Pub Date : 2023-09-29DOI: 10.1163/22134514-bja10054
Muyiwa Adigun
Abstract The concept of delegated legislation has always been examined between three arms of government. However, the concept has not been seriously addressed between levels of government. This study therefore seeks to examine the concept of delegated legislation between levels of government in Nigeria and Kenya. The study finds that in both Nigeria and Kenya, the concept of delegated legislation within levels of government has not been seriously explored and that in both countries, there is ethnic tension and the need for devolution of power. The study therefore argues that delegated legislation between levels of government if carefully managed may be used to achieve devolution of power and douse ethnic tension in Nigeria and Kenya. The study concludes that Nigeria and Kenya should explore the concept of delegated legislation at levels of government.
{"title":"Delegation of Legislative Power between Levels of Government in Nigeria and Kenya","authors":"Muyiwa Adigun","doi":"10.1163/22134514-bja10054","DOIUrl":"https://doi.org/10.1163/22134514-bja10054","url":null,"abstract":"Abstract The concept of delegated legislation has always been examined between three arms of government. However, the concept has not been seriously addressed between levels of government. This study therefore seeks to examine the concept of delegated legislation between levels of government in Nigeria and Kenya. The study finds that in both Nigeria and Kenya, the concept of delegated legislation within levels of government has not been seriously explored and that in both countries, there is ethnic tension and the need for devolution of power. The study therefore argues that delegated legislation between levels of government if carefully managed may be used to achieve devolution of power and douse ethnic tension in Nigeria and Kenya. The study concludes that Nigeria and Kenya should explore the concept of delegated legislation at levels of government.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.1163/22134514-bja10053
G. Cicchiello
This article performs a comparative assessment of the right to food (RtF) as a living right that must be continuously implemented in the constitutions, in legislative acts and in all the acts that derive from them. In particular, I applied, to the present study, the comparative methodology of constitutional law of the “most different cases” to select the comparable cases. The recognition of the RtF is present in numerous national constitutions. There are three possible categories: a) explicit recognition, as a human right in itself or as part of another, broader human right; b) recognition as a directive principle of state policy; and c) implicit recognition, through broad interpretation of other human rights. It was carried out a comparative analysis of the Italian legislation with the U.S. and Brazil legal framework at international, constitutional and national level to see the different methodology, with an explicit or implicit reference in Constitution which it represents a first step to realize the RtF in the countries, but it does not represent an exhaustive and definitive solution.
{"title":"The Right to Food: Trends and Comparative Analysis of Legal Frameworks in Italy, Brazil and the United States","authors":"G. Cicchiello","doi":"10.1163/22134514-bja10053","DOIUrl":"https://doi.org/10.1163/22134514-bja10053","url":null,"abstract":"\u0000This article performs a comparative assessment of the right to food (RtF) as a living right that must be continuously implemented in the constitutions, in legislative acts and in all the acts that derive from them. In particular, I applied, to the present study, the comparative methodology of constitutional law of the “most different cases” to select the comparable cases. The recognition of the RtF is present in numerous national constitutions. There are three possible categories: a) explicit recognition, as a human right in itself or as part of another, broader human right; b) recognition as a directive principle of state policy; and c) implicit recognition, through broad interpretation of other human rights. It was carried out a comparative analysis of the Italian legislation with the U.S. and Brazil legal framework at international, constitutional and national level to see the different methodology, with an explicit or implicit reference in Constitution which it represents a first step to realize the RtF in the countries, but it does not represent an exhaustive and definitive solution.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47216024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-09DOI: 10.1163/22134514-bja10051
D. P. Cassar
The paper draws a comparative analysis on the doctrine of mistake in contract law between common law and civil law traditions, to explore the legal implications and ramifications of blockchain technology, as one form of dlt, and smart contracting. The case of B2C2 Ltd v. Quoine Pte Ltd is instrumental in portraying how an actual legal dispute may arise in smart contracting relationships, whereby little to no human intervention exists. By comparatively analysing the two legal systems, one may understand better the judgments delivered by the courts in Singapore, the historical common law background leading to such a decision as confirmed also in appellate stage, the consequences such a decision may possibly have on the adoption of similar smart contracting arrangements, and the possible approach under a civil law regime. The conclusions pinpoint some crucial observations relating to the legal approach courts may adopt and their consequences on such contracting arrangements.
{"title":"The Notion of Mistake in Blockchain-Based Smart Contracts: An Analysis of B2C2 Ltd v Quoine Pte Ltd from a Comparative Perspective","authors":"D. P. Cassar","doi":"10.1163/22134514-bja10051","DOIUrl":"https://doi.org/10.1163/22134514-bja10051","url":null,"abstract":"\u0000The paper draws a comparative analysis on the doctrine of mistake in contract law between common law and civil law traditions, to explore the legal implications and ramifications of blockchain technology, as one form of dlt, and smart contracting. The case of B2C2 Ltd v. Quoine Pte Ltd is instrumental in portraying how an actual legal dispute may arise in smart contracting relationships, whereby little to no human intervention exists. By comparatively analysing the two legal systems, one may understand better the judgments delivered by the courts in Singapore, the historical common law background leading to such a decision as confirmed also in appellate stage, the consequences such a decision may possibly have on the adoption of similar smart contracting arrangements, and the possible approach under a civil law regime. The conclusions pinpoint some crucial observations relating to the legal approach courts may adopt and their consequences on such contracting arrangements.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43826742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-20DOI: 10.1163/22134514-bja10052
Marcel T. Michaelis, Federico Mercuri, Nicholas Schoch, Alexis Ollivier
This article deals with the ever-present hot topic of compliance and the related standards for a compliance management system (cms) in Continental Europe. It covers the existing legal regulations, the current case law, and the latest developments in Germany, France, and Italy with regard to the requirements for an effective cms. It also takes a look at the criteria that top management must fulfil in order to meet individual compliance requirements – and minimize the risk of liability. In addition, the authors also put the new iso standard 37301:2021 under the microscope and identify a common ground between the various national positions.
{"title":"Compliance Standards in Continental Europe – Same, Same but Different!?","authors":"Marcel T. Michaelis, Federico Mercuri, Nicholas Schoch, Alexis Ollivier","doi":"10.1163/22134514-bja10052","DOIUrl":"https://doi.org/10.1163/22134514-bja10052","url":null,"abstract":"\u0000This article deals with the ever-present hot topic of compliance and the related standards for a compliance management system (cms) in Continental Europe. It covers the existing legal regulations, the current case law, and the latest developments in Germany, France, and Italy with regard to the requirements for an effective cms. It also takes a look at the criteria that top management must fulfil in order to meet individual compliance requirements – and minimize the risk of liability. In addition, the authors also put the new iso standard 37301:2021 under the microscope and identify a common ground between the various national positions.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46512975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-16DOI: 10.1163/22134514-bja10050
Nedim Hogic
This article examines the recent trends in whistleblowing regulation, analysing the issue of financial rewards as one of the key distinctions between the legislative solutions on the matter in the United States as compared to European jurisdictions. Using the lens of corruption theories, the article concludes that the usage of financial rewards increases the overall regulatory capacity of the state to reduce corruption and fraud and reduce the emerging, largely anonymous digital whistleblowing. The financial rewards are also, due to the peculiar nature of both corruption and whistleblowing, an adequate tool to help to quantify the effects of whistleblowing. The article argues that the introduction of financial rewards should not be viewed as dependent on the differences in the legal traditions or culture but on the quality of the institutions and their ability to assess the reports of the whistleblowers. The article offers considerations concerning the conditions for the introduction of financial rewards.
{"title":"Financial Incentives for Whistleblowing","authors":"Nedim Hogic","doi":"10.1163/22134514-bja10050","DOIUrl":"https://doi.org/10.1163/22134514-bja10050","url":null,"abstract":"\u0000This article examines the recent trends in whistleblowing regulation, analysing the issue of financial rewards as one of the key distinctions between the legislative solutions on the matter in the United States as compared to European jurisdictions. Using the lens of corruption theories, the article concludes that the usage of financial rewards increases the overall regulatory capacity of the state to reduce corruption and fraud and reduce the emerging, largely anonymous digital whistleblowing. The financial rewards are also, due to the peculiar nature of both corruption and whistleblowing, an adequate tool to help to quantify the effects of whistleblowing. The article argues that the introduction of financial rewards should not be viewed as dependent on the differences in the legal traditions or culture but on the quality of the institutions and their ability to assess the reports of the whistleblowers. The article offers considerations concerning the conditions for the introduction of financial rewards.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45789027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-23DOI: 10.1163/22134514-10010000
{"title":"Front matter","authors":"","doi":"10.1163/22134514-10010000","DOIUrl":"https://doi.org/10.1163/22134514-10010000","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136357383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-09DOI: 10.1163/22134514-bja10049
Licia Cianci, Davide Zecca
Modern deliberative democracies are built to ensure pluralism in the political discourse so that citizens are able to express informed preferences when taking part in public policymaking by electing their representatives. The fairness of political processes is threatened in the digital environment by the resort to micro-targeting techniques and the spread of disinformation campaigns, which may poison the authenticity of public debate and influence the orientation of public opinion on policy issues. Assessing the role of digital intermediaries in these dynamics is therefore critical for European countries and EU institutions in order to ensure the survival of the paradigm of pluralistic democracy. The trade-offs between State regulation of freedom of expression online, platforms’ accountability and self-regulation make it compelling to analyse whether EU policy choices are adequate to confront phenomena undermining democratic processes.
{"title":"Polluting the Political Discourse","authors":"Licia Cianci, Davide Zecca","doi":"10.1163/22134514-bja10049","DOIUrl":"https://doi.org/10.1163/22134514-bja10049","url":null,"abstract":"\u0000Modern deliberative democracies are built to ensure pluralism in the political discourse so that citizens are able to express informed preferences when taking part in public policymaking by electing their representatives. The fairness of political processes is threatened in the digital environment by the resort to micro-targeting techniques and the spread of disinformation campaigns, which may poison the authenticity of public debate and influence the orientation of public opinion on policy issues. Assessing the role of digital intermediaries in these dynamics is therefore critical for European countries and EU institutions in order to ensure the survival of the paradigm of pluralistic democracy. The trade-offs between State regulation of freedom of expression online, platforms’ accountability and self-regulation make it compelling to analyse whether EU policy choices are adequate to confront phenomena undermining democratic processes.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46188721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-03DOI: 10.1163/22134514-bja10048
Costanza Bernasconi
The most recent guidelines of criminal policy at the European Union level pay particular attention to enhancing the forms of reparation for harm caused to interests as a result of a crime. Environmental criminal law is not immune to this trend and, on the contrary, it seems to offer a fertile ground for analysing the multiple ways in which remedial conduct may assume relevance in the various phases of the punitive process. This paper therefore aims to carry out a survey of the different models of interaction between favor reparationis and criminal liability for environmental crimes provided for under Italian law, within the framework of supranational guidelines.
{"title":"Favor Reparationis in Environmental Criminal Law","authors":"Costanza Bernasconi","doi":"10.1163/22134514-bja10048","DOIUrl":"https://doi.org/10.1163/22134514-bja10048","url":null,"abstract":"\u0000The most recent guidelines of criminal policy at the European Union level pay particular attention to enhancing the forms of reparation for harm caused to interests as a result of a crime. Environmental criminal law is not immune to this trend and, on the contrary, it seems to offer a fertile ground for analysing the multiple ways in which remedial conduct may assume relevance in the various phases of the punitive process. This paper therefore aims to carry out a survey of the different models of interaction between favor reparationis and criminal liability for environmental crimes provided for under Italian law, within the framework of supranational guidelines.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42676186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-23DOI: 10.1163/22134514-bja10047
David Presslein
In the aftermath of the BVerfG’s controversial ruling on the ecb’s Public Sector Purchase Programme and the launch of an infringement procedure against Germany, politicians and legal scholars have called once more for the establishment of an “EU Competence Court”. Such a court would be the sole arbiter of competence disputes between the EU and its Member States. This article first recapitulates the current assessment of EU competences and its problems. Subsequently, it illustrates what the proposals to establish an EU Competence Court would entail and examines the different models they draw inspiration from by using a comparative approach. Ultimately, it is argued that none of these concepts stands up to closer scrutiny. Instead, the article uses further legal comparison to develop a two-tier solution: the first tier includes modifications to the cjeu’s decision-making process, while the second tier implements a new “constitutional advisory mechanism” to strengthen judicial multilogue.
{"title":"A Matter of Competence?","authors":"David Presslein","doi":"10.1163/22134514-bja10047","DOIUrl":"https://doi.org/10.1163/22134514-bja10047","url":null,"abstract":"\u0000In the aftermath of the BVerfG’s controversial ruling on the ecb’s Public Sector Purchase Programme and the launch of an infringement procedure against Germany, politicians and legal scholars have called once more for the establishment of an “EU Competence Court”. Such a court would be the sole arbiter of competence disputes between the EU and its Member States. This article first recapitulates the current assessment of EU competences and its problems. Subsequently, it illustrates what the proposals to establish an EU Competence Court would entail and examines the different models they draw inspiration from by using a comparative approach. Ultimately, it is argued that none of these concepts stands up to closer scrutiny. Instead, the article uses further legal comparison to develop a two-tier solution: the first tier includes modifications to the cjeu’s decision-making process, while the second tier implements a new “constitutional advisory mechanism” to strengthen judicial multilogue.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49147722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-06DOI: 10.1163/22134514-bja10045
G. Ng
It can be seen from the research that there is very little actually written about the role of the judge in relation to regulatory power. It is clear from the research on the political and legal constitutions around regulatory power that it is a complex picture. Therefore, this paper maps out how the judiciary in England and France has responded to changes in government. The first part of this paper will start to chart out the expansion and contraction of judicial power in relation to executive powers. The second part will provide a comparison between England and France’s regulatory systems and their relationships to their respective judiciaries. The conclusion sets out to answer the main question of where the judiciary sits in an a complex political, economic and legal tapestry to control a hybrid institution that sits outside of a legal constitution.
{"title":"From Government to Governance, From Judiciary to…?","authors":"G. Ng","doi":"10.1163/22134514-bja10045","DOIUrl":"https://doi.org/10.1163/22134514-bja10045","url":null,"abstract":"It can be seen from the research that there is very little actually written about the role of the judge in relation to regulatory power. It is clear from the research on the political and legal constitutions around regulatory power that it is a complex picture. Therefore, this paper maps out how the judiciary in England and France has responded to changes in government. The first part of this paper will start to chart out the expansion and contraction of judicial power in relation to executive powers. The second part will provide a comparison between England and France’s regulatory systems and their relationships to their respective judiciaries. The conclusion sets out to answer the main question of where the judiciary sits in an a complex political, economic and legal tapestry to control a hybrid institution that sits outside of a legal constitution.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42199360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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