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CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)
CCBE Contribution for the Rule of Law Report 2021 26/03/2021 Introduction The Council of Bars and Law Societies of Europe (CCBE) represents the bars and law societies of 45 countries and, through them, more than 1 million European lawyers. The CCBE also acts as a consultative and intermediary body between its Members and between the Members and the institutions of the European Union on cross-border matters of mutual interest. The regulation of the profession, the defence of the rule of law, human rights and democratic values are the most important missions of the CCBE. Several areas of special concern to the CCBE include access to justice, the development of the rule of law, the respect for the right to a defence and the effectiveness of the Justice system, which are core values of the profession. The CCBE always places a great emphasis on the respect for the rule of law, democratic principles and fundamental rights. The values of the CCBE and its Member organisations are consistent with the Charter of Fundamental Rights of the European Union, and in particular its preamble, where it is stated, inter alia that “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice”, CCBE values are also consistent with Article 47 (Rights to an effective remedy and to a fair trial), Article 48 (Presumption of innocence and right to a defence), and Article 49 (Principles of legality and proportionality of criminal offences and penalties). -
Final Report
Jamaican Justice System Reform Task Force Final Report June 2007 Jamaican Justice System Reform Task Force (JJSRTF) Prof. Barrington Chevannes, Chair The Hon. Mr. Justice Lensley Wolfe, O.J. (Chief Justice of Jamaica) Mrs. Carol Palmer, J.P. (Permanent Secretary, Ministry of Justice) Mr. Arnaldo Brown (Ministry of National Security) DCP Linval Bailey (Jamaica Constabulary Force) Mr. Dennis Daly, Q.C. (Human Rights Advocate) Rev. Devon Dick, J.P. (Civil Society) Mr. Eric Douglas (Public Sector Reform Unit, Cabinet Office) Mr. Patrick Foster (Attorney-General’s Department) Mrs. Arlene Harrison-Henry (Jamaican Bar Association) Mrs. Janet Davy (Department of Correctional Services) Mrs. Valerie Neita Robertson (Advocates Association) Miss Lisa Palmer (Office of the Director of Public Prosecutions) The Hon. Mr. Justice Seymour Panton, C.D. (Court of Appeal) Ms. Donna Parchment, C.D., J.P. (Dispute Resolution Foundation) Miss Lorna Peddie (Civil Society) Miss Hilary Phillips, Q.C. (Jamaican Bar Association) Miss Kathryn M. Phipps (Jamaica Labour Party) Mrs. Elaine Romans (Court Administrators) Mr. Milton Samuda/Mrs. Stacey Ann Soltau-Robinson (Jamaica Chamber of Commerce) Mrs. Jacqueline Samuels-Brown (Advocates Association) Mrs. Audrey Sewell (Justice Training Institute) Miss Melissa Simms (Youth Representative) Mr. Justice Ronald Hugh Small, Q.C. (Private Sector Organisation of Jamaica) Her Hon. Ms. Lorraine Smith (Resident Magistrates) Mr. Carlton Stephen, J.P. (Lay Magistrates Association) Ms. Audrey Thomas (Public Sector Reform Unit, Cabinet Office) Rt. Rev. Dr. Robert Thompson (Church) Mr. Ronald Thwaites (Civil Society) Jamaican Justice System Reform Project Team Ms. Robin Sully, Project Director (Canadian Bar Association) Mr. Peter Parchment, Project Manager (Ministry of Justice) Dr. -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
2021 Rule of Law Report - Targeted Stakeholder Consultation
2021 Rule of Law Report - targeted stakeholder consultation Submission by ILGA-Europe and member organisations Arcigay & Certi Diritti (Italy); Bilitis, GLAS Foundation & Deystvie (Bulgaria); Çavaria (Belgium - Flanders); Háttér Társaság (Hungary); Legebrita (Slovenia); PROUD (Czech Republic); RFSL (Sweden) and Zagreb Pride (Croatia). ILGA-Europe are an independent, international LGBTI rights non-governmental umbrella organisation bringing together over 600 organisations from 54 countries in Europe and Central Asia. We are part of the wider international ILGA organisation, but ILGA-Europe were established as a separate region of ILGA and an independent legal entity in 1996. ILGA itself was created in 1978. https://www.ilga-europe.org/who- we-are/what-ilga-europe Contents Horizontal developments ........................................................................................................................ 2 Belgium ................................................................................................................................................... 4 Bulgaria ................................................................................................................................................... 5 Croatia .................................................................................................................................................... 8 Czech Republic ........................................................................................................................................ 9 Hungary -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
What to Do When You Are Served with a Search Warrant by Manny A
AN A.S. PRATT PUBLICATION APRIL 2016 PRATT’S PRATT’S VOL. 2 • NO. 3 PRIVACY & CYBERSECURITY LAW CYBERSECURITY & PRIVACY PRATT’S PRIVACY & CYBERSECURITY REPORT LAW REPORT EDITOR’S NOTE: SOMETHING FOR EVERYONE! THE FTC, UNFAIR PRACTICES, AND Steven A. Meyerowitz CYBERSECURITY: TWO STEPS FORWARD, AND TWO STEPS BACK WHAT TO DO WHEN YOU ARE SERVED WITH A David Bender SEARCH WARRANT APRIL Manny A. Abascal and Robert E. Sims DRONES AT HOME: DHS PUBLISHES BEST PRACTICES FOR PROTECTING PRIVACY, CIVIL PRESIDENT OBAMA SIGNS CYBERSECURITY RIGHTS, AND CIVIL LIBERTIES IN DOMESTIC 2016 ACT OF 2015 TO ENCOURAGE CYBERSECURITY UAS PROGRAMS INFORMATION SHARING Charles A. Blanchard, David J. Weiner, Kenneth L. Wainstein, Keith M. Gerver, Tom McSorley, and Elizabeth T.M. Fitzpatrick and Peter T. Carey VOL. VOL. A SKIMPY RISK ANALYSIS IS RISKY BUSINESS 2 FOR HIPAA COVERED ENTITIES AND • BUSINESS ASSOCIATES NO. Kimberly C. Metzger 3 What to Do When You Are Served With a Search Warrant By Manny A. Abascal and Robert E. Sims* Most business executives and officers lack the training and preparation to deal effec- tively with a search warrant. In order to protect privacy and other rights, this article sets forth the basic principles that should govern preparation for, and response to, a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and health- care industries. The search warrant has become a regular method authorities use to obtain evidence. Law enforcement officers executing a warrant typically arrive at corporate offices with no prior notice, armed with a search warrant entitling them to seize original business records, including computer records. -
Early English Law Reporting Michael Bryan
Early English law reporting Michael Bryan Introduction their selfless contribution to the little resemblance to a modern law Over the years the Law Library at the administration of justice by donating report. The reporter showed little University of Melbourne has built up their hides to what became known as interest in setting out the facts of a an impressive collection of early the plea rolls. These were the formal case. Moreover, few reports carried English law reports. This is not the parchment record of the proceedings any discussion of legal doctrine. On outcome of a deliberate acquisitions which ran continuously from (at least) the other hand, the year book reports policy; until recently there was no 1194 until the reign of Queen contained matter which would not be such policy, and various serendipitous Victoria. They were written in Latin found in a modern law report, gifts and bequests are responsible for which was the language of record including extra-curial opinions of the collection of reports, extending until 1732. The plea rolls noted the judges and practitioners on the law, as from the 16th to the 19th centuries. plaintiff ’s writ, the defendant’s reply well as the opinions of the reporter on The library has no holdings of and subsequent pleadings, the process a disputed question. The name ‘year medieval reports. On the other hand, of summoning a jury in jury actions, book’ is misleading since only a it has a complete run of the Selden judgement and process. The record minority of the books are chrono- Society editions of medieval year created and evidenced what later logically arranged, and the work of books so that, one way or another, the became known as res judicata, or modern scholars has imposed a entire history of English law estoppel by judgment, so that a party retrospective sense of order on the reporting until 1865 is represented. -
Pratt's Government Contracting Law Report
0001 [ST: 1] [ED: m] [REL: 4938] (Beg Group) Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 10 October 2020 Editor’s Note: Fraud Victoria Prussen Spears 333 COVID-19: Health Care Fraud in a Public Health Emergency Matthew D. Benedetto, Elizabeth Purcell Phillips, and Thomas Costello 335 Justice Department Enforcement Priorities Focus on CARES Act Fraud Jaime L.M. Jones 347 OFCCP Promulgates Final Rule Eliminating Its Authority Over TRICARE Providers Jennifer L. Plitsch and Michael Wagner 351 A Sixth Circuit Victory for False Claims Act Defendants: Relators Are “Agents” of the Government for Purposes of the Public Disclosure Bar Eric A. Dubelier, Katherine J. Seikaly, James C. Martin, Colin E. Wrabley, Rizwan A. Qureshi, and Julya E. Heywood 355 Interim Rule Implements Section 889 Ban on Contractors Using Technologies from Certain China-Based Companies Paul R. Hurst, Meredith Rathbone, Peter Jeydel, and Caitlin Conroy 358 Attorney General Barr to U.S. CEOs: “You Might Be Lobbyists for China” Jeffrey J. Hunter 363 0002 [ST: 1] [ED: m] [REL: 4938] Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies
United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies David Tolbert* with Andrew Solomon** I. INTRODUCTION AND OVERVIEW The reform of the United Nations ("U.N.") is a priority both for the or- ganization itself and for its member states. In recent years, a multitude of reports exploring the future path of the organization and its role in a trou- bled world have been published.' While all of these documents stress the importance of reforming the U.N., questions remain as to how reforms will be implemented and what impact they will have. One area that is repeatedly mentioned both in terms of U.N. reform and the future role of the organization is in building the "rule of law" in devel- oping countries in general and post-conflict societies in particular. This Ar- ticle discusses what is meant by the "rule of law" and which aspects of the rule of law are relevant to the U.N.'s current and future work. This Article also explores how the organization can use its resources and expertise, in coordination with other actors, to help build the rule of law in societies dev- astated by armed conflict. While post-conflict societies differ from each other in significant respects, they all encounter common problems, including addressing crimes committed * Deputy Prosecutor, International Criminal Tribunal for the former Yugoslavia [hereinafter ICTY]. Executive Director, American Bar Association Central European and Eurasian Law Initiative [hereinafter ABA-CEELI], 2000-2003. Deputy Registrar, Chef de Cabinet to the President and Senior Legal Adviser, ICTY, 1996-2000, and Chief, General Legal Division, United Nations Relief and Works Agency, 1993- 1996. -
Confidence Motions
BRIEFING PAPER Number 02873, 14 March 2019 By Richard Kelly Confidence Motions Contents: 1. The confidence relationship between Parliament and the Government 2. Confidence votes under the Fixed-term Parliaments Act 2011 3. Confidence votes before / outside the Fixed-term Parliaments Act 2011 4. Forms of Confidence Motions 5. Constitutional Practice Relating to Confidence Motion 6. A question of confidence in the Government, not the Prime Minister 7. The result of Government defeat on a Confidence Motion: previous cases www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Confidence Motions Contents Summary 3 1. The confidence relationship between Parliament and the Government 4 2. Confidence votes under the Fixed-term Parliaments Act 2011 5 3. Confidence votes before / outside the Fixed-term Parliaments Act 2011 7 4. Forms of Confidence Motions 11 Examples 12 Parliamentary proceedings 13 5. Constitutional Practice Relating to Confidence Motion 16 6. A question of confidence in the Government, not the Prime Minister 19 7. The result of Government defeat on a Confidence Motion: previous cases 21 Consequences of previous government defeats in confidence motions 21 Appendix - List of Confidence Motions 23 1. Government defeats on confidence motions since 1895 23 2. Confidence motions since 1945 24 Additional Author: Professor Gavin Phillipson, Professor of Law, University of Bristol, and a Parliamentary Academic Fellow working in the House of Commons Library Cover page image copyright CRI-7801 by UK Parliament/Mark Crick image. Licensed under CC BY 2.0 / image cropped. 3 Commons Library Briefing, 14 March 2019 Summary It is a core convention of the UK constitution that the Government must be able to command the confidence of the House of Commons. -
Political Constitution of Peru
(*) Political Constitution of Peru Enacted on the 29th of December, 1993 Published by the CONGRESS OF THE REPUBLIC September – 2009 (*) N.T.: Translated from Spanish into English by Juan Gotelli, Esther Velarde and Pilar Zuazo, members of the staff of the Translation Bureau of the Congress of the Republic of Peru. Revised by Mr. Jonathan Potts and Mr. Joe Northover. 1 1993 POLITICAL CONSTITUTION OF PERU The President of the Democratic Constituent Congress Whereas: As this constitutional draft has been approved by the Democratic Constituent Congress and ratified by a referendum on the 31st of October, 1993, The Democratic Constituent Congress Does establish the following Political Constitution of Peru: 2 PREAMBLE The Democratic Constituent Congress invoking Almighty God, obeying the mandate of the Peruvian people, and remembering the sacrifice of all the preceding generations of our land, has resolved to enact the following Constitution: 3 POLITICAL CONSTITUTION OF PERU TITLE I THE PERSON AND THE SOCIETY CHAPTER I FUNDAMENTAL RIGHTS OF THE PERSON Article 1 The defense of the human person and respect for his dignity are the supreme purpose of the society and the State. Article 2 Every person has the right: 1. To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him. 2. To equality before the law. No person shall be discriminated against on the basis of origin, race, sex, language, religion, opinion, economic status, or any other distinguishing feature. 3. To freedom of conscience and religion, in an individual or collective manner. -
Chapter-6 Alternative Models of Formation of Ministry In
ALTERNATIVE MODELS OF FORMATION OF MINISTRY IN FRACTURED VERDICTS CHAPTER-6 ALTERNATIVE MODELS OF FORMATION OF MINISTRY IN FRACTURED ELECTORAL VERDICTS The defining feature of the parliamentary form of government is that the ministry emerges from Parliament. Ministry is politically responsible to Parliament and must enjoy the confidence of Parliament and it may terminate any time before the expiration of the tem1 of Parliament if it loses the confidence of Parliament Parliamentary democracies, however, are quite diverse with respect to the specific rules in their Constitutions with regard to formation, continuance, and termination of the ministry. The institutional features in Constitutions are widely diverse. These institutional features can be broadly categorised into the following four categories: First, whether the ministry needs an actual vote by parliament, in the nature of 'Investiture Vote', to legally assume office; secondly, whether the ministry must maintain the active support of a parliamentary majority in order to remain in office, referred to as 'positive parliamentarism'; thirdly, whether the rules for tabling a vote of no-confidence require an alternative to be pre-specified in the motion itself. referred to as 'Constructive No-confidence Vote'; and fourthly, whether elections have to be held at predetennined intervals, referred to as 'fixed interelection period' or 'fixed-term Parliaments'.1 Daniel Diermeier, Hulya Eraslan and Antonio Merlo, "A Structural Model of Govemment Formation", Econometrica, Vol. 71, No. 1 (January, 2003), 27-70 233 ALTERNATIVE MODELS OF FORMATION OF MINISTRY IN FRACTURED VERDICTS A. ALTERNATIVE MODELS OF FORMATION OF MINISTRY The first institutional feature is with regard to the process of formation of ministry.