Bosnian Disappearance Cases

Bosnian Enforced Disappearance Cases The European Court of Human Rights and the Human Rights Committee’s approaches to Bosnian Enforced Disappearance Cases Following its independence from the Socialist Federal Republic of Yugoslavia in March 1992, Bosnia and Herzegovina went through three and a half years of armed conflict, which ended with the signing of the General … Read more

Counter-Terrorism in Belgium

Counter-Terrorism in Belgium NATIONAL POLICY Belgium attaches fundamental importance to fighting terrorism and strives to ensure that it has all the appropriate means of preventing acts of terrorism and effectively bringing the perpetrators to trial. This combat is pursued with due regard for human rights and the rule of law. Belgium has established a coherent, … Read more

German Civil Judiciary

German Civil Judiciary Viewed comparatively from the Anglo-American perspective, the greater authority of the German judge over fact-gathering comes at the expense of the lawyers for the parties. Adversary influence on fact-gathering is deliberately restrained. Furthermore, in routine civil procedure, German judges do not share power with jurors. There is no civil jury. Because German … Read more

German Civil Procedure

German Civil Procedure There are two fundamental differences between German and Anglo-American civil procedure, and these differences lead in turn to many others. First, the court rather than the parties’ lawyers takes the main responsibility for gathering and sifting evidence, although the lawyers exercise a watchful eye over the court’s work. Second, there is no … Read more

Visigothic Code

Visigothic Code Preface of the Visigothic Code (Forum judicum) [v] It was well said by Gibbon that “Laws form the most important portion of a nation’s history,” for from them, more impartially than from any other source, we derive information of the customs, virtues, vices, political ethics, faults, follies, and religious prejudices of a people. … Read more

Benes Decrees

Benes Decrees This relate to events that occurred in what was at the time Czechoslovakia. In 1945, after the German annexation of Sudetenland and the occupation of Czechoslovakia, the Czechoslovak government, under the leadership of President Edvard Benes, ratified a series of laws known as the Benes Decrees. These decrees were primarily aimed at reconstructing … Read more

Doctrine of Papal Primacy

Doctrine of Papal Primacy For contextual information, see the entry on Later Medieval Canon Law in this encyclopedia. Boniface VIII, Unam Sanctam, 1302 The Bull ‘Unam Sanctam’, in which Pope Boniface VIII asserted his rights against King Phillip the Fair of France, is a landmark in the history of the doctrine of Papal Primacy. Text … Read more

Rebirth of Canon Law Studies

Rebirth of Canon Law Studies Rebirth of Canon Law Studies: 11th Century On Domus Gratiani: Gratian Studies Gratian was a 12th-century Benedictine monk and canon lawyer from Bologna. Little is known about him beyond the fact that he compiled and wrote this collection of legal texts, which became the code of canon law used in … Read more

Medieval Bulgars

Medieval Bulgars Pope Nicholas I: Responses to the Questions of the Bulgars A.D. 866 (Letter 99) Note: previous chapters are available here, here and also here. Chapter LV. Now then, as for your assertion that the Greeks forbid you to receive communion without belts, we have no idea with what witnesses from sacred Scripture they … Read more

Bulgars

Bulgars Since the sixth century, the Bulgars had known intermittent contact with the Christians of the surrounding nations, whether as merchants or prisoners-of-war or through diplomatic relations. During the later eighth and early ninth century, the Christian population in Bulgar lands increased so much that Christians were rumored to have influence at the court of … Read more

Papal Decrees

Papal Decrees Gelasius: On the Two Powers Gelasius I on Spiritual and Temporal Power, 494 Letter of Pope Gelasius to Emperor Anastasius on the superiority of the spiritual over temporal power: The pope’s view of the natural superiority of the spiriitual over the temporal power finds a clear expression the following remarkable letter of Gelasius … Read more

Powerless

Powerless In Eastern Europe Our system is most frequently characterized as a dictatorship or, more precisely, as the dictatorship of a political bureaucracy over a society which has undergone economic and social leveling. I am afraid that the term “dictatorship,” regardless of how intelligible it may otherwise be, tends to obscure rather than clarify the … Read more

Human Rights in Belarus

Human Rights in Belarus Human Rights Committee’s Views When State Parties refuse to cooperate with the United Nations Human Rights Committee (HRC) or deliberately reject its decisions, the influence of the HRC is negatively affected and the significance of its views diminished. Since the HRC’s views “exhibit some important characteristics of a judicial decision” (UN … Read more

International Child Abduction

International Child Abduction in Europe European Union Regulation and the Hague Convention on International Child Abduction In the European Union, a community composed of multicultural and multiethnic societies, where citizens move freely across borders, the abduction of children is a growing problem. Frequently, abductions occur among E.U. citizens, residents of a particular Member State, who … Read more

Medieval Bulgar Controversy

Medieval Bulgar Controversy Pope Nicholas I: Responses to the Questions of the Bulgars A.D. 866 (Letter 99) Note: previous chapters are available here, here, here and also here. Chapter LXXV. The bishops whom we have sent to your country are bringing with them in writing the judgment of penance[25] that you requested, and of course … Read more

Ecumenical Councils

Ecumenical Councils Ecumenical and General Church Councils Note: this is a useful, if denominationally partisan, article from the Catholic Encyclopedia. Councils are legally convened assemblies of ecclesiastical dignitaries and theological experts for the purpose of discussing and regulating matters of church doctrine and discipline. The terms council and synod are synonymous, although in the oldest … Read more

German Criminal Code

German Criminal Code The Criminal Code (StGB, with the necessary delimitation also dStGB) regulates in Germany the core matter of substantive criminal law. While this determines the conditions and legal consequences of criminal acts, the procedure for enforcing its norms, criminal proceedings, is governed by its own code of practice – the Code of Criminal … Read more

Freedom of Expression

Freedom of Expression in Europe Freedom of Expression in Sweden In the Swedish Constitution: The Fundamental Law on Freedom of Expression (SFS nr: 1991:1469) In addition to the Instrument of Government, Sweden has three fundamental laws (Sveriges Grundlagar): the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of … Read more

Official Documents

Official Documents in Europe Official Documents and Press Freedom in Sweden In the Swedish Constitution: The Freedom of the Press Act (SFS nr: 1949:105) In addition to the Instrument of Government, Sweden has three fundamental laws (Sveriges Grundlagar): the Act of Succession, the Freedom of the Press Act, which covers the the public nature of … Read more

German Criminal System

German Criminal System Note: See also the German Criminal Code. For details on the German legal system, please see here. Contents Information on the following topics in relation to German penal law are available in this European legal encyclopedia: Supervision order Mutual insults Violating the memory of the dead Foreign money, stamps and securities Affirmations … Read more

Crimes Against the Security of the Realm

Crimes Against the Security of the Realm in Europe Crimes against the Security of the Realm in Sweden Crimes against the Security of the Realm in the Swedish Penal Code The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on crimes […]

Germany

Germany in Europe According to the work "Guide to Foreign and International Citations", by the Journal of International Law and Politics (New York University School of Law): In Germany’s federal structure, most of the legislative power is concentrated at the national level, while […]

Common Agricultural Policy

Common Agricultural Policy in Europe EU Common Policies: Common Agricultural Policy (CAP) Introduction to Common Agricultural Policy The Common Agricultural Policy (CAP) was established by the 1957 Rome treaty that created the European Economic Community. The policy reflected a belief in the […]

Enlargement

Enlargement in Europe Definition of Enlargement

Increasing an estate, e.g., when a base fee becomes united with the reversion or remainder in fee, the base fee is enlarged to the fee-simple

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Norman Law

Norman Law in the History of Europe Norman legal history Obscurity of Norman legal history The oldest financial records, the oldest judicial records3 that it has transmitted to us, are of much later date than the parallel English documents. Its oldest law-books, two small treatises now fused together and published under the title Le très … Read more

Standard

Standards The use of Standards in complying with European product safety Directives is not compulsory, but they can be useful when designing products. However, some European standards have a special legal status and define minimum acceptable levels for health and safety by supporting the essential requirements of these Directives, and if followed fully may give … Read more

Anonymity

Anonymity in Europe Right to Anonymity and Press Freedom in Sweden In the Swedish Constitution: The Freedom of the Press Act (SFS nr: 1949:105) In addition to the Instrument of Government, Sweden has three fundamental laws (Sveriges Grundlagar): the Act of Succession, the Freedom of the Press Act, which covers the right to Anonymity, and … Read more

Services Directive

European Union Services Directive The European Union (EU) Services Directive aims to break down barriers to cross border trade in services between countries in the EU. The Services Directive aims to make life easier for businesses, particularly small and medium sized enterprises, to offer their services to customers in other EU countries, whether establishing elsewhere … Read more

Electrical Equipment

Electrical Equipment Low Voltage Directive (LVD) If you manufacture electrical equipment in Europe, you must comply with the national legislation that implement the European Council Directive 2006/95/EEC – commonly referred to as the Low Voltage Directive (LVD). One of the aims of the directive is to ensure that electrical equipment designed for use within certain … Read more

Toy

Toys in Europe Manufacture, imports and distribution of Toys: European Toy Safety Directive 2009/48/EC European Union manufacturers, authorised representatives of a manufacturer, importers and distributors of toys intended for children must comply with the provisions of the national law (in the UK, the Toys (Safety) Regulations 2011 for toys placed on the market after 19 … Read more

Supply Law

Products Supply Law European Community law on the supply of new products In order to facilitate a single European market for goods some 20 years ago the European Union began what is described as the ‘New Approach’. A number of Directives were adopted with the aim of setting objectives for the harmonisation of technical rules, … Read more

Crimes Against Public Order

Crimes Against Public Order in Europe Crimes against Public Order in Sweden Crimes against Public Order in the Swedish Penal Code The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on crimes against public order and on most of the […]

Bulgarian Criminal Justice System

Bulgarian Criminal Justice System This entry gives a general account of the overall criminal system and outline the political and legal structure and the history of the x criminal justice system to help account for the unique aspects that may help to bind the many parts of this criminal justice system together, and to show … Read more

Ecodesign

Ecodesign Policy At the global level, the Marrakech Process aims “to support the elaboration of a 10-Year Framework of Programs (10 YFP) on sustainable consumption and production” coordinating global efforts on greener production among other efforts (United Nations, 2008). At European Union level, multiple Directives with significant impacts on product design have been implemented, coordinated … Read more

Dutch Prison System

Dutch Prison System 1. Description. * Number of prisons and type. Dutch prisons are characterized as closed (high security), semi-open (normal security) and open institutions (minimal security). Extra-high-risk security units within prisons exist to house inmates who are high escape risks or exhibit violent behavior toward other inmates or prison officers. Detention in these extra-high-risk … Read more

Waste Incineration

Waste Incineration Implementation of European Council Directive 2000/76/EC on the Incineration of Waste The Regulatory Framework The Waste Incineration Directive (WID) introduces stringent operating conditions and sets minimum technical requirements for waste incineration and co-incineration 1. It consolidates new and existing incineration controls into a single piece of European legislation. The requirements of the Directive … Read more