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Commdh(2005)10 Original Version
OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS _______________ BUREAU DU COMMISSAIRE AUX DROITS DE L´HOMME Strasbourg, 14 December 2005 CommDH(2005)10 Original version REPORT BY Mr. ALVARO GIL-ROBLES, COMMISSIONER FOR HUMAN RIGHTS, ON HIS VISIT TO THE REPUBLIC OF ICELAND 4 - 6 JULY 2005 for the attention of the Committee of Ministers and the Parliamentary Assembly CommDH(2005)10 2 CONTENTS INTRODUCTION.......................................................................................................................3 GENERAL OBSERVATIONS ..................................................................................................4 1. JUDICIARY ....................................................................................................................5 2. PRISON SYSTEM ..........................................................................................................7 3. PRE-TRIAL DETENTION............................................................................................8 4. HUMAN RIGHTS STRUCTURES.............................................................................10 5. TREATMENT OF ASYLUM SEEKERS..........................................................................12 6. INTEGRATION OF FOREIGNERS.................................................................................14 7. GENDER EQUALITY AND VIOLENCE AGAINST WOMEN ....................................16 8. NON-DISCRIMINATION..................................................................................................18 9. TRAFFICKING -
USA -V- Julian Assange Judgment
JUDICIARY OF ENGLAND AND WALES District Judge (Magistrates’ Court) Vanessa Baraitser In the Westminster Magistrates’ Court Between: THE GOVERNMENT OF THE UNITED STATES OF AMERICA Requesting State -v- JULIAN PAUL ASSANGE Requested Person INDEX Page A. Introduction 2 a. The Request 2 b. Procedural History (US) 3 c. Procedural History (UK) 4 B. The Conduct 5 a. Second Superseding Indictment 5 b. Alleged Conduct 9 c. The Evidence 15 C. Issues Raised 15 D. The US-UK Treaty 16 E. Initial Stages of the Extradition Hearing 25 a. Section 78(2) 25 b. Section 78(4) 26 I. Section 78(4)(a) 26 II. Section 78(4)(b) 26 i. Section 137(3)(a): The Conduct 27 ii. Section 137(3)(b): Dual Criminality 27 1 The first strand (count 2) 33 The second strand (counts 3-14,1,18) and Article 10 34 The third strand (counts 15-17, 1) and Article 10 43 The right to truth/ Necessity 50 iii. Section 137(3)(c): maximum sentence requirement 53 F. Bars to Extradition 53 a. Section 81 (Extraneous Considerations) 53 I. Section 81(a) 55 II. Section 81(b) 69 b. Section 82 (Passage of Time) 71 G. Human Rights 76 a. Article 6 84 b. Article 7 82 c. Article 10 88 H. Health – Section 91 92 a. Prison Conditions 93 I. Pre-Trial 93 II. Post-Trial 98 b. Psychiatric Evidence 101 I. The defence medical evidence 101 II. The US medical evidence 105 III. Findings on the medical evidence 108 c. The Turner Criteria 111 I. -
REPORT on MEASURES to COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC
European network of legal experts in the non-discrimination field REPORT ON MEASURES TO COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC COUNTRY REPORT 2013 ICELAND Guðrún D. Guðmundsdóttir State of affairs up to 1st January 2014 This report has been drafted for the European Network of Legal Experts in the Non-discrimination Field (on the grounds of Race or Ethnic Origin, Age, Disability, Religion or Belief and Sexual Orientation), established and managed by: Human European Consultancy Migration Policy Group Maliestraat 7 Rue Belliard 205, Box 1 3581 SH Utrecht 1040 Brussels Netherlands Belgium Tel +31 30 634 14 22 Tel +32 2 230 5930 Fax +31 30 635 21 39 Fax +32 2 280 0925 [email protected] [email protected] www.humanconsultancy.com www.migpolgroup.com All reports are available on the website of the European network of legal experts in the non-discrimination field: http://www.non-discrimination.net/law/national-legislation/country-reports-measures- combat-discrimination This report has been drafted as part of a study into measures to combat discrimination in the EU Member States, funded by the European Community Programme for Employment and Social Solidarity – PROGRESS (2007-2013). The views expressed in this report do not necessarily reflect the views or the official position of the European Commission. European network of legal experts in the non-discrimination field TABLE OF CONTENTS INTRODUCTION ......................................................................................................... 3 0.1 The national legal system ........................................................................... 3 0.2 Overview/State of implementation .............................................................. 4 0.3 Case-law ..................................................................................................... 5 1 GENERAL LEGAL FRAMEWORK .................................................................... 9 2 THE DEFINITION OF DISCRIMINATION ........................................................ -
Independence of the Justice System
Factsheet – Independence of the justice system July 2021 This Factsheet does not bind the Court and is not exhaustive Independence of the justice system Article 6 § 1 (right to a fair trial – independent tribunal) of the European Convention on Human Rights (“the Convention”): “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. (...)”. Independence and right to a fair trial Remli v. France 23 April 1996 This case concerned an Assize Court’s refusal of an application by a French defendant of Algerian origin to have formal note taken of a racist remark allegedly made by one of the jurors outside the courtroom and which had been recorded in a written witness statement. The applicant complained in particular that he had not had a hearing by an impartial tribunal. The Court held that there had been a violation of Article 6 § 1 of the Convention. It noted in particular that Article 6 § 1 imposed an obligation on every national court to check whether, as constituted, it was “an impartial tribunal” where, as in the applicant’s case, this was disputed on a ground that did not immediately appear to be manifestly devoid of merit. In the instant case, however, the Assize Court had not made any such check, thereby depriving the applicant of the possibility of remedying, if it proved necessary, a situation contrary to the requirements of the Convention. This finding, regard being had to the confidence which the courts must inspire in those subject to their jurisdiction, sufficed for the Court to hold that there has been a breach of Article 6 § 1. -
Legal Recognition.Indb
EFL 32 - Legal Recognitio [vol] 19-03-2012 10:18 Pagina 1 Angelika Fuchs (eds) Katharina and Boele-Woelki A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of Same-Sex Relationships in Europe Legal Recognition of 32 Legal Recognition of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration Same-Sex Relationships schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including in Europe surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues. NATIONAL, CROSS-BORDER AND EUROPEAN PERSPECTIVES Katharina Boele-Woelki and Angelika Fuchs (eds) 32 Fully revised 2nd edition EFL 32 - Legal Recognitio [vol] 19-03-2012 10:18 Pagina 1 Angelika Fuchs (eds) Katharina and Boele-Woelki A book series dedicated to the harmonisation and unification of family and succession law in Europe. -
Yearbook of Muslims in Europe the Titles Published in This Series Are Listed at Brill.Com/Yme Yearbook of Muslims in Europe Volume 5
Yearbook of Muslims in Europe The titles published in this series are listed at brill.com/yme Yearbook of Muslims in Europe Volume 5 Editor-in-Chief Jørgen S. Nielsen Editors Samim Akgönül Ahmet Alibašić Egdūnas Račius LEIDEN • boSTON 2013 This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering Latin, IPA, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. ISSN 1877-1432 ISBN 978-90-04-25456-5 (hardback) ISBN 978-90-04-25586-9 (e-book) Copyright 2013 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing, IDC Publishers and Martinus Nijhoff Publishers. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. This book is printed on acid-free paper. CONTENTS The Editors ........................................................................................................ ix Editorial Advisers ........................................................................................... -
Country Compendium
Country Compendium A companion to the English Style Guide July 2021 Translation © European Union, 2011, 2021. The reproduction and reuse of this document is authorised, provided the sources and authors are acknowledged and the original meaning or message of the texts are not distorted. The right holders and authors shall not be liable for any consequences stemming from the reuse. CONTENTS Introduction ...............................................................................1 Austria ......................................................................................3 Geography ................................................................................................................... 3 Judicial bodies ............................................................................................................ 4 Legal instruments ........................................................................................................ 5 Government bodies and administrative divisions ....................................................... 6 Law gazettes, official gazettes and official journals ................................................... 6 Belgium .....................................................................................9 Geography ................................................................................................................... 9 Judicial bodies .......................................................................................................... 10 Legal instruments ..................................................................................................... -
Governing Body Geneva, March 2003
INTERNATIONAL LABOUR OFFICE GB.286/11(Part II) 286th Session Governing Body Geneva, March 2003 Part II CASE NO. 2178 REPORT IN WHICH THE COMMITTEE REQUESTS TO BE KEPT INFORMED OF DEVELOPMENTS Complaint against the Government of Denmark presented by — the Danish Confederation of Trade Unions (LO) — the Salaried Employees’ and Civil Servants’ Confederation (FTF) and — the Danish Federation of Professional Associations (AC) Allegations: The complainants allege that the Act on part-time work will intervene in previously concluded collective agreements and will prevent social partners from freely negotiating in future on this matter. 553. This joint complaint is contained in a communication dated 27 February 2002 from the Danish Confederation of Trade Unions (LO), the Salaried Employees’ and Civil Servants’ Confederation (FTF) and the Danish Federation of Professional Associations (AC). 554. The Government of Denmark transmitted its reply in communications dated 1 May and 17 October 2002. 555. Denmark has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). A. The complainants’ allegations 556. The complainant organizations are the three central organizations of employees in Denmark. They allege that the Bill amending the Act on the Implementation of the EU Directive on Part-Time Work (Bill 104) will invalid restrictions on part-time work negotiated in previous collective agreements and will prevent social partners from freely negotiating on this matter, thus contravening Conventions Nos. 87 and 98, and freedom of GB286-11(Part II)-2003-03-0226-1-EN.Doc 183 GB.286/11(Part II) association principles. -
Europe and the Nordic Collective-Bargaining Model the Complex Interaction Between Nordic and European Labour Law Europe and the Nordic Collective-Bargaining Model
TemaNord 2015:541 TemaNord 2015:541 TemaNord Ved Stranden 18 DK-1061 Copenhagen K www.norden.org Europe and the Nordic Collective-Bargaining Model The Complex Interaction between Nordic and European Labour Law Europe and the Nordic Collective-Bargaining Model One of the special features of the Nordic countries is that the determination of wages and working conditions is largely left up to the negotiations between the social partners. The purpose of this report is to illuminate a number of the challenges faced by the labour-law systems of the Nordic countries in the light of an increasingly well-developed European law system. The first part of the report was prepared by Dr. Jur. Jens Kristiansen, the editor-in-chief, and focuses on a number of the general challenges facing the labour-law systems of the Nordic countries in the form of European rules and court decisions. The second part of the report was prepared by various representatives of employer and employee organisations in the Nordic countries and illustrates some of the challenges faced by the social partners in their interaction with the European court system and the way in which these challenges have been addressed in the individual countries. TemaNord 2015:541 ISBN 978-92-893-4177-6 (PRINT) ISBN 978-92-893-4179-0 (PDF) ISBN 978-92-893-4178-3 (EPUB) ISSN 0908-6692 TN2015541 omslag.indd 1 02-06-2015 11:20:51 Europe and the Nordic Collective-Bargaining Model The Complex Interaction between Nordic and European Labour Law Dr. Jur. Jens Kristiansen (ed.) Contributions by: Jens Kristiansen, Hans Tilly, Lena Maier Söderberg, Flemming Dreesen, Magnús Norðdahl, Christen Horn Johannessen, Hrafnhildur Stefánsdóttir, Gabriella Sebardt, Ane Kristine Lorentzen, Jari Hellsten, Jens Kragh og Ella Sjödin TemaNord 2015:541 Europe and the Nordic Collective-Bargaining Model The Complex Interaction between Nordic and European Labour Law Dr. -
Flash Reports on Labour Law February 2021 Summary and Country Reports
Flash Reports on Labour Law February 2021 Summary and country reports Written by The European Centre of Expertise (ECE), based on reports submitted by the Network of Labour Law Experts February 2021 EUROPEAN COMMISSION Directorate DG Employment, Social Affairs and Inclusion Unit B.2 – Working Conditions Contact: Marie LAGARRIGUE E-mail: [email protected] European Commission B-1049 Brussels Flash Report 02/2021 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE The contents of this publication are the sole responsibility of the author(s). The contents of this publication do not necessarily reflect the position or opinion of the European Commission. Neither the European Commission nor any person/organisation acting on behalf of the Commission is responsible for the use that might be made of any information contained in this publication. This publication has received financial support from the European Union Programme for Employment and Social Innovation "EaSI" (2014-2020). For further information please consult: http://ec.europa.eu/social/easi. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2021 ISBN ABC 12345678 DOI 987654321 © European Union, 2021 Reproduction is authorised provided the source is acknowledged. Flash -
Global Economies, Regulatory Failure, and Loose Money: Lessons for Regulating the Finance Sector from Iceland’S Financial Crisis
2 MORRISS PETURSSON 691 - 799 (DO NOT DELETE) 5/3/2012 1:26 PM GLOBAL ECONOMIES, REGULATORY FAILURE, AND LOOSE MONEY: LESSONS FOR REGULATING THE FINANCE SECTOR FROM ICELAND’S FINANCIAL CRISIS Birgir T. Petursson* & Andrew P. Morriss** ABSTRACT Iceland was the first developed economy to fall into crisis in 2008, with the collapse of its banking sector, currency value, and economy. The collapse threw Iceland into a political crisis and provoked a serious international dispute between Iceland and Britain and the Netherlands over responsibility for the failed banks. Prior to 2008, Iceland had been treated as the poster child for deregulation; since 2008, it has been held up as the poster child for the dangers of financial liberalization. Neither is accurate. Rather, Iceland presents a cautionary tale about the interrelationships between fiscal and monetary policy and regulatory measures. Excessive liquidity fostered by central banks around the world, expansionary fiscal policies in Iceland, and inadequate understanding of fundamental * Partner, Laekjargata Lawfirm, Reykjavik, Iceland & Co-Founder and Director, Centre for Social and Economic Research, Reykjavik, Iceland; Cand. jur., University of Iceland, 1998. The authors thank the University of Alabama School of Law, and Law and Economics and Business Law Programs at the University of Illinois College of Law for financial support that made their collaboration easier; Liberty Fund, Inc. and the Searle Center at Northwestern University facilitated the collaboration by assisting with Petursson’s travel in the United States in 2009; the Regulatory Studies Program at George Washington University hosted us in 2011 and participants at a seminar there provided helpful comments. -
Act on the Judiciary No. 15, 25 March 1998
Act on the Judiciary No.15/1998 Translation from Icelandic Act on the Judiciary No. 15, 25 March 1998 Entered into force on 1 July 1998, with the exception of Article 34. Amended by Act No. 47/2006 (entered into force on 1 July 2006), Act No. 88/2008 (entered into force on 1 January 2009, with the exception of transitional provision VII which entered into force on 21 June 2008), Act No. 147/2009 (entered into force on 1 January 2010), Act No. 45/2010 (entered into force on 29 May 2010), Act 162/2010 (entered into force on 1 January 2011) and Act 12/20111(entered into force on 17 February 2011). Chapter I Judicial Organisation Section 1 The Supreme Court of Iceland shall be the highest judicial authority in Iceland. The Court shall be a court of appeals, based in Reykjavík. Section 2 The district courts shall be eight in number. Their names, places and areas of office shall be as follows: 1. The District Court of Reykjavík shall be based in Reykjavík, serving the areas of the following municipalities: Reykjavík, Seltjarnarnes, Mosfellsbær and Kjósarhreppur. 2. The District Court of Western Iceland shall be based at Borgarnes, serving the areas of the following municipalities: Akranes, Hvalfjarðarstrandarhreppur, Skilmannahreppur, Innri-Akraneshreppur, Leirár- og Melahreppur, Andakílshreppur, Skorradalshreppur, Lundarreykjadalshreppur, Reykholtsdalshreppur, Hálsahreppur, Hvítársíðuhreppur, Þverárhlíðarhreppur, Borgarhreppur, Borgarbyggð, Álftaneshreppur, Kolbeinsstaðahreppur, Eyja- og Miklaholtshreppur, Snæfellsbær, Eyrarsveit, Helgafellssveit, Stykkishólmsbær, Dalabyggð and Saurbæjarhreppur. 3. The District Court of the West Fjords shall be based at Ísafjörður, serving the areas of the following municipalities: Reykhólahreppur, Vesturbyggð, Tálknafjarðarhreppur, Bolungarvík, Ísafjörður, Súðavíkurhreppur, Árneshreppur, Kaldrananaeshreppur, Hólmavíkurhreppur, Kirkjubólshreppur, Broddaneshreppur and Bæjarhreppur.