Solving the issue of detention conditions in Romania. Between national distrust and … international distrust

Sometimes, solving sensitive issues and reconciling national and international commitments is a difficult task. Moreover when the preservation of trust internationally involves measures that do not benefit from a trust capital internally. In Romania, a typical situation in this sense refers to the issue of detention conditions.
Thus, in a social and political climate dominated by distrust towards the criminal policy measures envisaged, as well as dissatisfaction with the compensatory measures adopted, the next steps seem to be difficult. However, extreme legislative measures aimed at responding to internal dissatisfaction, such as the recent repeal of the law regarding the compensatory measures, somewhat populist in the electoral context, affects the trust internationally.
The study is intended as an invitation to debate. In our opinion, solving the issue of detention conditions in Romania is fundamentally related to the trust towards authorities.

The Rise of Private Policy and the Displacement of Public Actors and Standards in the Digital Environment

This paper argues that private actors in the digital environment are displacing and re-articulating public, normative standards through their contractual terms and practical operation. The paper contextualises this trend as part of the ideological legacy of the historical development of the web but argues that it has been specifically enabled by three features of EU law. These are 1) an approach of functional equivalence to laws governing the digital environment, and the actors within it 2) the EU’s neoliberal policy preferences which manifest in a tendency towards the enumeration of economic rather than socially orientated legislative rights protections and 3) the Unions ‘brittle constitutionalism.’ The result of these features and the rise in private standard setting and rights enforcement they generate is an erosion of individual fundamental rights, in particular the rights to privacy and property, which in turn import reductions in individual autonomy and the Rule of Law.

Technology, Trust and the Judicial Role

The courts have not been an exception to the trend of increasing technologization of the public sector and have for a number of years invested in digital uplift projects. Beyond the routine use of technology, many jurisdictions are considering the introduction of more sophisticated applications to automate elements of, or even entirely replace, humans in judicial decision-making processes. Many are asking whether machine learning and other AI applications should assists judiciary in decision-making, and how that might correspondingly transform the role of judges. In this paper, we ask how new uses of technology might, impact judicial values and judges’ own sense of themselves, and even transform the judicial role in contemporary societies. We do this through a focused examination of core judicial values, namely transparency and accountability, independence, impartiality, diversity, and efficiency; and how they may be either supported or undermined by increasing technologization.

Problems with Erga Omnes Effecst of Judgments on Validity of Laws

Th paper covers the problems faced in Malta where the Constitutional Court has decided that a judgement on the validity of alws is only binding intra partes and not erga omnes. This declaration is linked with the requirement of juridical interest or legal standing required by Maltese jurisprudence to file a constitutional case. Only those having e a juridical interest in a case on the validity of laws are bound by an eventual judgment on such case.

Islam-based Legal Language and State Governance: Democracy, Strength of the Judiciary and Human Rights

States embracing Islam-based laws are frequently seen as struggling with establishing democratic institutions, and encouraging executive encroachment on the judiciary. Public in these countries often does not trust state institutions. lack of rule of law further exacerbates citizens’ distrust in public law. Is Islam-based legal language in a domestic legal system associated with lower levels of electoral democracy, fewer protections for private liberties, and a weak judiciary. Relying on original data covering laws in 29 Islamic law states (2001-2012), we focus on Islam-based legal language in these states’ constitutional and subconstitutional laws. By itself, Islam-based legal language is not associated with a weak judiciary or the absence of political liberties. However, subconstitutional—particularly legislative—commitments to Islam-based legal language are frequently associated with lower levels of democracy and fewer protections for private liberties and women’s rights.

The Role of Constitutional Jurisdiction in the Economic Order in a Comparative Perspective

Constitutional Jurisdiction may have a great impact on various fields. In economics matters, for example, the Court might, based on constitutional norms, invalidate governmental acts, interfering in the economic dynamic of a country. As economy plays a major role within a society and its political system, it becomes fundamental to understand the aspects able to interfere on it and, being Constitutional Jurisdiction one of them, it is crucial to study their relation.
Therefore, the aim of this paper is to analyze the case law of the Supreme Court of the United States and of the Brazilian Federal Supreme Court regarding the application of constitutional economics principles — such as Free Market and Free Enterprise. This paper seeks to analyze what both Courts understand about how the government should behave when regulating economy, the economic principles that they are inclined to apply, as well as the meaning given to them and, finally, to compare the results found from both Courts.

Right to Resist and Deliberative Democracy. Reflections on the social outbreak in Chile, and proposals for the new constitution.

This paper argues that the current Chilean social outbreak could be explained by the early modern idea of the right to resist. It also argues that the theory of deliberative democracy is appropriate to manage the conflicts that give rise to this right.

For early constitutionalism, the right to resist was the power to challenge the ruler when he tried to impose decisions that were illegitimate for those who should obey them. Considered as alienable right, modern democracies avoid its exercise creating institutions and procedures to legitimize political decisions through representative decision-making.

In Chile this framework failed. Constitutional decision-making devices have lost legitimacy and a large part of the population is defying the law. Finally, a referendum was called to decide on the adoption of a new constitution.

Just as a deliberative democratic device allowed measured resistance, the new constitution could incorporate others in it to improve Chilean democracy.

Vox populi as a driving force for lawmakers

According to the OECD research the Czech Republic is a country with the second highest rate of laws proposed by the Parliament. Combined with the fact that the right to initiate an amendment to a debated bill is a right already vested to the individual lawmaker, the Czech legislative procedure is facing unique problem of its decentralisation. Especially peculiar is a fact that bills are often covering very sensitive areas with high socioeconomical impacts – laws such as Contract Register Act or the Baillif Code are both examples of very impactful pieces of legislation where regulatory impact assessment was not conducted. Furthermore, the Government must respond to such proposals, usually by introducing its own legislative proposal, therefore individual bills serve as an agenda setting tools. However, from theoretical point of view of legisprudence, such behaviour leads to a legislative inflation and very often to the regulatory failures as well.

Direito processual penal coletivo: A tutela penal dos bens jurídicos coletivos: direitos ou interesses difusos, coletivos e individuais homogêneos

The classic paradigm of Criminal Law and Criminal Procedure is not adequate to combat crimes that affect the interests of the whole community. This perspective promotes innumerable questions in Criminal Law and, consequently, in Criminal Procedure, due to the lack of effectiveness in the protection of the interests of society.
The book intends to trace the peculiarities of “Collective Criminal Procedure”, covering both the Civil and Common Law systems. The proposal of (re)thinking the problem of enforcement of Criminal Law is useful for a deeper understanding of criminal prosecution, questioning about the very phenomenon of Criminal Procedure itself and elucidates the complex interactions between Collective Criminal Procedure and Law, as well as it’s consequences under the individual perspective.
Working on islands of uncertainty in an ocean of doubts, the authors wrote a book that is the foundation of its own theories and has started the discussions about Criminal Class Actions.

Inclusion, Cities and the Law: Rethinking Urban Planning in the Context of Increased Litigation in Colombia

In the 1990s, a new Constitution and progressive laws in Colombia facilitated the transition from a modernist urban planning paradigm to one where participation was privileged. 30 years later, studies show the limited impact of participatory planning in addressing social and environmental injustices. While several mayors acquired local and global recognition by ‘constructing’ their cities as international “best practices,” vulnerable populations continue to be excluded from everyday planning decisions. At the same time, there has been a rise in litigation around urban planning in Colombia. The rise in litigation against cities has resulted in judges often dictating how housing, public space, or waste management ought to be implemented. This article analyzes the extent of litigation in Colombian cities and its impact on urban planning decisions. Using Bogotá as a case study it reflects on the prospects and limits of the judicialization of urban planning in the country.