participating in the enforcement proceedings, as well as the scope of authority of the bailiff as an enforcement entity in the process of enforcement proceedings are important, along with this, the existence of the private bailiff institution in Georgian enforcement law is of the utmost importance. Based on the foregoing, the article reviews the development of the enforcement system in Georgia, the structure of the National Bureau of Enforcement and its powers and the peculiarities of the work of a private bailiff. The importance of the principle of protection of balance and proportionality between the persons participating in the enforcement proceedings is also reviewed and the author’s vision regarding each issue is presented to eliminate the gaps in practice.

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is the most successful multilateral document in the field of international trade law, designed to increase the efficiency of the arbitral institution. This document, as one of the most important transnational documents on which the main framework of the international arbitration regime is based, has been created with the aim of facilitating the implementation and effectiveness of arbitration as much as possible. However, Article 5 of the New York Convention has been provided for a condition that, if fulfilled, the non-enforcement of the judgment would be arbitrated. Some of these cases, according to Article (1) 5, require citation and proof by the defendant of the arbitral award in the country where the request is made and are limited to the territory of the court that recognizes or enforces the award. Others, according to Article (2) 5, prevent the implementation of the needs required by the court of the country of identification and implementation, and cases such as public order, and the applicability of the dispute. This article examines the reasons for refusing to recognize and enforce arbitral awards to address the principle of narrow interpretation in favor of enforcement and the exclusion of the grounds for non-recognition and enforcement set forth in Article 5 of the Convention. The New York Convention and International Commercial Arbitration Act of Iran are reviewed in comparison to each other.

For decades, companies involved in the petroleum industry are committed to complying with International Petroleum Industry Practices (IPIP) or similar terms in performing most of their obligations and operations. This paper examines the consequences of a breach of IPIP in light of reviewing dispute resolution methods in different regimes governing the upstream sector. Reviewing disputes and lawsuits related to the breach of IPIP suggests the different enforcement methods under the various regimes of operation in the upstream sector. With regard to the Iranian petroleum industry, using the results of this comparative study, it was shown that due to the contractual regime used in the relations between the National Iranian Oil Company (NIOC) and International Oil Companies (IOCs) involved in the development of the Iranian upstream sector, any dispute over IPIP as part of contractual terms will cause new risks by triggering the arbitration mechanism. It was also suggested that the preparation of IPIP in the form of precise documents and their periodical update by relevant authorities, including the Ministry of Petroleum, may reduce disputes between the contracting parties (NIOC and IOCs) and determine the latter’s scope of authorities related to selection and application of IPIP.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1537-1567 | Article | (Table of Contents) I. Introduction. - II. Equal pay standards under the European Social Charter. - II.1. Obligations deriving from the protection of equal pay under the European Social Charter. - II.2. What place for EU law? - III. The European Commission's proposal on binding measures regarding pay transparency. - III.1. What role for ESC standards? - IV. How does the proposal compare to the ESC standards? - V. Opportunities and challenges. - VI. Conclusions. | (Abstract) The legal frameworks protecting the right to equal pay at European level are being reshaped. This re-shaping is taking place in parallel within the European Social Charter (ESC) system, through the case-law of the European Committee of Social Rights, and in EU law, through a proposal for a Directive on pay transparency and enforcement mechanisms. In this Article, we revisit the interaction between the ESC and EU law, in the context of the right to equal pay between men and women for equal work or work of equal value. Emerging equal pay standards are detailed and address long-standing enforcement problems that have deprived legal frameworks of their full potential as an avenue for the effective realisation of the right to equal pay. We show, however, that there are some differences between the ESC and the EU instrument underway. The ESC seems to set more progressive standards in certain respects and has the potential of accommodating workers' interests with fewer restrictions. This is particularly evident in relation to employers' wage reporting obligation and positive obligations to promote equal pay. With regard to the interaction of EU law with the ESC system, we argue that re-cent equal pay developments do not suggest a major break from existing critical accounts of the stance of the EU legal order towards more progressive social rights standards found in the ESC.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 721-737 | Article | (Table of Contents) I. Introduction - II. The road to rule of law conditionality - III. How the rule of law conditionality regulation became an instrument of budget conditionality - III.1. The conditionality mechanism in Regulation 2020/2092 - III.2. Article 322(1) TFEU as the correct legal basis - III.3. Sufficiently direct link - III.4. Alleged infringement of art. 7 TEU, circumvention of art. 258 TFEU, and destabilising the institutional balance - IV. Other traces of rule of law conditionality - IV.1. References to Regulation 2020/2092 - IV.2. Applying rule of law conditionality under the Recovery and Resilience Facility - V. Conclusions. | (Abstract) During the last decade, a deterioration of the respect for the EU's common values occurred. On the EU level, various procedures and instruments have been created and applied to cope with the crisis. The latest instrument, Regulation 2020/2092, was designed to establish a rule of law conditionality mechanism but has turned out as a budget conditionality mechanism. This Article examines the evolution and nature of the conditionality mechanism in said Regulation and shows why rule of law conditionality can currently rather be located in the financial instruments breathing life into the EU Green Deal than in the so-called rule of law conditionality Regulation.

Food safety regulation requires adequate resources. Due to its complexity, food safety regulation needs multidisciplinary stakeholder intervention. The National Agency for Drug and Food Control (NADFC) as the appointed body encountered problems in law enforcement works with other food safety-related bodies. The discussion focuses on the administrative enforcement of food safety regulation in Indonesia and these shortcomings is followed with analysis of some possible solutions. However, their performances are hampered by several issues. This research is conducted with a desktop study of information obtained from primary and secondary sources. Also, to get some insights to improve the administrative enforcement in Indonesia, this study is carried out using comparative method. Therefore, the New South Wales (NSW) laws, regulations, policies, and principles are analysed. This study finds that the drawbacks of the administrative enforcement of food safety regulation in Indonesia is caused by limited enforcement funding; lack of community knowledge and awareness towards food safety; lack of competent food inspectors; and lack of coordination between food safety administrative bodies. Some recommendations have been proposed, namely applying industry funding; implementing food hygiene rating; establishing enforcement guidelines; and appointing a single coordinating body for food safety.

This article analyzes the problems of enforcement of non-pecuniary (personal) judgments. Such judgments are characterized by a specific coercive enforcement procedure, as it can only be executed by a specific person (debtor), and ordinary enforcement measures are generally not applied. The legal acts regulating the forced enforcement process determine several sanctions that the court has the right to apply to a debtor who does not comply with a personal court decision. Such sanctions are regulated in Article 145(9), Article 273(3), and Article 771(6) of the Code of Civil Procedure of the Republic of Lithuania. In court practice, a number of questions arise regarding the interpretation and application of the bases of these sanctions and their mutual compatibility. This article examines the cases in which the court should apply the sanctions established in the aforementioned articles and how their application allows the goals of the enforcement proceedings to be achieved. The article raises the question of whether the grounds for the application of these sanctions are adequately regulated, or whether the judicial practice interpreting them is justified.

One common criticism of the EU’s competition regime is that it hinders adequate mitigation of crises by preventing a collaborative response to the problem. We suggest that this view is incorrect. We suggest that a collaborative response is unlikely to effectively mitigate most problems. Yet some forms of cooperation can facilitate a crisis solution. These may be at the margin of legality, giving uncertainty as to whether the proposed practice is permitted. With the possibility of significant penalties for competition infringements, most undertakings will not engage in such cooperative practices. There are significant legal and institutional impediments to providing this Guidance. Such gaps lead to uncertainty found in the nature of the EU competition rules and in NCA practice. We argue that the means forward is with greater engagement and guidance by the Commission and NCAs.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1463-1484 | Article | (Table of Contents) I. Introduction. - II. Key features of the general framework of implementing and adapting EU law. - III. Sui generis aspects of the framework governing the implementation of the law of EMU. - III.1. The ECB's implementing function under SSM. - III.2. Enforcement as a separate executive function from implementation under art. 291 TFEU. - III.3. The exception of Council implementation under art. 291(2) TFEU. - IV. A constitutional assessment. - IV.1. The ECB's implementing function under the SSM. - IV.2. Implementation by the Council. - V. Conclusion. | (Abstract) This Article compares the implementation of EMU law with the framework governing the implementation of EU law in general to determine whether that general framework has been complemented, adapted or transformed by the developments in the area of EMU Law. This Article finds that the legal framework governing the implementation of EMU law indeed deviates from the default framework. However, part of the sui generis framework for implementing EMU law is constitutionally mandated. On the other hand, it is less clear whether the ECB is entitled to supplement legislation or whether in fact it can only implement legislation. A second problematic aspect that this Article identifies is the significant role that the Council takes in implementing EMU law. Finally, it is in the area of EMU law that the Court identified a distinct type implementing power that is not covered by art. 291 TFEU or by other explicit legal bases in the Treaties that directly confer an executive power on the Council. The new type of power is not necessarily restricted to EMU law and can in principle be identified in other areas of EU law, showing the ramifications that the development of EMU law has on other areas of EU law.

Enforcement proceedings shall be effective and all procedural guarantees of the right to a fair trial shall be ensured. This article examines the problems of recovery from property pledged by mortgage or pledged for the benefit of third parties. The Law on Civil Procedure of the Republic of Lithuania allows recovery from such property in enforcement proceedings only when the creditor does not contest this possibility. However, this creditor right is not absolute, and the creditor shall not abuse this this right. This article analyses how the protection of a claim secured by a mortgage or pledge must be reconciled with the goal of an effective enforcement process when there is a need to recover from property secured by a mortgage or pledge. The article assesses the procedural problems that arise for the bailiff in order to perform recovery from such property, the legal status of the mortgagee or pledge creditor, and the rights and obligations in the process of execution. The relevant case law shows that one of the fundamental problems in such collection procedures is the objection of the mortgage or pledge creditor to the recovery of the property pledged to them. It also examines how such consent should be expressed, what legal consequences arise when the creditor opposes such recovery, and in which cases recovery from mortgaged or pledged property is possible without the creditor’s consent.

The essence of this article is to evaluate the use of criminal law as an effective mechanism for the protection of the environment in Nigeria. There has been an increasing use of criminal prosecutions in environmental matters worldwide, but in Nigeria, it has proved an ineffective mechanism. We have adequate provisions for salient criminal aspects under the environmental statutes but they are bereft of enforcement. Some of these statutes are defective in all respects which detracts considerably from their potency. For instance, the general level at which fines are imposed neither reflects the gravity of the environmental crimes nor punishes adequately those who commit them. The discourse also examines the legal and economic theories of criminal law enforcement in comparison with the current realities in Nigeria. Finally, it suggests a review of the legal framework for the criminal enforcement of environmental laws as well as sentencing guidelines in Nigeria. [ABSTRACT FROM AUTHOR]

In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented.

The article follows the origin of the English forum non conveniens doctrine development in stay proceedings, its alterations, and applicable tests leading to CJEU’s decision in Owusu. Owusu ultimately forbade English courts to stay its proceedings and allow a “more convenient” forum to decide on the dispute merits in cases where the jurisdiction was conferred by the Brussels regime – not only concerning other EU courts but worldwide. With the UK’s withdrawal from the EU, a question appears whether English courts might again exercise this power. If affirmatory, the paper proceeds to assess various applicable, or presumably fitting, instruments, both for allocation of jurisdiction, and recognition and enforcement of judgments – Lugano Convention, Hague Convention 2005, and Hague Convention 2019. The paper also assesses how these instruments might interact with the use of forum non conveniens doctrine.

Simple Summary: Animal welfare legislation is routinely underenforced by the state. This underenforcement has obvious and direct implications for the animal victims of cruelty and neglect. This article proposes that there are also less obvious constitutional implications of such underenforcement: it undermines the rule of law. This article constructs this argument from a review of rule of law literature and investigates the implications of underenforcement being a constitutional problem. Many have decried the state's underenforcement of animal welfare legislation because of the direct negative effects on animal interests. This article will advance the argument that such underenforcement has a much deeper societal effect because it undermines the rule of law. It does so by first, reviewing rule of law literature to advance the proposition that the state has a general obligation to enforce the law and, specifically, animal welfare legislation. It then looks to the practical issues that arise with the argument, specifically prosecutorial discretion and private prosecutions. Finally, it concludes that the state's underenforcement of animal welfare legislation does indeed run contrary to the rule of law, and thus regardless of whether we have the interests of animals at the front of our minds, it is a matter that should concern us all. [ABSTRACT FROM AUTHOR]

This article aims to find the ideal format to implement the Constitutional Court (MK) decision through the principle of erga omnes. The erga omnes aims to guarantee the protection of human rights for all citizens. However, the principle of erga omnes cannot be implemented properly due to the gap between adressat and the verdict issued by the MK. This inconsistency and disobedient will result in decline of the erga omnes. An ideal system is needed to improve the application of the Constitutional Court's decisions in accordance with the principle of erga omnes. The results showed that to maximize the principle of erga omnes requires cooperation between the MK and other state institutions or adressat. This can be combined with the implementation of judicial deferral and the provision of deadlines for the follow-up of decisions imposed on adressat as a representation of determining legal boundaries and certainty.

International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Law enforcement is a major concern when an offence of some kind of illegal transshipment occurs. The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory. Historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 25-28 | European Forum Insight of 29 March 2021 | (Table of Contents) I. The Digital Markets Act proposal: core objectives. - II. Background. - III. The challenge: two regimes with similar objectives. - IV. The way forward: temporal and conceptual separation of regulation and competition. | (Abstract) This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the Eu-ropean Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU Competition Policy and the concomitant danger of over- or double-enforcement against the norm addressees of the DMA.

The press in performing its functions can not be separated from all acts of fraud and irregularities committed by the subjects of the press both the public, the press (journalists, media, press council, etc.), even the government. Criminal law has two main elements namely, the first is the existence of a norm, which is a prohibition or order (rule). Second, the existence of sanctions for violations of the norm in the form of threats with criminal law. This research aims: 1) to analyze criminal law enforcement against journalists who make the wrong coverage. 2) To analyze the legal liability system for journalists who make the wrong coverage. 3) To analyze the efforts that can be taken due to wrong press reporting. the research method used is qualitative analysis, data sources obtained through interviews, observations, documentation and literature relating to the title of the study. If the elements of crime committed by journalists are fulfilled egal liability mechanism for journalists who make the wrong reporting, then the legal liability is resolved through the mechanism of the Press Law by referring to the Press Council as the party authorized by law. Enforcement of criminal law against journalists who make scientific publications are based on journalists that have violated provisions which are guidelines for writing news an caused impact on parties who are disadvantaged by the publication. Efforts that can be taken as a result of wrong press reporting can be done by making complaints at the Press Council which will resolve public complaints on cases related to press reporting to immediately revoke, rectify, and correct false and inaccurate news accompanied by an apology to the reader, listener, and or viewer.There is an urgency for control by the Head of Newspapers in applying the journalistic code of ethics to journalists is carried out continuously. Moreover, the journalistic code of ethics needs to be a guideline for conducting news breeding. To the public, they should not hesitate to report to the Press Council if there is false publication of the news.

The article deals with the conditions under which Czech courts recognise and enforce judgments rendered in commercial matters by courts outside of the EU. The relevant rules on recognition and enforcement are contained in both the Czech Act on Private International Law and in a number of international treaties binding for the Czech Republic. The authors analyse in detail the Czech national rules with particular emphasis on grounds for non-recognition and on the enforcement procedure, including relevant national case-law. As the Czech Republic is bound by a significant number of bilateral treaties on legal assistance that contain relevant provisions, the authors also bring a brief overview of the rules therein.

The refusal of a taxpayer to respond or pay the tax due has always provoked the tax authority to approach the court with an ex-parte application in chambers. The result of this ex parte application arms the tax authority with a restraining order. With a detached team of policemen, the tax authority will storm the premises of the taxpayer, vandalize, forcefully drive out the tax payer and seal up the premises. All these arrangements and decisions are done behind the taxpayer. This paper examined the constitutionality of the entire procedure for the recovery of tax due to the tax payer. The paper utilized doctrinal methodology in analyzing the extant laws and case laws as they relate to the subject matter. The paper submits that decisions under section 104 PITA are too weighty to be taken in the absence of the taxpayer. The paper, therefore, recommends some sort of judicial activism by judicial officers in exercising their discretion and accommodate the interest of the taxpayer.

The aim of this article is, on the one hand, to provide an overview of the competition law framework in Kosovo vis-á-vis the establishment of the Kosovo Competition Authority (hereinafter; the Authority), its institutional design as well as the criteria for becoming a member of the Commission within the Authority, which is the most important decision-making body in the field of competition law in Kosovo. On the other hand, it discusses some of the challenges the Authority as well as the courts are facing as regards the effective enforcement of competition law provisions in Kosovo, be it procedural or substantive. In addition, the only three cases decided by the Authority, since its establishment in 2008, are briefly discussed. Last but not least, it tries to contextualise the role of the EU concerning enacting as well as enforcing competition law in some of the South East Europe (hereinafter; SEE) countries, with the main focus placed on Kosovo. Without the European perspective, it is convincing to say that the picture that would result from a competitiveness viewpoint would change dramatically, although the EU’s efforts alone are not sufficient in the absence of serious efforts by the states themselves.

Medicine advertisements need to be controlled to ensure public interest is protected from harm and complications. This is because the medicine advertisements accessed could be misleading, untrue, and contain highly exaggerated advertising claims. The law in the control of medicine advertising is complex and advancements in technology has made advertising of medicines even more challenging. Typically, every public-policy problem will be solved through legislation or government action. However, the implementation of the self-regulation approach in regulatory enforcement of medicine advertisements has not been evidently shown and therefore, needs to be studied. This study is aimed at determining regulatees’ initial perception in adopting the self-regulation approach in the regulatory enforcement of medicine advertisements in Malaysia. A mixed method study was conducted using data collected from the feedback obtained through an evaluation form distributed at a seminar organised in 2015 and from library research. Data generated from the 2015 seminar was the only data available at the national level and this data could only be obtained from the Pharmacy Enforcement Division. The seminar, which was attended by regulators, government agencies, publishers, advertising agencies, companies from the pharmaceutical industry, and the relevant organisations who were stakeholders in he industry, was a way to advance new guidelines and a regulatory enforcement approach on medicine advertisement. The results from the survey revealed that 58 percent of the participants favoured the self-regulation approach. Their perceptions were found to be positive towards the self-regulation approach. Based on a thematic analysis, the results seemed to suggest that the concern of the regulatees about the self-regulation approach could be categorised into four important factors, which were the Malaysian industry’s attitude and behaviour, government approval, government enforcement, and the management of the self-regulation approach. Nevertheless, in order to adopt the self-regulation approach, this study has highly recommended that the government should explicitly encourage self-regulatory bodies in Malaysia to implement the self-regulatory approach. For future studies, it is suggested that research be conducted to identify the effectiveness of the self-regulation approach among the various stakeholders of medicine advertisement.

The forum non conveniens doctrine gives courts the discretion to dismiss a lawsuit on the ground that a court in a foreign country is more appropriate and convenient for adjudicating the parties' dispute, and the Supreme Court has provided a list of private and public interest factors to guide this discretion. One of the private interest factors, however, remains poorly understood: the enforceability of a judgment if one is obtained. As a result, the judgment enforceability factor is often neglected by judges and lawyers. When it is applied, it tends to be applied inconsistently or in a conclusory manner. This Article explains the proper role of the judgment enforceability factor in forum non conveniens analysis, and provides a simple framework to guide its application by judges and lawyers. Part II explains the context of the Article's analysis by providing a brief overview of the forum non conveniens doctrine and how the enforceability factor fits into it. Part III argues that the judgment enforceability factor is important not only doctrinally, but also for justice and efficiency. Pari TV identifies the problem: Notwithstanding the judgment enforceability factor's importance, it is often neglected; when it is not neglected, it tends to be applied inconsistently; and even when the factor is properly interpreted, it is often applied in a conclusory manner. Part V offers a solution to this problem by drawing on the best practices of judges, the law of foreign judgments, and the realities of transnational litigation to develop a framework for the proper application of the enforceability factor. By taking the judgment enforceability factor seriously, judges can help ensure that the forum non conveniens doctrine will effectively advance the goals of justice and efficiency.

Persekongkolan tender dan tindak pidana korupsi memiliki hubungan erat karena berkaitan dengan pengadaan barang dan jasa yang dilakukan pemerintah, karena sebagian atau seluruhnya pengadaan dibiayai dari APBN/APBD atau anggaran negara lainnya. Perbuatan dalam persekongkolan tender juga dapat dikategorikan sebagai perbuatan tindak pidana korupsi. Oleh karena itu, terdapat dua lembaga penegak hukum yang berwenang menindak para pelakunya, yakni KPPU dan KPK. Tujuan dari penulisan jurnal ini untuk mengetahui bagaimana upaya penegakan hukum dalam pengadaan barang dan jasa pemerintah yang dilakukan oleh KPPU dan KPK, serta apa saja faktor-faktor yang mempengaruhi proses penegakan hukumnya. Penelitian ini menggunakan metode penulisan hukum normatif yang didukung dengan data dan informasi dari wawancara/kuisioner. Sementara itu, pendekatan yang dilakukan yakni menggunakan pendekatan perundang-undangan (statue approach) dan pendekatan komparatif (comparative approach). Hasil dari penelitian ini menerangkan bahwa penegakan hukum dalam pengadaan barang dan jasa pemerintah yang dilakukan oleh KPPU terhadap perkara persekongkolan tender dilaksanakan berdasarkan Undang-Undang Anti Monopoli, Perkom No.1/2019 dan Perkom No.2/2010 (Pedoman Pasal 22). Sedangkan, penegakan hukum dalam pengadaan barang dan jasa pemerintah dilakukan oleh KPK terhadap perkara tindak pidana korupsi berdasarkan Undang-Undang Tipikor, Undang-Undang KPK dan KUHAP. Kedua lembaga tersebut memang memiliki ruang lingkup dan kewenangannya masing-masing, namun keduanya juga memiliki kerjasama dalam hal pengawasan dan penegakan hukum dalam pengadaan barang dan jasa pemerintah yang tertuang dalam Memorandum of Understanding (MoU) antara KPPU dan KPK. Sementara itu, faktor-faktor yang mempengaruhi penegakan hukum dalam pengadaan barang dan jasa pemerintah yang dilakukan oleh KPPU dan KPK, antara lain faktor peraturan perundang-undangan (substansi hukum), faktor penegak hukum, faktor sarana/fasilitas, faktor masyarakat dan faktor kebudayaan.

The paper analyses the legal challenges brought to the Slovak competition law by Directive (EU) 2019/1 of the European Parliament and of the Council of 11December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The author selected particular issues from Slovak competition law and compares the state-of-the-art national situation with corresponding parts of this harmonising act. In the paper, specific attention will be given to compliance with safeguards, to the regulation of conflict of interest, to the examination of the effectiveness of enforcement, and to the possibilities of undertakings to avoid their responsibility for the breach of competition law. As the Member States have time for the transposition until 4 February 2021, this paper may initiate the debate on what to improve in Slovak legislation to achieve the goals set in this Directive

The article analyzes the legal means that are elements of both the mechanism of legal regulation and legal technology, their characteristics are given, its purpose is indicated. The legal regulation of public relations is considered not only as a static phenomenon, but also as a dynamic process, showing a phased movement from one element to another in their interaction, starting with lawmaking and ending with the achievement of the goal of legal regulation, which consists of the formation and strengthening of law and order in society. A model of the mechanism of legal regulation as a set of combined legal means at all stages of the legal regulation of public relations, including lawmaking, legal relations and the implementation of law, is proposed. The types of legal technology are considered. It is shown with the help of which techniques and means various legal technological operations and actions are carried out, forming the sum of technologies for creating legal documents and implementing legally significant acts and procedures. This is about the same legal means that are elements of a legal regulation mechanism. And here the categories of “legal technique” and “legal regulation mechanism” partially coincide. In this regard, the relationship between the categories of legal technology and the legal regulation mechanism is formulated, in which the legal regulation mechanism is general and the legal technique is private.

This Paper examines the most important innovations in the recently adopted European Directive 2019/2161 on better enforcement and modernisation of Union consumer protection rules. First, by adding the innovative rules, such as the ones on the trustworthiness of online reviews, the Directive aims to adapt the European regulatory framework on consumer protection to the challenges and particularities of the digital age and the digital market. Second, through the sharp rise of the fines for breach of consumer law and through the introduction of a mandatory individual remedy to the consumers who has been a victim of unfair commercial practices, the Directive substantially contributes to strengthening of the general enforcement mechanism of EU consumer law and achievement of high level of consumer protection.

The paper contains an analysis and discussion of the novelties introduced by the Croatian Family Act of 2015 in the enforcement proceedings for handing over the child to the person entitled to custody and exercising access rights with the child, taking into account the procedural subjectivity and position of the child (especially her/his right to express opinions and thus influence the course of enforcement proceedings) as well as the significance of the methods of professional work of the social welfare center and family mediation on this procedure. Then, the author discusses and evaluates the new solutions of the Brussels II ter Regulation in the field of recognition and enforcement of decisions in cases of parental responsibility with a cross-border element in the light of procedural rights of the child and the need to achieve effective enforcement, as well as of the circumstances of grave risk to the child that may affect the enforcement of decisions in parental responsibility cases issued in another EU Member State. In the concluding part of the paper, the author presents a summary synthesis of the main results of the research, as well as certain de lege ferenda recommendations.

n 2018, the competition authorities in the Western Balkans (Serbia, Montenegro, Bosnia and Herzegovina, and North Macedonia) have continued with their enforcement activities. The level of their activity varies from year to year, but the trend has continued where the Serbian competition authority is the most active one in the region. Generally, the focus of the enforcement activities of the Balkan competition authorities is on merger control, an exception being Bosnia and Herzegovina, where the emphasis is on antitrust enforcement.

Insider trading is statutorily prohibited in Zimbabwe. This is primarily aimed at promoting public investor confidence, market efficiency and enhancing the integrity of the Zimbabwean financial markets. As a result, some activities that could amount to insider trading in the Zimbabwean financial institutions and financial markets are outlawed in the Securities Act 17 of 2004 [Chapter 24:25] as amended (Securities Act). Despite these comendable efforts, various flaws and gaps in the aforesaid statute have somewhat impeded the role and effectiveness of the anti-insider trading regulatory bodies and enforcement authorities in Zimbabwe to date. Given this background, the article investigates the role of the relevant enforcement authorities and other key role-players in the detection, investigation and prosecution of insider trading activities in Zimbabwe. This is done by discussing the role of the Securities and Exchange Commission of Zimbabwe (SECZ), the Zimbabwe Stock Exchange (ZSE) and the courts.

The aim of the paper is to present an insight into the challenges raised by digitalized and data-driven markets to competition policy and enforcement in the Big Data era. Focusing on the assessment of information exchange in the digitalized environment, traditional risk factors are analyized and it is argued that new risk factors can be identified. The paper provides an overview of relevant recent Hungarian case-law to examine the role of information exchange, taking place in a data environment that offers an increased amount of up-to-date and relevant market information for analysis. Further, the paper summarizes the enforcement responses to the demand-side challenges raised by online platforms, user interfaces applying new approaches and practices that can directly influence consumer behavior. The consequence is drawn that the extended economic and IT-related argumentation may affect the nature of proceedings and some new phenomena, as the role of secondary intermediaries, integration of online and offline market segments open new fields for assessment

Conservation groups are always challenged with assigning limited resources to interventions they assume will have the most effective impact in addressing threats to their conservation targets. These decisions are often made based on experience and perceived outcomes, rather than evidence. In the past decade, multiple public awareness and proactive law enforcement activities have been initiated in the Congo Republic to address the illegal wildlife trade. This paper presents the challenges faced and lessons learned in shifting from experience to evidence‐based program evaluation related to the effectiveness of billboards in informing and inspiring local populations to support positive conservation behavior with regard to great apes. RESEARCH HIGHLIGHTS: Critical assumptions on public knowledge of wildlife laws influenced design of campaign, these assumptions were later proven inaccurate through campaign survey questionnaire resultsLinking falling rates of confiscations of chimpanzees to public awareness campaign through evidence‐based process is far more challenging than expectedRobust survey methods in public awareness campaigns is critical to attaining evidence to validate the effectiveness of these campaigns [ABSTRACT FROM AUTHOR]

The European Court of Human Rights whose main mission is to consider individual and States petitions in case of the violation of the European Convention on Human Rights and Fundamental Freedoms and its additional protocols, based on the applicant’s request or at its own discretion, tries by indicating interim measures to prevent States actions that might inflict serious and irreparable damage to the applicants. This competence is not specifically enshrined in the Convention, however, it is recognized in article 39 of the rules of the Court. This article, by reviewing the Court’s case-law, investigates to what extent the Court invokes this jurisdiction and whether the interim measures entail enforcement mechanism. The findings of this article show that the Court is using interim measures in an exceptional manner to prevent the violation of articles 2 and 3 of the European Convention on Human Rights. Furthermore, due to the fact that the enforcement of interim measures is not expressly recognized in the Convention or the rules of the Court, the court by its judgments and with referring to article 34 of the European Convention, endeavors to establish an effective enforcement.

One of the animals favored by people and can be used as food for some people in Ambon City is cuscus (phalanger spp) is one of the long-tailed marsupial mammals and is also a part of natural resources that is priceless so that its sustainability needs to be maintained through various safeguards. In detail, the regulations concerning these animals are regulated in the regulation of the Minister of Environment and Forestry No. 20 of 2018 concerning the types of plants and animals that are protected. Protected animals are animals that have rarely existed and are therefore protected by various regulations. One of the actions which until now still often occurs and violates the rules in protecting animals is used as food (killed) for some people in Ambon City are cuscus (phalanger spp). The killing of wild animals is an act that has violated the provisions contained in Law No. 5 of 1990 concerning Conservation of Biological Resources and their Ecosystems. Where in article 21 paragraph (2) (a) it has been stated that the prohibition to kill protected animals. In an effort to protect the animals from killing, law enforcement against the trade of protected animals is a process of embodiment of the rules regarding the protection of animals in practice legally in order to realize the goal of protecting protected animals. Research based on normative law research (normative law research) uses normative case studies in the form of legal behavior products, for example reviewing laws. The subject of the study is a law conceptualized as a norm or rule that applies to society and becomes a reference for everyone's behavior. The application of criminal sanctions against some residents of Ambon City who consume cuscus animals (phalanger spp) does not work properly

Many have decried the state’s underenforcement of animal welfare legislation because of the direct negative effects on animal interests. This article will advance the argument that such underenforcement has a much deeper societal effect because it undermines the rule of law. It does so by first, reviewing rule of law literature to advance the proposition that the state has a general obligation to enforce the law and, specifically, animal welfare legislation. It then looks to the practical issues that arise with the argument, specifically prosecutorial discretion and private prosecutions. Finally, it concludes that the state’s underenforcement of animal welfare legislation does indeed run contrary to the rule of law, and thus regardless of whether we have the interests of animals at the front of our minds, it is a matter that should concern us all.

Drugs are the main enemy of nations in the world. Indonesia, it seems also has become a paradise for the generation of drugs. Various problems that occur in the community that can be resolved kinship will be resolved in RT Polmas assisted by community figures in the surrounding community. Thus, the empowerment of Polmas by Polrestabes Semarang city in the prevention of drug crime is crucial to be the main program Polrestabes Semarang city. The research location is in Polrestabes Semarang. This research emphasized that Policing Empowerment in Criminal Drugs Control is expected to provide active support to the Polmas to report it if there is any indication that the drug is involved in its territory and dare to disclose its circulation, arrest the dealer, the perpetrator and the producer. Cooperation and coordination and involvement of the above mentioned community participation must be optimally empowered, in order to support the success of the prevention of criminal acts of narcotics.

Propósito – O artigo visa a propor uma reflexão a respeito da possível juridicidade da substituição, num primeiro momento, da aplicação das sanções prescritas no Código Brasileiro de Aeronáutica (CBA) – especialmente em seu artigo 289 – por medidas de caráter alternativo, em caso de verificação da ocorrência das infrações nele prescritas, possibilitando um enforcement regulatório que melhor reflita a eficiência administrativa. Metodologia/abordagem/design – A noção de enforcement regulatório eficiente parte da análise econômica da criminalidade empreendida por autores como Gary Becker e George J. Stigler, analisada por Michel Foucault, e da imagem, proposta por este filósofo, de um direito novo, distanciado de uma concepção do direito essencialmente ligada ao princípio da soberania e à aplicação das relações de dominação. Resultados – Concluiu-se pela possibilidade de temperamento na aplicação das sanções previstas no art. 289, fundamentado na adoção de uma noção de enforcement regulatório que melhor reflita a eficiência administrativa, motivada por uma hermenêutica baseada em princípios constitucionais que fornecem um critério teleológico da atuação administrativa com vistas a otimizar o atendimento do interesse público. Implicações práticas – Refletir sobre a possível juridicidade, fundada em princípios constitucionais e no marco teórico mencionado, da graduação do enforcement na política fiscalizatória e sancionatória da Agência Nacional de Aviação Civil (ANAC) –, através do estabelecimento de medidas alternativas, em lugar da aplicação direta das sanções em caso de verificação de infrações. Originalidade/relevância do texto – O texto pretende, em linhas gerais, contribuir para a análise da juridicidade da otimização do enforcement quando há óbice pela legalidade estrita. A relevância prática reside especialmente na interpretação adequada de disposições legais como o artigo 289 do CBA, que prevê, como consequência necessária das infrações, a aplicação de sanções, impedindo, a princípio, a adoção de uma política de tolerância que possibilite mecanismos prévios de colaboração e prevenção.

Estoppel is generally aimed at promoting equity and fairness in litigation by preventing a person (asserter) from resiling or asserting something contrary to what was implied by a previous action, conduct or statement of that person or by a previous pertinent judicial determination regarding such action, conduct or statement. Accordingly, issue estoppel could be defined to include instances where a person is prevented from relitigating or raising a particular issue in a cause of action that was previously decided by a final judgement of a competent court between the same parties in future cases that have a different cause of action involving such parties. In other words, res judicata prevents the re-litigation of a dispute that was previously decided by a final judgement of a competent court between the same parties (idem actor) or persons (eadem persona) for the same relief, thing or right (eadem res) on the same ground or same cause of action (eadem causa petendi) in future cases involving such parties or their privies. Issue estoppel and res judicata are closely interrelated. For instance, both issue estoppel and res judicata have similar requirements. Nonetheless, issue estoppel and res judicata are relatively different in their application. Accordingly, issue estoppel may only be employed as a defence in appropriate instances where it is justifiable for the court to dispense with the strict application of the requirements of res judicata. Having said this, it must be noted that issue estoppel and res judicata have been confusingly and inconsistently employed in many South African cases to date. Such confusion is mostly found in relation to the relaxation of the three-fold requirements of res judicata and the application of issue estoppel. Given this background, this article exposes certain challenges that are associated with the practical enforcement of issue estoppel in South Africa with reference to Prinsloo NO v Goldex 15(243/11) [2012] ZASCA 28 (28 March 2012).

The objective of research was aims to find, analyze and understand the policy implementation of the ban on construction of building in watershed (DAS Brantas Case Study on Region Soekarno-Hatta Malang). The legal analysis is focused in finding the limiting factors in the enforcement of the ban on construction of the building in the watershed, the legal consequences of the construction of the building in the watershed area and the efforts to enforce the provisions on the prohibition of building in the watershed. The journal is prepared by the method of empirical juridical approach sociological jurisdiction. Based on the survey results revealed that basically factors which hinder the enforcement of the ban on construction of the building in the watershed occurs because Due to the lack of public awareness regarding the building was required to have a permit, factors of weak local economy, the law enforcement officers who are not firmly against the demolition in the area of ​​watershed Brantas also because of the buildings that have stood prior to Regulation No. 1 Year 2012 Malang. The legal consequences of the construction of the building in the watershed area, namely a written warning and a call to the offenders concerned. While efforts to enforce the provisions of the ban on building in the watershed of them with socialization related rules and if there is a violation, the violator will be called to give advance warning letter, if it is still in violation will be given sanction by misdemeanor.