A recent feature in Brussels Report explores just how much the work of the Institute for Market Economics (IME), winner of our 2024 Europe Liberty Award, means for the future of Bulgaria. Since 2015, the IME Legal Program has worked on reforms to remove Soviet influences from the country’s judicial system. Their efforts led to a constitutional amendment passed last year by the Bulgarian National Assembly, which aims to advance judicial independence and accountability and strengthen the rule of law. Despite this progress, there's a risk that these reforms could be overturned or stalled by future legislatures. Read the full article here: https://lnkd.in/ehJBGyXS
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📝New content added on Ideas on Europe by eu!radio: '20 years of Cyprus in the EU - Phoebus Athanassiou' We recently welcomed Phoebus Athanassiou to eu!radio! He is an Associate Professor at the Wolfgang Goethe University of Frankfurt, and is originally from Cyprus. He reflected on his country's accession to the EU 20 years ago in a personal testimony. Read now 👇 #cyprus #democracy #Economicdevelopment #EUAccession #EuropeanCentralBank #Europeaneconomy #europeangeopolitics #EuropeanIntegration #EuropeanUnion #law #Security
20 years of Cyprus in the EU - Phoebus Athanassiou
euradio.ideasoneurope.eu
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“Asia Century” Edward Chow, Arbitrator, Barrister, GBA Lawyer My friends in China told me they now only go US, not Europe. I assume because it is not profitable or safe to go Europe with wars in Ukraine and Russia is still ongoing and there is no signs of peace. My friends, please be very cautious in Europe. My understanding is that within EU, there is free migration and crimes rate may increase with years of wars and turbulence in Eastern Europe. With unstoppable wars in Ukraine and Middle East, we are truly in the Asia Century. Only Asia has peace and prosperity in the 21st century. I am very optimistic for Thailand, China, Singapore and Hong Kong. When compared with US and Western countries, China is not joining or behind any war in Ukraine or Middle East, so the vital national resources and energy will not be unnecessarily wasted or drained away in Europe and Ukraine, beyond the national borders. Honestly, one party state, if being managed by smart and good people, such as China, Singapore, which are far more effective and efficient than the western democracies of two parties states or muti-parties states. Of course, the rule of law is an essential element of proper public governance, without which, power can be easily abused for self- interest, rather than for the public interest. That is why I stay in law, though the remuneration is often very limited, expense very certain, rent very high, but payment very late, rather than in business. Because this is the important time for China to rise, with national unity and rising spirit, after two centuries of de-facto colonisation and civil wars since the opium war in 1840. Rule of law is the key building blocks for the long term prosperity of China.
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Judicial Intern to HMJ Sanjay Karol, Supreme Court | 4th Year | Criminal Law | Constitutional Law | Intellectual Property Rights | Litigation | Public Policy
🙌The ICJ’s Advisory Opinion on Israel’s Occupation of Palestinian Territories:🙌 Key Takeaways🙌 The International Court of Justice (ICJ) has delivered a significant advisory opinion concerning Israel's occupation of the Palestinian Territory, declaring it illegal and mandating an end to this occupation. Key Conclusions: 1. Unlawful Occupation: Israel’s 57-year occupation of Palestinian territories, including East Jerusalem, is illegal. 2. Immediate Actions Required: Israel must end its occupation and halt new settlement activities, evacuating all settlers. 3. Reparations: Israel is obligated to make reparations for damages caused to affected individuals. 4. Global Obligations:States and international organizations must not recognize or support the legality of the occupation. 5. Further UN Actions: The UNGA and UNSC should consider additional measures to end Israel’s occupation promptly. Issues Addressed: - The right of the Palestinian people to self-determination. - The impact of Israel’s prolonged occupation and discriminatory policies. ICJ’s Observations: - Occupation should be temporary and cannot transfer sovereignty. - Israeli settlements in the West Bank and East Jerusalem violate international law. - Israel's annexation attempts are illegal under international law. - Discriminatory legislation by Israel against Palestinians violates multiple international conventions. - Israel's actions undermine Palestinians’ right to self-determination. Implications: - States and international bodies must act against the illegal occupation. - The UNGA and UNSC should take decisive steps to end the occupation. Dissenting Opinion: Vice President Julia Sebutinde expressed that while the ICJ had jurisdiction, it should have refrained from rendering the opinion to maintain judicial integrity. This landmark opinion reinforces the international legal stance against prolonged occupation and calls for immediate and concerted efforts to address the situation. #InternationalLaw #ICJ #Palestine #Israel #HumanRights #SelfDetermination #UN #GlobalJustice
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Sobering read. 🚨 New ICJ Advisory Opinion on Israel’s Policies in the Occupied Palestinian Territory 🚨 The International Court of Justice (ICJ) has issued a landmark advisory opinion addressing the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. This opinion underscores the prolonged occupation, illegal settlement activities, de facto annexation, and discriminatory practices against Palestinians, all of which contravene international law. Key Highlights: 1. Prolonged Occupation: The occupation must benefit the local population and remain temporary. Israel’s extended control breaches international norms. 2. Settlement Policy: Settlements in the West Bank and East Jerusalem violate the Fourth Geneva Convention and alter the region’s demographics. 3. Annexation: De facto annexation of occupied territories defies the prohibition on acquiring territory by force. 4. Discrimination: Policies restricting movement, property demolition, and residence permits discriminate against Palestinians, violating human rights treaties. 5. Self-Determination: Israel’s actions impede Palestinian self-determination, a fundamental right under international law. Legal Consequences: • For Israel: Cease illegal activities, dismantle settlements, repeal discriminatory laws, and make reparations. • For Other States: Do not recognize the illegal situation; distinguish between Israeli and occupied territories in dealings. • For the UN: Continue addressing the legal status of the occupation and ensure compliance with international law. This advisory opinion, while non-binding, carries significant geopolitical implications. It reinforces international legal frameworks and highlights the need for a resolution that respects the rights of both Israelis and Palestinians. The global response will shape the future of peace efforts in the Middle East. 🌍 #Geopolitics #InternationalLaw #MiddleEast #ICJ #PeaceProcess #HumanRights #SelfDetermination
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In his Op-Ed titled "20 Years after the 2004 Enlargement: The EU, Old and New, and Its Fortified Judicial Order," Marek Safjan reflects on the significant impacts and ongoing dynamics since the European Union's 2004 enlargement, when ten new Member States joined the Union. This expansion was the largest in the EU's history and brought substantial political, economic, and social changes. Read more at EU Law Live.
Op-Ed: “20 Years after the 2004 Enlargement: The EU, Old and New, and Its Fortified Judicial Order” by Marek Safjan - EU Law Live
eulawlive.com
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Assistant Professor of European Law at Dublin City University | Deputy Director of the DCU Brexit Institute | Investigator in Horizon Europe Regroup & Express²
On 6 May 2024, the European Commission announced its intention to close the Article 7 procedure against Poland. This marks the end of a prolonged struggle over the rule of law between the Commission and Poland. 🇪🇺 After six years of intense dialogue, negotiations, and Council of the European Union hearings, the attempt to safeguard the rule of law in Poland via the politically charged Article 7 procedure has concluded – but did it succeed, or did it fail? 🤔 Read more in my latest blog post for the DCU Brexit Institute, in which I analyze the background of the Article 7 procedure, the reasons behind the Commission's decision, and what this means for the future of the rule of law in Poland and the EU. Check out the full analysis here👇 Looking forward to your thoughts and comments! 💬
On our blog, Dr. Niels Kirst, Dublin City University, explains the European Commission’s decision to close the Article 7 procedure against #Poland. Learn about the reasons behind this significant move and its impact. Read: https://bit.ly/4dMeRbr #RuleOfLaw DCU Faculty of Humanities and Social Sciences / DCU Research
Understanding the Commission’s Decision to Close the Art. 7 Procedure against Poland
https://dcubrexitinstitute.eu
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🔹 The protection of political and civil rights and freedoms is an integral element of the democratic infrastructure of a country. Such protection is of paramount importance in the context of European integration path Ukraine has undertaken. 🗣 This was stated by Oksana Tsymbrivska, Team Leader of EU Project Pravo-Justice at the VII International Scientific and Practical Conference "Administrative Justice in Ukraine: Theoretical and Practical Challenges" on the topic "Judicial Protection of Political and Civil Rights and Freedoms in Before the War, During Wartime and After the War". 🔸 She emphasised that negotiations on Ukraine's accession to the EU require much work to align national legislation with the acquis communautaire. 💬 "Justice matters are included in the First Cluster of EU Membership Negotiations – the so-called fundamentals cluster. It is the first to be opened and the last to be closed. Therefore, strengthening the rule of law as one of the main criteria for joining the EU is an absolute condition for completing the negotiation process for Ukraine," said Oksana Tsymbrivska. 🔹 She also stressed that the process of approximating Ukrainian legislation to EU law is impossible without regard to the interpretation by the Court of Justice of the European Union. 💬 "It is the ability and willingness of Ukrainian judges to apply the interpretive jurisprudence of the EU Court of Justice that will determine, among other things, the success of negotiations for Ukraine and their duration," said Oksana Tsymbrivska. 🔸 Moreover, she noted that along with the alignment of national legislation with the acquis communautaire, one of the most important tasks for Ukrainian society will be to transform values and behavioural patterns stemming from them to the values of the EU. 💬 "It is crucial to understand this because the EU is not merely a single market. Above all, it is a voluntary union based on common values," summed up the Team Leader of EU Project Pravo-Justice. 💼 The event was organised by the Cassation Administrative Court within the Supreme Court in the framework of the Administrative Justice Days in Ukraine with the support of the Council of Europe, OSCE, EU Project Pravo-Justice, German Foundation for International Legal Cooperation and the National University of Ostroh Academy. #pravojustice #ef #justice
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For the second time in the last 20 years, the International Court of Justice (ICJ) has ruled that Israel is violating international law in the occupied Palestinian Territories. In 2004, the ICJ ruled that Israel’s settlements and settlement wall in the West Bank violated international law. Today, the ICJ ruled that Israel has abused its status as the occupying power in the West Bank and east Jerusalem by carrying out policies of annexing territory, imposing permanent control and building settlements. It said such acts render “Israel’s presence in the occupied Palestinian territory unlawful” and that Israel’s continued presence was ”illegal” and should be ended as “rapidly as possible.” After the ICJ’s 2004 decision, Western governments imposed no consequences on Israel. On the contrary, despite their preposterous claims to be the guardians of the “rules-based order” (whatever that means), Western governments continued to arm and trade with the apartheid regime. As a consequence, Israel was emboldened to engage in even worse forms of criminality. It is now committing genocide with total impunity. Ultimate responsibility for these crimes rests with Western governments. Without their support, Israel could never get away with its barbarism and contempt for international law. #Israel #palestine
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ABSOLUTELY MACEDONIA! When a country obtains its independence, that country and that independence suppose, de facto, the recognition by other states and all international organizations, of each and every one of its rights, those of the state and those of citizens. I am talking about the Republic of Macedonia. Nobody and nothing can interfere in the legality of Macedonia, admitted in 1991. Its first and unamended constitution is the supreme law, it cannot be turned around to suit the interests of its neighbors. I speak especially of Greece and Bulgaria. Everything they have done and do is contrary to the law, international law and, of course, that of the Republic of Macedonia. Interferences, blockades, usurpations and much more have no parallel in international law. It is a case, clear as day, of the lack of legality and justice, corresponding to the Republic of Macedonia, its name and history, its roots and its territory and many others. Referendum, forced and illegitimate to make a constitution a la carte, according to the wishes of Greece and Bulgaria. Staff mediators, lost time and irreparable damage for the Republic of Macedonia, it is from north to south and from east to west. A complete nonsense that has nullified and annihilated inalienable rights. Now, it is the responsibility of the Macedonian government to recover the lost legality, history, language and its present. The European Union will never come to the Republic of Macedonia, everything is perfectly orchestrated. Time for action and reaction for the Republic of Macedonia and for Macedonians, with legality in hand.
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#legalityofTheRuleofLaw #brutalcolonialism #internationallegality #USA #militaryintervention #foreignpolicy #plunder #WorldBank #IMF #WTO #USCourts #development #colonisation '"PLUNDER: WHEN THE RULE OF LAW IS ILLEGAL" by UGO MATTEI and LAURA NADER DEMYSTIFYING THE RULE OF LAW There is a false appearance, the authors argue, of discontinuity between brutal colonialism in the past and international legality that respects the rights of peoples in the present. A closer scrutiny of developments in recent years, such as the invasion, destruction, and looting of Afghanistan and Iraq, will challenge the idea and appearance of international legality. The United States of America occupies a central role in the story. In spite of a long practice of military intervention, the United States is associated with democracy and the rule of law, and has consistently used these themes to justify its foreign policies. While classical colonialism was a straightforward looting, backed by military force, neo-colonialism achieves similar ends under the cover of `development', `rule of law', and `efficiency'. Indeed, one can `substitute the term ``colonization'' for ``development''' p. 54). The main international economic institutions, the World Bank, the International Monetary Fund, and the World Trade Organization, condition the transfer of financial aid to underdeveloped countries upon performing internal reforms. The effect of these policies, however, is to promote a Western neo-liberal agenda that advances the interests of large international investors and increases the dependency of `Third World' countries against the backdrop of imbalance of power. The needs of the international market are given priority over the needs of local populations in these countries. Consequently, `Third World' countries are transformed into consumer societies of commodities produced by Western corporations. The results of the reforms and the liberalization of markets are devastating: `massive unemployment, economic recession, hyperinflation, and social unrest' p. 63). Thus, international economic institutions serve as political actors promoting instability rather than 'financial stabilizers'.'
PLUNDER: WHEN THE RULE OF LAW IS ILLEGAL by UGO MATTEI and LAURA NADER
academia.edu
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