The EU-Ukraine Action Plan on Visa Liberalisation: an assessment of Ukraine's readiness. OSW Commentary No. 45, 2011-01-17

The Action Plan on visas adopted during the recent EU-Ukraine summit is a success for Ukraine. It is the first time that Kyiv has succeeded in obtaining a definition of the conditions and criteria whose fulfilment will enable Ukraine to apply for the lifting of EU visas for its citizens. Ukraine's strong point has been its political will; the lifting of this visa regime has been a priority for all Ukrainian governments since 2005. Since Viktor Yanukovych became president, Ukraine has adopted or prepared key legal acts that brought it nearer to European standards in the area of border and migration management. One of Kyiv's strengths is also its relatively well reformed and efficiently managed border service. Moreover, illegal transit migration via Ukraine is decreasing, and fewer Ukrainians are trying to enter or stay in the EU illegally. Also, Kyiv has efficiently implemented the EU-Ukraine readmission agreement. The hardest task for Ukraine will be to meet the EU’s expectations concerning values, the condition of Ukrainian democracy, and the rule of law. Corruption remains the main barrier to Ukraine's development and modernisation; the courts are weak and the judicial system inefficient. The main undertaking of the new migration service that is being formed at the moment will be to create a civil system of registration, monitoring and regulating the stays of foreign nationals. This may prove difficult, as the supervisory authority (the Ministry of the Interior) remains an unreformed, police-type bureaucratic institution. Ukraine is lagging behind countries such as Russia, Belarus and Moldova when it comes to the introduction of biometric documents. Another problem is the lack of an electronic information system on foreign nationals, visas and border crossings which would be accessible to all the relevant services and institutions. For these reasons, the complete abolition of visas seems to be a longterm perspective, especially considering that many EU countries, which themselves are faced with the problem of migrants’ integration, are rather sceptical about the further liberalisation of movement of people with their eastern neighbours. In the immediate future, if Ukraine meets some of the requirements set by the EU, it will be able to seek the extension of the visa facilitations that have been in operation since 2008.

The reform of the EU courts (II). Abandoning the management approach by doubling the General Court. Egmont Paper 83, March 2016

The 2011 proposal of the European Court of Justice aiming to increase the number of judges of the General Court has mutated after four years into a complete change of the EU judicial system. This long legislative debate was the first implementation of the Lisbon Treaty in the judicial domain. It has revealed different problems – formal and substantial – of the approach of public service reform in the European institutions.

A history of English law,

Accompanied by "Tables and index, by Edward Potton." (ix p., 1 l., 228 p. 221/2 cm.) Published: London, Methuen & co., ltd, [1932]

Lettres sur la Cour de la chancellerie d'Angleterre, et quelques points de la jurisprudence anglaise; enrichies de notes et appendices

Introduction (p. [xi]-xcviii) relates to the French judicial system.

Essays and addresses,

Published in commemoration of the opening of the new college buildings, October 7th, 1873.

MALAQUIAS, MENSAGEIRO DA JUSTIÇA:UM ESTUDO A PARTIR DO QUARTO ORÁCULO (2,17-3,5)

O livro de Malaquias apresenta oráculos que conservam informações relevantes do período pós exílico sob o domínio da Pérsia e, especialmente, os problemas religiosos focalizando a displicência dos sacerdotes no cumprimento de suas funções e os problemas sociais apontando para um amplo movimento de opressão externa e interna. Esta pesquisa buscou verificar, no primeiro capítulo, como a mensagem de Malaquias através de sua forma e conteúdos visava aplacar as insatisfações internas dos grupos que habitavam o território de Judá. Neste capítulo, foram abordadas as discussões histórico-literárias sobre data, autoria, destinatários, forma do anúncio. Ainda procurou-se realizar levantamentos históricos verificando o sistema e as estruturas de opressão dos persas no território de Judá e também as faces da reorganização da sociedade de Judá. O segundo capítulo enfatizou, mais propriamente, o trabalho exegético no quarto oráculo (2,17-3,5). Neste pode-se verificar uma síntese dos temas centrais da mensagem de Malaquias: O juízo divino que viria pela negligência religiosa e que exigia compromissos com a justiça prática na vida do povo. A partir das discussões exegéticas buscou-se verificar como o profeta apresentou ao povo e aos sacerdotes quais seriam os agentes e as ações transformadoras que Javé promoveria para restaurar a justiça e o culto purificado. O terceiro capítulo apresenta um tema recorrente nos oráculos do livro de Malaquias: a justiça. Para isso, foram analisadas três perícopes que tratam o tema da justiça enfocadamente, as influências do sistema judicial persa na prática da justiça cotidiana em Judá e a realidade de opressão nos sistema de parentesco entre as famílias (clãs) que habitavam o território de Judá - (2,10-16; 2,17-3,5 e 3,13-21). A pesquisa de Malaquias aponta para um profeta engajado política e socialmente. O Mensageiro manteve os ideais proféticos e desejou reacender os valores da aliança entre o povo e fortalecer a confiança na ação de Javé que restauraria a justiça na prática cotidiana.(AU)

A JUSTIÇA EM PAUTA: O Poder Judiciário Brasileiro na Mídia Impressa

Pesquisa realizada nos principais veículos da mídia impressa nacional, entre os meses de julho e dezembro de 2007, com o objetivo de verificar qual é a imagem do Poder Judiciário Brasileiro divulgada pelos veículos, interpretando os principais temas abordados nas publicações e a angulação das matérias. Utilizou-se a análise de conteúdo e a ferramenta da auditoria de imagem na mídia. Concluiu-se na pesquisa que o Poder Judiciário Brasileiro é foco da mídia impressa principalmente quando analisa processos relativos a pessoas públicas, especialmente parlamentares. Também por esse motivo, observou-se que a maior parte das matérias citava a atuação do Supremo Tribunal Federal, órgão máximo da justiça brasileira e responsável pelo julgamento de senadores, principais focos das matérias e autoridades com di-reito a foro privilegiado. Além disso, chegou-se à conclusão de que a maioria das matérias re-fere-se a processos ainda em curso, evidenciando-se que não há um acompanhamento fre-qüente das decisões e sentenças dos órgãos do judiciário. Embora a análise seja referente a um período delimitado, evidenciaram-se falhas na comunicação do judiciário e foram apresenta-das sugestões para aprimorar essa comunicação. (AU)

Guilty as charged? The effect of interpreting on interviews with suspects

The ways in which an interpreter affects the processes and, possibly, the outcomes of legal proceedings has formed the focus of much recent research, most of it centred upon courtroom discourse. However comparatively little research has been carried out into the effect of interpreting on the interview with a suspect, despite its 'upstream' position in the legal process and vital importance as evidence. As a speech event in the judicial system, the interview differs radically from that which takes place 'downstream', that is, in court. The interview with suspect represents an entirely different construct, in which a range of registers is apparent, and participants use distinctive means to achieve their institutional goals. When a transcript of an interpreter-mediated interview is read out in court, it is assumed that this is a representation of an event, which is essentially identical to a monolingual interview. This thesis challenges that assumption. Using conservation analytic techniques, it examines data from a corpus of monolingual and interpreter-mediated, taped interviews with suspects, in order to identify potentially significant interactional differences and describe ways in which the interpreter affects the processes and may affect the outcomes of the interview. It is argued that although individually, the interactional differences may appear slight, their cumulative effect is significant, particularly since the primary participants in the event are unaware of the full force of the interpreting effect. Finally, the thesis suggests that the insights provided by linguistic analysis of the interpreting on interviews may provide the basis for training, both for interpreters themselves, and for officers in techniques for interpreter-mediated interviews.

Trading democracy for security? The effects of the international drug war on the quality of democracy in the Dominican Republic, 1996–2008

The purpose of the research is to study the relationship between international drug interdiction policies and domestic politics in fragile democracies, and to demonstrate how international drug control policies and the use of force fit the rhetoric of war, are legitimized by the principles of a just war, but may also cause collateral damage and negative unintended consequences. The method used is a case study of the Dominican Republic. The research has found that international drug control regimes, primarily led by the U.S. and narrowly focused on interdiction, have influenced an increasingly militarized approach to domestic law enforcement in the Dominican Republic. The collateral damage caused by militarized enforcement comes in the form of negative perceptions of citizen security, loss of respect for the rule of law and due process, and low levels of civil society development. The drug war has exposed the need for significant reform of the institutions charged with carrying out enforcement, the police force and the judicial system in particular. The dissertation concludes that the extent of drug trafficking in the Dominican Republic is beyond the scope of domestic reform efforts alone, but that the programs implemented do show some potential for future success. The dissertation also concludes that the framework of warfare is not the most appropriate for the international problems of drug traffic and abuse. A broader, multipronged approach should be considered by world policy makers in order to address all conditions that allow drugs to flourish without infringing upon democratic and civil rights in the process.

The Use of the Military for Law Enforcement Activities in Central America

Faced with the violence, criminality and insecurity now threatening peace and democratic governance in Central America, the region’s governments have decided to use the Armed Forces to carry out actions in response to criminal actions, looking to improve their performance. Although public demand for including the Armed Forces in these functions takes place within a legally legitimate framework, it is motivated by tangible circumstances such as increased levels of violence, delinquency and crime. Despite being coupled with the perception of institutional weakness within the security and judicial system (particularly police) and the recognition of prestige, efficiency, discipline and severity in fulfilling the Armed Forces’ missions, these arguments are insufficient to legitimize the use of the military as a police force. Within this context, this paper reflects on the implications or consequences of the use of the Armed Forces in duties traditionally assigned to the police in the Central American region with the goal of contributing to the debate on this topic taking place in the Americas. To achieve this end, first we will focus on understanding the actual context in which a decision is made to involve the Armed Forces in security duties in the region. Second, we will examine the effects and implications of this decision on the Armed Forces’ relations within their respective societies. Third and finally, considering this is already a reality in the region, this paper will provide recommendations. The main findings of this research, resulting from the application of an analyticaldescriptive and historically based study, are organized in three dimensions: the political dimension, by implication referring to the relationship between the ultimate political authority and the Armed Forces; the social dimension, by implication the opinion of citizens; and other implications not only affecting the structural and cultural organization of armies and police but also the complementary operational framework within a context of comprehensive response by the State. As a main conclusion, it poses there is an environment conducive to the use of the Armed Forces in citizen’s security, in view of the impact of threats provoked by criminal structures of a military nature currently operating in Central America. However, this participation creates an inevitable social and political impact if implemented in isolation or given a political leading role and/or operational autonomy. This participation poses risks to the institutions of the Armed Forces and the police as well. Finally, this paper identifies an urgent need for the Armed Forces’ role to be more clearly defined with regard to security matters, limiting it to threats that impact States’ governability and existence. Nonetheless, Central American States should seek a COMPREHENSIVE response to current crime and violence, using all necessary institutions to confront these challenges, but with defined roles and responsibilities for each and dynamic coordination to complement their actions.

Capabilities of Police and Military Forces in Central America -- A Comparative Analysis of Guatemala, El Salvador, Honduras an d Nicaragua

A difficult transition to a new paradigm of Democratic Security and the subsequent process of military restructuring during the nineties led El Salvador, Honduras, Guatemala and Nicaragua to re-consider their old structures and functions of their armed forces and police agencies. This study compares the institutions in the four countries mentioned above to assess their current condition and response capacity in view of the contemporary security challenges in Central America. This report reveals that the original intention of limiting armies to defend and protect borders has been threatened by the increasing participation of armies in public security. While the strength of armies has been consolidated in terms of numbers, air and naval forces have failed to become strengthened or sufficiently developed to effectively combat organized crime and drug trafficking and are barely able to conduct air and sea operations. Honduras has been the only country that has maintained a proportional distribution of its armed forces. However, security has been in the hands of a Judicial Police, supervised by the Public Ministry. The Honduran Judicial Police has been limited to exercising preventive police duties, prohibited from carrying out criminal investigations. Nicaragua, meanwhile, possesses a successful police force, socially recognized for maintaining satisfactory levels of security surpassing the Guatemalan and El Salvadoran police, which have not achieved similar results despite of having set up a civilian police force separate from the military. El Salvador meanwhile, has excelled in promoting a Police Academy and career professional education, even while not having military attachés in other countries. Regarding budgetary issues, the four countries allocate almost twice the amount of funding on their security budgets in comparison to what is allocated to their defense budgets. However, spending in both areas is low when taking into account each country's GDP as well as their high crime rates. Regional security challenges must be accompanied by a professionalization of the regional armies focused on protecting and defending borders. Therefore, strong institutional frameworks to support the fight against crime and drug trafficking are required. It will require the strengthening of customs, greater control of illicit arms trafficking, investment in education initiatives, creating employment opportunities and facilitating significant improvements in the judicial system, as well as its accessibility to the average citizen.

Trading Democracy for Security? The Effects of the International Drug War on the Quality of Democracy in the Dominican Republic, 1996 -2008

The purpose of the research is to study the relationship between international drug interdiction policies and domestic politics in fragile democracies, and to demonstrate how international drug control policies and the use of force fit the rhetoric of war, are legitimized by the principles of a just war, but may also cause collateral damage and negative unintended consequences. The method used is a case study of the Dominican Republic. The research has found that international drug control regimes, primarily led by the U.S. and narrowly focused on interdiction, have influenced an increasingly militarized approach to domestic law enforcement in the Dominican Republic. The collateral damage caused by militarized enforcement comes in the form of negative perceptions of citizen security, loss of respect for the rule of law and due process, and low levels of civil society development. The drug war has exposed the need for significant reform of the institutions charged with carrying out enforcement, the police force and the judicial system in particular. The dissertation concludes that the extent of drug trafficking in the Dominican Republic is beyond the scope of domestic reform efforts alone, but that the programs implemented do show some potential for future success. The dissertation also concludes that the framework of warfare is not the most appropriate for the international problems of drug traffic and abuse. A broader, multipronged approach should be considered by world policy makers in order to address all conditions that allow drugs to flourish without infringing upon democratic and civil rights in the process.

El problema de la iniciativa privada y la acción pública en los delitos sexuales (Bs. As., 1863 y 1921)

El presente trabajo propone problematizar las interpretaciones jurídicas en torno a la instancia privada así como a las posibilidades de actuación de la fiscalía una vez instada la acción en los delitos contra la honestidad. En este sentido, se busca mostrar cómo más allá del carácter "mixto" (combinación de instancia privada y acción pública) establecida por los códigos y sostenida por la doctrina, la cuestión se encontró controvertida en la práctica forense. Esta situación además, permite volver a debatir sobre los valores que entraron en juego a la hora de lidiar con estos crímenes, así como la pregunta sobre quién o quienes debían ser considerados víctimas de ellos así como explorar brevemente algunas relaciones entre derecho y género/sexualidad