The Implementation Of The Lisbon Treaty

Both domestic and international measures are somewhat effective in dealing with international crime. Both crimes against the international community and Transnational crimes represent both positive outcomes in dealing with international crime, thus, exemplify issues in key areas. Through intergovernmental organizations such as the International Criminal Court and Operation Sovereign Borders (OSB), international crime Is effectively dealt with. Hence, problems such as extradition and people smuggling are hard to contain. These four issues will also be discussed in light of key effectiveness criteria, including equality, access, resources and the protection of rights.

One of the fundamental principles of the Criminal Law System is the presumption of innocence until proven guilty (McSherry, 2003). By enacting punitive legislation such as the examples given above, it has been said that it is removing this Common law right from the individual (Greig, 1995). It has also been said that it creates an exception to the general principle of law that no person shall be imprisoned unless a court comprised of Judge/Jury is convinced, beyond reasonable doubt that the person committed a very serious offence. Thereby effectively allowing people to be detained without the burden of proving guilt (Keon-Cohen, 1992).

In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.

The accomplishment of extensive police examinations is reliant upon the accessibility of state-of-the-art, shared information. At intrapolar, it furnishes our part nations with the moment, direct access to various criminal databases. These contain a large number of records, contributed by countries over the world.INTERPOL's arrangement of Notices is utilized to issue universal cautions for escapees, suspected culprits, people connected to or of enthusiasm for a progressing criminal examination, individuals and elements subject to UN Security Council Sanctions (un, 2003).

Our current ideology on crime and justice dates back to thousands of years back. This paper will compare and contrast our system and sense of crime and justice with the society Malinowski describes in “The Law in Breach and the Restoration of Order”. In our modern era, it is acceptable to think Hammurabi code is ideal to pursue crime and justice or Cesare Beccaria’s approach towards the pursue of justice is best for the society. To each to its own when it comes to this based on their own values. But regardless of how extreme, or mild our societies thought can be to sought after justice for crimes, the ultimate purpose of all of it to teach a lesson to the individual who committed the crime and to others.

In this paper we will be giving a small overview and some insight on our presentation which is on criminal trials, appeals, post-conviction remedies, and habeas corpus. The paper will also contain a few key points. In this chapter we learned about the “judicial process used during criminal trials, appeals, post-conviction proceedings,” including habeas corpus (Fredico, Fradella, & Totten, 2013). At first glance it may look like criminal trials and appeals are the most important part of the judicial proceedings, but criminal trials and appeals are mainly based upon the investigation of the police. A defendant can be guilty, but if the police don’t do a good job of collecting evidence and investigating, then the defendant can win and

have to agree on one issue. There is also a financial cost of being a

The accusatorial system is renowned for having a “clear barrier between the investigatory stage and the following trial phase, so that at the trial the information collected in the preliminary stage is not the basis for the decision” (Mirabella, 2012). In Italy the investigative responsibilities are handled by a public prosecutor to eliminate biases and neutralise the judge and the police. After the crime has been reported there is a 48-hour period in which the police must notify the public prosecutor, who then must find evidence

At over six hundred pages in length, it covers the entire spectrum of criminal procedure, including initial contact with police, search and seizure, arrest, the trial process, and sentencing. This last focus, found in Chapter 22, is one of relevance to the chosen topic, particularly the discussions regarding theories of punishment and critiques upon the imposition of fines. Avoiding “legalese” and technical jargon, the authors chose to write the book in plain language and in a question-answer format. Although its intended audience is clearly those members of society who are unversed with the inner workings of the criminal justice system, its value to criminal justice professionals is not

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.

The principle of supremacy of European Union (EU) law has been established over the course of more than five decades. It is a principle that was established by the European Court of Justice (ECJ) in 1964, and it has continued to have a rich history in the jurisprudence of the ECJ and national constitutional courts. As the ECJ and national courts attempt to define their respective realms of influence, a bright debate has sparked regarding constitutional pluralism. Moreover, the recent codification of primacy in the Constitutional Treaty has led to a new debate on the scope of the supremacy of EU law.

This essay will explore the changes that Article 263 TFEU has had to the accessibility of judicial review before the CJEU as well as assessing whether the reforms introduced were sufficient enough in improving a private parties ability to bring government decisions under scrutiny. In addition, the judgments of the Court in Inuit and Microban will be considered. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article.

Enforcing the European Union legal system is diverse and done on multiple platforms; through not only actions taken against member states for breach of their obligations, but also, for example, through the use of direct effect1. Article 267 TFEU; an organism devised to practice private enforcement of EU law before national courts, has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In

This essay will examine and evaluate the principle of supremacy of European Union (‘EU’) law since its ‘inception in the two fundamental authorities’ of Van Gend en Loos v Nederlandse Administratie and Costa v ENEL analyzing how these cases established ‘an autonomous legal order which limits national sovereignty’ . Using Professor Weiler’s prism of ‘bi-dimensionalism’ this essay will examine supremacy through two viewpoints, how the Court of Justice of the European Union (‘CJEU’) has looked at the supremacy of EU law and how the national courts have viewed the supremacy. Whilst the EU may have one view, the second part of bi-dimensionalism is how the Member States have reviewed and interpreted the EU decisions reconciling them with

The European Union is a political community constituted as an international organization whose aim is to promote integration and a common government of the European people and countries. According to the Article 3 of the European Union Treaty, Union’s aim is to promote peace, its values and the well-being of its peoples. It is based on the values of freedom, democracy, equality, law enforcement and respect for human rights and dignity.