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The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state's obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant's mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual's request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system's a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime. [ABSTRACT FROM AUTHOR]

The present paper aims to investigate prisoners' rights to use and access the Internet, focusing on the jurisprudence of the European Court of Human Rights (ECtHR). The study's principal objective is to assess the fundamental rights aspects of Internet access, particularly within the context of relevant EU legislation, and to interpret how the digital divide impacts prisoners. The study primarily relies on a thorough review of pertinent literature and legal materials, and it incorporates case studies from Estonia, Lithuania and Türkiye to contextualize the literature findings within specific legal jurisdictions. The research findings suggest that prisoners' Internet access should be evaluated in accordance with fundamental rights, including Article 10 of the European Convention on Human Rights. Regarding the digital divide, the study concludes that limiting prisoners' access to the Internet could exacerbate the already existing societal gap, potentially hindering their reintegration into society. The particular focus on the above three countries stems from the fact that as per the precedent of the ECtHR, only four countries are involved in cases concerning restriction of access to the Internet (Estonia, Lithuania, Türkiye and Russia); however, Russia ceased to be a party of the European Convention on Human Rights, so analyzing the future of the issue of Internet acces there is highly limited. Our research contributes significantly to the literature on the digital divide, particularly in terms of its legal implications. The study's comprehensive approach, which integrates both theoretical and practical aspects, is beneficial for domestic legal professionals and researchers engaged in interdisciplinary investigations of EU law and fundamental rights. [ABSTRACT FROM AUTHOR]

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The issue of sexual violence that this article was tasked to deal with is neither new nor devoid of a regulating legislative framework. Moreover, a number of scientists from diff erent countries and institutions of the world have devoted their works to the topic under discussion, which has repeatedly been subjected to discussions in the European Court of Human Rights, International Criminal Court, and ad hoc tribunals. However, this article aspires to analyze the normative framework for the regulation of sexual violence in line with Article 36 of the Istanbul Convention in Germany and Georgia after the ratifi cation of the Convention in the last decade. The main focus of the study is the contentious interpretation of consent in sexual off ences. Due to the inevitable legislation reforms concerning sexual violence, this academic work examines new trends on regulating this issue in Western countries, especially in Germany, considering the historical ties of Georgian Criminal Code to German law. The article discusses sexual violence in general, providing a brief review of sexual violence legislation, where it is mainly presented by considering the international legal framework. Sexual violence and other sexual off ences according to Georgian and German criminal codes are presented in general terms and in a comparative manner. The article also explains rape in the light of its re-conceptualization, encompassing an analysis on sexual violence, including rape, especially in relation to consent. This, in turn, can prompt amendments to Georgian Criminal Code on the related issue, which currently does not comply with the standards on interpreting sexual violence, established by the Istanbul Convention and other important related international acts. [ABSTRACT FROM AUTHOR]

Disputes on property rights date back to the ancient times. Having undergone extensive development, the right to property can be protected through a vindication claim and actio negatoria which are the most common of the private legal means of protecting property rights within the domestic judicial proceedings in Georgia. Within the Council of Europe, "existing property" and legitimate expectations to acquire an asset are safeguarded by Article 1 of Protocol No. 1 to the European Convention on Human Rights, which enjoys supremacy over domestic legislation, including the country's Constitution. The European Court of Human Rights differentiates between three rules on how protection of property is represented under this provision and interprets the state's positive obligations in securing property rights, including through investigation. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica de Castilla y León is the property of Junta de Castilla y Leon, Direccion de Servicios Juridicos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Opole Studies in Administration & Law (OSAO) / Opolskie Studia Administracyjno-Prawne (OSAP) is the property of University of Opole / Uniwersytet Opolski and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present study had as its starting point a recent decision of the European Court of Human Rights pronounced under Article 39 of the Court Regulation1 on a request to adopt a provisional measure, formulated by a Romanian citizen. This decision represents an opportunity to reflect not only on the vision of the European Court of Human Rights regarding the strictness of adopting some measures to prevent the risk of subjecting a person to ill-treatment, but also in relation to the institution of the European arrest warrant, in particular, with the possibility of removing its immediate effects based on the protection provided by Article 3 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and Article 4 of the Charter of Fundamental Rights of the European Union. [ABSTRACT FROM AUTHOR]

This article analyses the development and the role of the 'principle of rehabilitation' in the European Court of Human Rights' caselaw on prisoner rights. It will be demonstrated that, outside of the context of whole-life sentences, the impact of the principle on the Court's reasoning process has been relatively limited, despite increasing reference by the Court to the growing importance of the principle. Further, that the Court allowing the pursuit of rehabilitation to be used as justification for interferences with other Convention rights within its caselaw undermines the link made by the Court between rehabilitation and human dignity. Finally, it is argued that a conception of rehabilitation that is underpinned by human dignity requires recognition of a positive duty on states to provide access to appropriate rehabilitative treatment for all prisoners. [ABSTRACT FROM AUTHOR]

This article reconstructs a Received View of the right to marry in the European Convention on Human Rights and provides its philosophical interpretation. According to the Received View, the right to marry is a right to a legal institution of marriage. Recent case law from the European Court of Human Rights is analysed, with a focus on the protection and recognition of personal relationships under the law. According to the Fedotova case, the rights pertaining to the protection of conjugal relationships stem from the right to family life. The problem of non-distinctiveness of the right to marry is being discussed. If substantial rights protecting conjugal couples stem from the right to family life, then the right to marry does not offer any additional protection for the couple. The Received View addresses this issue. However, it is politically and morally unjust. [ABSTRACT FROM AUTHOR]

Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Amidst the complex landscape of human rights, vulnerability has emerged as a critical concept in the protection of minority groups. Though the European Court of Human Rights integrates multifaceted dimensions of vulnerability within its jurisprudence, a deeper examination reveals troubling inconsistencies in cases related to discrimination against minority groups. Discrimination often perpetuates historical biases and societal norms that marginalize certain communities, and the Court's current approach intermittently falls short of addressing these deeply entrenched issues. Whilst the Court does employ the concept of vulnerability to highlight states' affirmative obligations and grave violations, it does so inconsistently, neglecting to thoroughly explore economic disparities, social origins, or cultural biases that could contribute to vulnerability. This inconsistent treatment of certain aspects of vulnerability may unintentionally perpetuate unequal treatment, further entrenching systemic discrimination. The selective use of the vulnerability concept hints at a more profound challenge that confronts the Court in safeguarding human rights. If the Court address specific dimensions of vulnerability, does it leave other marginalized groups without adequate legal recourse or protection, therefore exacerbating the systemic injustices that persist in European societies? This paper examines two principal aspects: the first focuses on the place of establishing a legal definition of vulnerability; the second debates the role of the European Court of Human Rights' practices in establishing criteria's of vulnerability. The paper aims to underline the evolution of the Strasbourg judges in incorporating vulnerability into their jurisprudence and explore how, despite an initially cautious approach, the Court has developed a varied and multifaceted use of the concept. [ABSTRACT FROM AUTHOR]

Suppose that a defendant's conviction would amount to an interference with their right to peaceful protest, protected by articles 10 and 11 of the European Convention on Human Rights. Is a court then obliged to make a conviction turn on a fact-sensitive proportionality assessment justifying the interference? Drawing on the jurisprudence of the domestic and Strasbourg courts, this article argues that the case law has crystallised into two paradigms that provide distinct answers: the 'justificatory paradigm' in European human rights law and the 'offence-centric' paradigm in domestic law. The article exposes how and why this divergence has developed, what is at stake at the level of constitutional values and how this conflict might be resolved. It is argued that compliance with Strasbourg now depends on the integration of the justificatory paradigm into domestic law. The article imagines how this might be done in a manner sensitive to domestic constitutional values, using the mechanics on offer in the Human Rights Act 1998. [ABSTRACT FROM AUTHOR]

Former ECtHR Vice-President Prof. Dr. Angelika Nußberger and current ECtHR Judge Dr. Kateřina Šimáčková discuss judges’ responsibility to provide relief to applicants. Focal points are recent procedural reforms affecting access to justice, the extensive yet often overlooked judicial work that does not result in published decisions, the persistent challenge of achieving gender balance on the bench, and their own personal legacies.

In the Religious Movement Advisory Opinion, the European Court of Human Rights established detailed risk and proportionality assessment criteria that deviate from its previous case law in individual applications. The Court thus seems eager to embrace its standard-setting role and the spirit of dialogue inherent in the advisory opinion procedure, indicating some potential for resilience in rights interpretation within this sensitive context.

The purpose of this paper is to stimulate reflection on the use and significance of anonymous witness statements in the practice of the European Court of Human Rights. The analysis of selected leading cases in this area will provide an overview of the development of European judicial practice regarding the fact that the right of the defense is seriously compromised when such statements are accepted in criminal proceedings. A significant number of judgments represent a setback, particularly concerning the realization of the right to confrontation, which is characteristic of cases involving statements from anonymous witnesses. In such cases, the question arises as to what counterbalancing mechanisms could compensate for the denial of the accused’s rights when the identity of the individual providing incriminating statements is concealed. The statements of anonymous witnesses have, in a way, influenced the practice of the European Court of Human Rights regarding the establishment of a legal standard that has gradually taken on the role of a corrective mechanism, maintaining the balance between opposing parties. The question is whether such a corrective mechanism for the procedural protection of anonymous witnesses can preserve the interests of both sides.

In a recent decision on the merits in M.A. and Others v. France, the ECtHR held that French legislation criminalizing the purchase of sexual acts did not violate the rights of 261 sex workers. The decision retreats into the Court’s traditional interpretative toolbox of European consensus and (procedural) margin of appreciation. I argue that the ECtHR decision does not only demonstrate blindness towards the rising sensitivity towards intersectional grounds of discrimination in human rights law but also contradicts recent proposals on “a human rights-based approach to sex work” promoted by several UN organs and the Council of Europe’s Commissioner for Human Rights.

This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements—an “act,” a “means,” and a “purpose” of exploitation—but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of “trafficking” aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done.

The article analyses the criminal procedural consequences which will occur under the current Criminal Procedure Code of Ukraine if the court returns an indictment to the prosecutor. Based on a comparison of the provisions of the Criminal Procedure Code of Ukraine of 1960 and the current Criminal Procedure Code of Ukraine, it has been established that the current consequences of returning an indictment by a court are different from those which existed when a case was returned for additional investigation under Article 246 of the Criminal Procedure Code of Ukraine of 1960 by a judge's decision. It has been argued that no practical attempts should be made, contrary to the provisions of the current Criminal Procedure Code of Ukraine, to impose on the existing (albeit not perfect) procedural procedure for the prosecutor to eliminate the deficiencies of the indictment, the features of additional investigation which are not inherent to it. It has been determined that the return to the prosecutor of an indictment or a petition for the application of compulsory medical or educational measures due to the fact that they do not meet the requirements of paragraph 3 of Part 3 of Article 314 of the Criminal Procedure Code of Ukraine does not resume the pre-trial investigation, nor does it restore the course of its term. It has been proved that after returning the said procedural documents to the prosecutor, the prosecution should act without unreasonable delays and should not conduct new investigative (search) actions or other actions related to the collection of evidence. Such a return does not exclude the possibility of the prosecutor performing certain procedural actions which are of an organisational nature or are necessary to ensure the execution of a court order and to correct the deficiencies of an indictment, or a request for the application of compulsory medical or educational measures. It has been argued that a prosecutor may not, by abusing his/her rights (powers), i.e. contrary to the scope and procedure for exercising his/her discretionary powers, use the return of the above documents to actually continue the pre-trial investigation and eliminate its shortcomings. It has been concluded that in case of the opposite development of events, due to the commission of a criminal procedural offence by the prosecutor, there will be grounds for criminal procedural consequences, for example, the court's declaring the evidence inadmissible or those provided for in paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine.

The article focuses on the fact that abuse of law is not only an urgent problem of modern legal science, but also one of the most complex and important issues to be addressed. This phenomenon is becoming aggressive and global, negatively affecting the processes of democratisation and consolidation of statehood. The prevalence of cases of abuse of law can slow down the development of society, violating the acquired norms and values. It is important to understand that achieving stability in social relations and their further development is impossible without taking into account the specifics of this legal phenomenon. Abuse of law not only violates the basic principles of law, but also poses a significant threat to the development of the rule of law and the determination of its future course. The particularities of the use of the term “abuse” in international law are determined. It is noted that the European Court of Human Rights considers that this concept should be understood in its ordinary meaning, namely, as the fact of exercise of a right by a subject of law outside its intended purpose in a manner which causes prejudicial damage. The author identifies the approaches to understanding the abuse of law which are used by the European Court of Human Rights in its work. It is noted that in addition to the Convention for the Protection of Human Rights and Fundamental Freedoms, the provisions defining the basis for preventing abuse of law at the international (supranational) level are also contained in the International Covenant on Civil and Political Rights, the American Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The author examines a number of judgments of the European Court of Human Rights in which cases of abuse of law occurred. The author defines the role of the state in cases of abuse of law. The main features inherent in the abuse of law are outlined. Attention is paid to the fact that in addition to the positive components of preventing abuse of law, this activity also has negative consequences. The importance of preventing abuse of law is emphasised, subject to the obligatory observance of the principles of fairness, transparency and consideration of individual rights and freedoms of subjects. Ensuring a balance between the protection of rights and prevention of their abuse is an important task for the effective work of the European Court of Human Rights.

International courts face growing contestations to their authority. Scholars have conceptualized the forms and grounds of such resistance as well as the response of international courts. Much empirical research has focused on regional courts with human rights mandates. Yet, in focusing on overt resistance, not differentiating between authoritarian and democratic regimes, and depicting courts at the receiving end of resistance, scholarship does not account for discrete forms of resistance tolerated and enabled by courts. In addition, studies on the European Court of Human Rights (ECtHR) base their analyses exclusively on judgments, which constitute a mere 9 per cent of this Court's jurisprudence. This methodological bias, combined with a time frame limited to the post-2010s when the ECtHR has faced public contestations to its authority, have led to inaccurate and incomplete conclusions regarding the Strasbourg Court's response to backlash and illiberalism. This article calls for a goal-orientated conceptualization of resistance and a methodology that analyses the ECtHR's non-judgment jurisprudence in its entirety to reach accurate conclusions on its response to authoritarianism. Based on an in-depth and contextual analysis of the ECtHR-Turkey case, the article puts forth empirically grounded insights on authoritarian resistance and judicial complicity. It argues that authoritarian regimes seek to lessen international courts' oversight of their policies, not to undermine the authority of these courts as such, and that international courts are not always resilient vis-à-vis authoritarian resistance but can also be complicit with it. The forms of authoritarian resistance and judicial response depend on the institutional set-up of the human rights regime in question as well as the ways in which international courts exercise their review powers. The two phenomena influence and reinforce each other, resulting in the simultaneous or consecutive occurrence of various forms of authoritarian resistance and judicial response depending on the particular political context in which they interact. [ABSTRACT FROM AUTHOR]

This paper focuses on the recent cases of the European Court of Human Rights (the ECtHR, the Court) in which the Court offered legal protection to vulnerable groups. For this purpose, the paper will first discuss the vulnerability paradigm before the ECtHR and draw the list of groups recognised by the Court as vulnerable. It will then turn to the case law to trace the recent trends and developments in the Court's focus when protecting vulnerable groups. In particular, the research covers the Court judgements rendered in the last four years (from 1 January 2019 to 31 December 2022). [ABSTRACT FROM AUTHOR]

The externalization of migration control undermines the protection of victims of trafficking in human beings. Pushbacks and pullbacks at sea, as well as simplified or accelerated identification procedures, exacerbate the risk of trafficking and retrafficking and prevent victims from accessing the protection to which they may be entitled in European States. In this scenario, the European Court of Human Rights can play a crucial role among international bodies and courts in ensuring effective remedies for victims in case of repatriation to their countries of origin and transit. This study examines the applicability of the prohibition of slavery, servitude and forced labour enshrined in Article 4 of the European Convention on Human Rights—whose scope now undisputedly includes trafficking in human beings—in the context of the externalization of migration control. It demonstrates that litigating unlawful refoulements under Article 4 ECHR might be very worthwhile to raise awareness of migration-related risks for victims, to strengthen the legal framework of positive obligations in trafficking cases, and to ascertain violations of anti-trafficking international obligations by European States. [ABSTRACT FROM AUTHOR]

This paper purports to extend the concept of constructive refoulement in the context of externalised migration policies. This concept has been recognised in jurisprudence at the domestic, regional and international levels, and has developed through State practice as well as the practice of regional and international organisations. In the externalisation of migration policies, constructive refoulement becomes evident in both visible and invisible prisons: the United States-Mexico partnership in the Southern Border Programme creates a situation where asylum seekers eventually abandon the hope of continuing their asylum procedures and reluctantly return to other places. The Australian offshore asylum processing system, which has been remodelled by the UK, adopts the kyriarchical system where asylum seekers themselves control their self-return to their country of origin as a result of a combined situation of severe discipline and hatred between officials and inmates as well as between the inmates themselves. Meanwhile, the EU's Reception Conditions Directive scheme incorporates migrants in a planned destitution scenario where they are forced to choose to leave Europe due to poor socio-economic conditions. The Japanese combination of karihomen and kanrisochi also creates a planned destitute environment which compels asylum seekers themselves to seek their return by depriving them of their basic needs. Such governmentality of internalising externalisation by the Global North must be critically assessed in terms of the developing concept of constructive refoulement implied under international refugee and human rights law. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the supranational nature of the decisions of international judicial institutions. Throughout history, and especially since the second half of the twentieth century, the role of courts has gone beyond national borders. The result of this was the formation of judicial mechanisms that direct their decisions across international borders and supposedly have a higher legal force than the decisions of the courts of individual countries. Among these: the International Court of Justice of the United Nations (decides, in accordance with international law, legal disputes of states referred to it by member states and some neutral parties, and also provides advisory opinions on legal issues referred to it by international organizations), the European Court of Justice on human rights (allows individuals, groups of individuals or nongovernmental organizations to submit complaints against a European state to a judicial body after they have been refused satisfaction in their national courts), the International Criminal Court (competes to prosecute persons responsible for war crimes, genocide and crimes against humanity), the Court of Justice of the European Union (created a form of decentralized sanctions against non-compliant member states). At the same time, the supranational nature of the decisions of modern international judicial institutions is marked by conditionality: the International Court of Justice of the United Nations can consider a dispute between states only if the respective states have the right to participate in the consideration of the case in court. States can obtain such authority by becoming parties to the Statute of the Court through UN membership or by complying with certain conditions; the implementation of decisions of the European Court of Human Rights is not supported by a strict system of coercion, but is based on voluntary consent to their implementation, which does not always happen; the decision of the International Criminal Court is binding only for those states that have officially expressed their consent to the binding nature of the provisions of the Rome Statute; The Court of Justice of the European Union can only interpret the main treaties and has no authority to interpret national constitutions. [ABSTRACT FROM AUTHOR]

The article provides a legal characterization of the prosecutor's participation in cases of administrative offenses when applying coercive measures related to the restriction of personal freedom of citizens. The author analyzes the legislation on administrative offenses with the relevant conclusions about the categories of cases which cannot be considered without the participation of the prosecutor. The author focuses on attention is focused on the fact that departmental acts of the Office of the Prosecutor General of Ukraine provide for mandatory participation of prosecutors in cases of administrative offenses in case of application of coercive measures related to the restriction of personal freedom of citizens. We have drawn parallels between the direct participation of a prosecutor in in the consideration of an administrative offense case and prosecutorial supervision of the relevant authorities that consider cases and apply measures of for administrative offenses. The author emphasizes that prosecutorial supervision over the observance of laws in administrative offense cases can be divided into two categories: direct participation in the consideration of of an administrative offense; supervision of the relevant bodies which that consider cases and apply measures of influence for administrative offenses. Differentiated coercive measures related to the restriction of personal freedom of citizens applied in cases of administrative offenses. In particular: the type of administrative penalty provided for in Article 24 of the Code of Ukraine on Administrative Offenses (hereinafter - the CUAO) (e.g, administrative arrest, arrest with detention in the brig); measure Ensuring proceedings in cases of administrative offenses, provided for in Article 260 of the Code of Administrative Offenses (e.g., administrative detention). The article also analyzes the conclusions of the European Court of Human Rights regarding the observance of the principle of impartiality in the absence of a prosecutor during the administrative offenses, etc. [ABSTRACT FROM AUTHOR]

The obligation of states in accordance with the Convention on the Civil and Legal Aspects of International Child Abduction to carry out the immediate return of the child is not always effectively implemented due to the procedural defects of the Convention [1], which is confirmed by the practice of its application at the international level. Based on the analysis of the rulings of the European Court of Human Rights, some procedural gaps of the Hague Convention of 1980 [4] are investigated and ways to solve them are proposed. Today, in the conditions of war, solving the issue of child abduction is an urgent necessity not only in Ukraine, but in many European countries. Every year, the statistics of child abduction crimes are increasing in all countries of the world. The issue of non-implementation of foreign court decisions by countries is one of the biggest problems today. In order to fulfill the obligations imposed by the Convention of 1980, the states are obliged to create competent bodies and adopt legislation corresponding to the norms of the Convention. Actualization of children’s rights in the modern world is becoming one of the key tasks of every country. Application of international documents regulating procedural issues of cross-border child abduction in the countries of the European Union as an example for other countries. Regulation of the situation that provoked the international abduction of children also by the norms of international procedural law as an additional set of measures aimed at the fastest return of the child to his usual life, a simplified and shortened procedure for obtaining the status quo. There is an exclusive opinion in the world that in the absence of crimes related to the abduction or trafficking of children, relations regarding the return of children should be regulated only at the international level by concluding international treaties. [ABSTRACT FROM AUTHOR]

Background: Extremism poses a cross-border social problem, lacking a universally accepted definition. In principle, so-called hate crimes are specific types of criminal offences that cut across all types of extremism. We can even talk about their conceptual overlap. A special category of hate crimes is represented by so-called verbal attacks, known as hate speech, which are considered an abuse of freedom of expression from an international perspective as well as in jurisprudence of the European Court on Human Rights. As a result of such a perception, their criminal sanction comes into consideration. In accordance with the principle of subsidiarity of criminal law repression, another method of sanctioning hate crimes and hate speech is also possible, namely by administrative law. The existence of “multiple legal regulations” on extremism as delict caused a dual sanctioning system of extremism. It leads to application problems in legal practice, for example, an unclear understanding of offences from criminal and administrative perspectives or even the weak possibility of investigating such acts by State power. The main objective of the contribution is to point out the dual legal regulation (criminal and administrative) of the sanctioning of extremism, in particular its special category – hate crimes and hate speech. Moreover, the objective of the contribution is to assess its unclear issues in legal understanding and to identify specific application problems caused by its dual system (criminal and administrative). Special attention is focused on applicable sanctions in both the criminal law area and administrative law areas. At the end, suggestions on how to solve indicated problems are introduced. Methods: The primary sources used for the elaboration of the contribution are scholarly sources (books, studies, scientific papers, etc.), legislative instruments (national and international legislation) and case law (of Slovak national courts and the European Court of Human Rights and the Court of Justice of the European Union). The authors use traditional methods of legal scientific (jurisprudential) research – general scientific methods and special methods of legal science (jurisprudence). The general scientific methods used in the paper are predominantly logical methods, namely, the method of analysis, the method of synthesis, the method of analogy, and the descriptive method. The descriptive method has been used to familiarise the reader with the current legal regulation of extremism. The method of analysis has been used regarding relevant legal provisions and case-laws of courts. The method of synthesis has also been used. The special methods of legal science used here predominantly include methods belonging to a group of interpretative methods, namely, the teleological method, the systematic method and the comparative method. The teleological method has been used to explain the purpose of legislative instruments. The systematic method has been used to classify the relevant applicable law. The comparative method has been used to examine the relationship between legislative perspectives – criminal and administrative. Results and Conclusions: Regarding extremism offences committed in the Slovak Republic, in specific cases, the decision making whether the committed offence is criminal or of an administrative nature depends on the attitude of the person who committed it. In the Slovak Republic, legislative amendments are intended to address the area of extremism offences, but they have not been introduced as final. A new legal regulation of the administrative offences of extremism is envisaged in terms of their definition. A new sanctioning policy of extremism administrative offences by juvenile offenders is also expected. Moreover, the application of probation in case of offences committed by juvenile delinquents in the area of extremism is recommended and preferred. It would highlight the importance of restorative justice, including its strengthening. Probation would allow the court, when sanctioning extremism in the criminal law area, to create a so-called tailor-made sanction, which would strengthen the individualisation of the sanction, the educational purpose of the sanction and the achievement of both the purpose of the sanction and the purpose of the Criminal Code, which is to protect society from criminal offences and their perpetrators. Even the Constitutional Court of the Slovak Republic partially examined the modification of the elements of criminal offences of extremism. [ABSTRACT FROM AUTHOR]

Background: To respect international cooperation, human rights and legal certainty, it is possible to recognise the legal effects of foreign judicial decisions in another state, provided that the procedure for recognising a foreign judicial decision takes place and that such court decision fulfils the requirements set by local legislation. Recognition, as a concept, entails acknowledging the rights and obligations established in the originating jurisdictions and accepting juridical consequences. Enforcement, on the other hand, means fulfilling the obligation, allowing the creditor to realise his/her right and to ensure that the debtor has obligations and obeys the decisions that have already been made. International collaboration should facilitate the codification of Kosovo's legal framework on private international law, allowing for the recognition and enforcement of foreign decisions to be less complicated, more extensive, and more easily applicable. In comparison to prior solutions, the new law makes significant adjustments. Previous norms are being abandoned in favour of open links and jurisdictional criteria. Some prior solutions are preserved and, if necessary, changed and improved. Methods: The doctrinal approach involves the systematic identification, collection, and application of legal literature within the domain, encompassing statutes, texts, articles, and scholarly research by both local and international authorities. Additionally, the method involves a meticulous analysis of judicial practices, evaluating the practical implementation of legal standards and their judicial interpretations. Through examining legislation, our approach not only identifies legal issues but also furnishes a scholarly interpretation of the laws governing the field of study and its related institutions. Results and conclusions: Kosovo, as a relatively new state, has established a legislative framework through which it attempts to address problems and the path that must be taken in the implementation of foreign judgments. In general, the goal of having a democratic and well-developed society also means respecting the rights and decisions of foreign citizens, the rights that originate from the judicial decisions of international courts and the internationally accepted conventions. The harmonisation of the legislation and its compliance with ECHR conventions creates real opportunities for Kosovo to be ranked among the countries that respect these decisions. The legal system of Kosovo, as well as decisions made by the Constitutional Court, have produced results that can be used to influence future cases. The codification of private international law in Kosovo means that numerous circumstances will now have a legal basis for implementing foreign decisions. [ABSTRACT FROM AUTHOR]

Copyright of Central European Public Administration Review is the property of University of Ljubljana, Faculty of Public Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)