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The Legislative Process and Regulatory Interventions in the Greek Democracy: Deep-Rooted Weaknesses and Recommendations for Improvement 希腊民主制度中的立法程序和监管干预:根深蒂固的弱点和改进建议
IF 0.3 Q3 LAW Pub Date : 2024-01-30 DOI: 10.1093/slr/hmae001
Panagiotis E Petrakis
The economy’s legislative, regulatory, and institutional framework profoundly influences growth. It sets societal norms and motivates economic players towards desired outcomes. Greece faces a complex challenge in enhancing its institutional structure, with interconnected issues demanding comprehensive and persistent intervention. Political stability positively impacts regulatory quality, while instability prompts resistance to government changes, affecting legislation efficacy and governmental honesty. The study identifies two counterproductive forces hindering law improvement. First, the executive power’s reluctance to measure legislative effectiveness Second, there is a pervasive distrust in law enforcers, resulting in convoluted legal frameworks. This setup aligns with statism and a flawed concept of legal certainty. Improving the legal framework requires the executive to prioritize self-assessment of efficacy and trust in law enforcement—a cornerstone of effective liberal democracy. The study advocates specific policy guidelines tailored for the Greek state. Addressing these concerns mandates an all-encompassing, persistent, and introspective approach by those in power. Ultimately, fostering trust, measuring effectiveness, and simplifying legal constructs are vital for Greece to enhance its institutional framework and foster a more effective liberal democracy. Lastly, the provision of training to those who shape and evaluate the laws is crucial to ensure high-quality regulations and interventions.
经济的立法、监管和制度框架对经济增长影响深远。它制定社会规范,激励经济参与者实现预期成果。希腊在加强制度结构方面面临着复杂的挑战,相互关联的问题需要全面、持续的干预。政治稳定会对监管质量产生积极影响,而不稳定则会引发对政府变革的抵制,影响立法效力和政府诚信。研究发现了两种阻碍法律完善的反作用力。第一,行政部门不愿衡量立法效果;第二,对执法者普遍不信任,导致法律框架错综复杂。这种设置与国家主义和有缺陷的法律确定性概念相一致。要改善法律框架,行政部门就必须优先考虑对执法效率和信任度进行自我评估,这是有效的自由民主的基石。本研究主张为希腊国家量身定制具体的政策方针。要解决这些问题,当权者必须采取全面、坚持不懈和自省的方法。最终,促进信任、衡量有效性和简化法律结构对于希腊加强其制度框架和促进更有效的自由民主至关重要。最后,为制定和评估法律的人员提供培训对于确保高质量的法规和干预措施至关重要。
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引用次数: 0
The Discrimination and Anomaly in the Property Rights of Indian Women 印度妇女财产权方面的歧视和不正常现象
IF 0.3 Q3 LAW Pub Date : 2024-01-20 DOI: 10.1093/slr/hmae002
Aditya Suswaram
The proviso of section 10 of the Transfer of Property Act of 1882, is a regressive law restraining women of certain religions from alienating property received from an inter-vivos transaction. This paper highlights this aspect of the statute and calls for reform in the property rights of such women, as the proviso violates the Indian Constitutional guarantee of preventing gender and religion-based discrimination. Further, the proviso creates an anomaly in the property interest of women who fall within the ambit of both section 10 and the Indian Succession Act. This paper also argues that the mere deletion of the impugned proviso will not address the issue of patriarchy and secure the welfare of women. Dowry is one such example discussed in this paper, which persists despite statutes aimed at eradicating it. The reasons for the existence of section 10, as given by the English Judges of the colonial past, continue to plague Indian women even today. On the contrary, a woman’s absolute interest in property would make her susceptible to dowry abuse, consequently perpetuating the practice of dowry demands. Therefore, in addition to legal reform, this paper advocates increasing efforts in sensitizing society to bring about real change.
1882 年《财产转让法》第 10 条但书是一项倒退性法律,限制信奉某些宗教的妇女转让从生前交易中获得的财产。本文强调了该法规的这一方面,并呼吁对这些妇女的财产权进行改革,因为该但书违反了印度宪法关于防止基于性别和宗教的歧视的保障。此外,该但书对属于第 10 条和《印度继承法》范围内的妇女的财产利益造成了异常。本文还认为,仅仅删除受质疑的但书并不能解决父权制问题和保障妇女的福利。本文讨论的一个例子是嫁妆问题,尽管有旨在消除嫁妆问题的法规,但嫁妆问题依然存在。殖民地时期英国法官提出的第 10 条存在的理由至今仍困扰着印度妇女。相反,妇女对财产的绝对权益会使其容易受到嫁妆虐待,从而使索要嫁妆的做法长期存在。因此,除法律改革外,本文还主张加大对社会的宣传力度,以实现真正的变革。
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引用次数: 0
Better Regulation and its Evolution in the Hellenic Legislative and Parliamentary System 更好的监管及其在希腊立法和议会制度中的演变
IF 0.3 Q3 LAW Pub Date : 2024-01-20 DOI: 10.1093/slr/hmae003
Fotios Fitsilis, Georgios Theodorakopoulos
This article highlights the state-of-play in law-making in Greece especially following the adoption of law 4622/2019 aiming at establishing a culture of principles and means for enhancing the quality of laws. The revised model for new legislation, as well as the approach taken for the transformation of existing laws into the new model, the so-called codification process, are presented. In this framework, the role of the Hellenic Parliament is discussed and its position vis-à-vis other regulatory authorities is highlighted. The ongoing legislative modernization activities are approached under the light of digital tools and services that are being developed to further advance law-making processes in Greece.
本文重点介绍了希腊的立法现状,尤其是在旨在建立原则文化和提高法律质量的手段的第 4622/2019 号法律通过之后。文章介绍了新立法的修订模式,以及将现有法律转化为新模式的方法,即所谓的编纂过程。在此框架内,讨论了希腊议会的作用,并强调了希腊议会相对于其他监管机构的地位。目前正在开发数字工具和服务,以进一步推动希腊的法律制定进程,在此背景下探讨了正在进行的立法现代化活动。
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引用次数: 0
Implementation of EU Regulations in Czechia 欧盟法规在捷克的实施
IF 0.3 Q3 LAW Pub Date : 2024-01-10 DOI: 10.1093/slr/hmad017
Markéta Whelanová
Implementation of EU regulations requires many changes in the Czech legal order. It is often necessary to repeal incompatible national provisions, provide for new penalties and provisions on competence of national institutions, or set up a new system only sketched by the EU regulations. Further, the implementation in Czechia has to match with the other parts of the Czech legal order to be effective. And it must comply with the Czech constitutional imperatives and legal drafting rules which follow from the principle of legal certainty and a rule of law. The main problem appears with European Parliament and Council regulations which establish only very general rules. Also, too many delegated and implementing regulations of the Commission are causing problems, specially when they have short implementation deadlines and change quickly. The article therefore contains examples of loopholes, presents methods to deal with them and sketches paths to be taken in the future.
执行欧盟条例需要对捷克的法律秩序进行许多修改。通常需要废除不相容的国家条款,规定新的处罚措施和国家机构权限条款,或建立欧盟条例中仅有的新制度。此外,在捷克的实施必须与捷克法律秩序的其他部分相匹配才能有效。此外,它还必须符合捷克宪法的要求和法律起草规则,这些规则是根据法律确定性和法治原则制定的。主要问题出现在欧洲议会和欧洲理事会的条例上,这些条例只制定了非常笼统的规则。此外,委员会过多的授权条例和实施条例也造成了问题,特别是当这些条例的实施期限较短且变化较快时。因此,本文列举了一些漏洞的例子,介绍了解决这些问题的方法,并勾画了今后应采取的措施。
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引用次数: 0
The Committee for Quality Evaluation of the Law Making Process in Greece: Another One Law Drafting Committee or Something More? 希腊法律制定过程质量评估委员会:另一个法律起草委员会还是更重要的东西?
IF 0.3 Q3 LAW Pub Date : 2024-01-10 DOI: 10.1093/slr/hmad016
Spyridon Vlachopoulos
This article provides information regarding the assessment of bills, before the parliamentary procedure, in Greece, throughout the years. It focuses on the differences between the former ‘Central Legislative Committee’ and the current ‘Committee for Quality Evaluation of the Law Making Process’ and presents the responsibilities of the latter, as well as the improvements that have been achieved since its operation. Then an analysis of the quality of the legislation, in general, takes place and the relevant problems are highlighted.
本文介绍了希腊历年来在议会程序之前对法案进行评估的情况。文章重点介绍了以前的 "中央立法委员会 "和现在的 "立法过程质量评估委员会 "之间的区别,介绍了后者的职责,以及自其运行以来所取得的进步。然后对立法的总体质量进行了分析,并强调了相关问题。
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引用次数: 0
The Use of Lay Drafts as Drafting Instructions: A Case Study of Nigeria 使用草稿作为起草说明:尼日利亚案例研究
IF 0.3 Q3 LAW Pub Date : 2024-01-02 DOI: 10.1093/slr/hmad015
Michael Habila Dauda
Lay drafts as used in Nigeria are erroneously thought to speed up the drafting process but they are insufficient as drafting instruction and they reduce the quality and effectiveness of legislation. Good drafting instructions will lead to good legislation while bad drafting instructions will lead to the drafter’s failure to grasp the fundamentals of the policy, and failure to get the draft right, and ultimately failure to achieve the purpose of the policy. This article is intended to analyse the drafting process in Nigeria to point out the causes of ineffectiveness in legislation and how that can be improved.
在尼日利亚,人们错误地认为草拟草案可以加快起草过程,但草拟草案并不能充分发挥起草指导的作用,反而会降低立法的质量和效力。好的起草指导会带来好的立法,而坏的起草指导则会导致起草者无法掌握政策的基本要素,无法正确地起草草案,最终无法实现政策的目的。本文旨在对尼日利亚的起草过程进行分析,指出立法效率低下的原因以及如何加以改进。
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引用次数: 0
The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India 接受审查的沉默权:揭示《印度刑事诉讼法典》第 313 条的意义
IF 0.3 Q3 LAW Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad011
Vaibhav Chadha, Deepali Poddar
The often-overlooked provision of criminal law, which holds significant importance is section 313 of the Code of Criminal Procedure 1973. Section 313 grants the accused an opportunity to provide their statement, ensuring their right to be heard and preventing self-incrimination. This article explores the background, evolution, and objectives of section 313 CrPC, as well as its alignment with the principles of natural justice. The main aim of the article is to demonstrate how India still falls short in upholding the right to silence as per section 313, through a detailed analysis of various judgments passed by the Supreme Court of India, and laws enacted in other jurisdictions around the world. The article addresses the issue of Indian courts using adverse inferences from an accused person’s silence, which conflicts with Article 20(3) of the Indian Constitution. It argues that drawing such inferences should be reconsidered by the courts, as it contradicts important legal principles and undermines the right to a fair trial.
1973 年《刑事诉讼法》第 313 条是经常被忽视的刑法条款,具有重要意义。第 313 条给予被告提供陈述的机会,确保其陈述权并防止自证其罪。本文探讨了《刑事诉讼法典》第 313 条的背景、演变和目标,以及该条与自然正义原则的一致性。文章的主要目的是通过详细分析印度最高法院通过的各种判决和世界其他司法管辖区颁布的法律,说明印度在维护第 313 条规定的沉默权方面仍然存在不足。文章论述了印度法院从被告人的沉默中作出不利推论的问题,这与《印度宪法》第 20(3)条相抵触。文章认为,法院应重新考虑这种推论,因为它违背了重要的法律原则,损害了获得公平审判的权利。
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引用次数: 0
Standard Essential Patents: Returning to the Basics on Unwired v Huawei 标准必要专利:就Unwired诉华为案回归基本原理
IF 0.3 Q3 LAW Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad012
Soumya Prakash Patra
Standard essential patents have become an extremely crucial element in developing modern technologies and standardization processes. This article examines the importance of standardization and standard essential patents in developing technologies and their effect on the legal jurisprudential environment. The introduction emphasizes the role of standardization in promoting the adoption of various essential technologies. Additionally, it focuses on the significance of standard essential patents that safeguard the technologies underlying such standards. The discussion delves into a particular legal case involving Unwired Planet’s licensing campaign for standard essential patents in the communication industry, emphasizing the judgments handed down by the UK Supreme Court. The analysis further investigates critical issues involved in the decision, such as jurisdiction over global licensing, non-discrimination under fair, reasonable, and non-discriminatory terms, and the flexibility of fair, reasonable, and non-discriminatory negotiations. The UK Supreme Court’s ruling clarifies maintaining a proper equilibrium between the interests of SEP holders and encouraging fair and reasonable licensing practices.
标准必要专利已成为现代技术发展和标准化进程中极其重要的因素。本文探讨了标准化和标准必要专利在技术发展中的重要性及其对法律判例环境的影响。引言强调了标准化在促进采用各种必要技术方面的作用。此外,它还重点介绍了标准必要专利的重要性,这些专利保护了这些标准的基础技术。讨论深入探讨了涉及 Unwired Planet 在通信行业标准必要专利许可活动的一个特殊法律案例,并强调了英国最高法院做出的判决。分析进一步探究了判决中涉及的关键问题,如对全球许可的管辖权,公平、合理和非歧视性条款下的非歧视,以及公平、合理和非歧视性谈判的灵活性。英国最高法院的裁决澄清了在 SEP 持有人的利益与鼓励公平合理的许可实践之间保持适当平衡的问题。
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引用次数: 0
Mauritius Responds to its ‘Grey-Listing’ by the Financial Action Task Force Through Statutes: An Informative Review 毛里求斯通过法规回应金融行动特别工作组将其列入 "灰名单":信息回顾
IF 0.3 Q3 LAW Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad014
Bhavna Mahadew
This article reviews the statutory response given by Mauritius to its ‘grey-listing’ by the Financial Action Task Force (FATF). It analyses the various legislations that the government had to amend or create to become compliant with the international standards set by the FATF in the wake of combating money laundering and financing of terrorism. The statutory response of Mauritius to its grey-listing by FATF can be considered as a successful one giving that a significant number of laws had to be simultaneously and harmoniously changed to the satisfaction of the FATF in a considerably short period of time. Indeed, in October 2021, Mauritius was removed from the list of jurisdictions under enhanced monitoring, having been placed there in February 2020. Therefore, the expediency which Mauritius responded through laws and the effectiveness with which it managed to restore international business through its financial services sector can humbly serve as lessons or best practices to jurisdictions finding themselves in similar situations with the FATF.
本文回顾了毛里求斯对金融行动特别工作组(FATF)将其列入 "灰名单 "所采取的法律应对措施。文章分析了政府为符合金融行动特别工作组在打击洗钱和资助恐怖主义方面制定的国际标准而必须修订或制定的各种立法。毛里求斯对被反洗钱金融行动特别工作组列入灰名单的法定应对措施可以说是成功的,因为大量法律必须在相当短的时间内同时进行协调修改,以达到反洗钱金融行动特别工作组的满意度。事实上,毛里求斯于 2021 年 10 月从接受强化监测的辖区名单中除名,而该名单于 2020 年 2 月被列入。因此,毛里求斯通过法律做出的快速反应以及通过其金融服务部门恢复国际业务的有效性,可以谦卑地作为与反洗钱金融行动特别工作组有类似情况的管辖区的经验教训或最佳做法。
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引用次数: 0
The President’s Role(s) in the Law-Making Process in Uganda 总统在乌干达法律制定过程中的作用
IF 0.3 Q3 LAW Pub Date : 2023-12-18 DOI: 10.1093/slr/hmad013
Jamil Ddamulira Mujuzi
Articles 79(1) and (2) of the Constitution of Uganda provide that subject to the provisions of the Constitution, only Parliament or a person or body authorized by Parliament, has the power to make laws. Article 91 provides ways in which the President participates in the law-making process. I examine the Hansard of the 10th Parliament of Uganda (May 2016—May 2021) to demonstrate how the President invoked Article 91 to, inter alia, return Bills to Parliament or to decline to assent to Bills. The 10th Parliament passed 118 Bills, seven Bills were withdrawn and the President returned 11 Bills. The Hansard show that: (i) in most of the cases, Parliament amended the Bills to address the President’s concerns; (ii) there are instances in which Parliament appears to disregard the Constitution especially in cases where the President has exceeded the constitutional time limit within which he must assent to Bills; (iii) Parliament applied different methodologies to gather the information it needed to revise the Bills and (iv) in a few cases, Parliament disagreed with the President and declined to change the returned clauses of the Bills. The article shows, inter alia, that the President wielded enormous powers in the law-making process contrary to what was envisaged by the drafters of the Constitution. It is argued, inter alia, that in reconsidering the Bills returned by the President, Parliament should not ignore the issue of public participation otherwise the Acts may be declared unconstitutional. It is also argued, basing on the drafting history of the Constitution, that the 30-day period within which the President is required to assent to a Bill excludes Sundays and public holidays. However, it includes Saturdays.
乌干达宪法》第 79 条第(1)款和第(2)款规定,在不违反《宪法》规定的情况下, 只有议会或议会授权的个人或机构有权制定法律。第 91 条规定了总统参与法律制定过程的方式。我研究了乌干达第 10 届议会(2016 年 5 月至 2021 年 5 月)的会议记录,以说明总统如何援引第 91 条,除其他外,将法案退回议会或拒绝同意法案。第 10 届议会通过了 118 项法案,7 项法案被撤回,总统退回了 11 项法案。立法记录显示(i)在大多数情况下,议会对法案进行了修订,以解决总统的关切;(ii)在一些情况下,议会似乎无视《宪法》,特别是在总统超过宪法规定的必须同意法案的时限的情况下;(iii)议会采用不同的方法收集修订法案所需的信息;(iv)在少数情况下,议会不同意总统的意见,拒绝修改退回的法案条款。文章特别指出,总统在立法过程中拥有巨大的权力,这与宪法起草者的设想背道而驰。文章特别指出,在重新审议总统退回的法案时,议会不应忽视公众参与问题,否则可能会宣布这些法案违宪。根据《宪法》的起草历史,还有人辩称,要求总统同意法案的 30 天期限不包括星期日和公共节假日。但是,它包括星期六。
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引用次数: 0
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