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Laws, Volume 12, Issue 5

October 2023 - 11 articles

Cover Story: In this article we will highlight the significance of opinions in Romania, such that the conclusions represent a starting point for a future theory of this type of document. We considered types of opinions in some European states based on an analysis of the Constitutions of some European states to emphasize the importance that they give to opinions. The most important conclusion that emerges from our brief analysis is the need for distinct regulation of opinions through a very clear delimitation from the administrative act and administrative operations in future Administrative Procedure Codes. Considering an opinion to be a simple administrative operation will diminish its importance and turn it into a mere procedural formality. View this paper
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Articles (11)

  • Project Report
  • Open Access
2 Citations
5,382 Views
73 Pages

Report on Enforcing the Rights of Children in Migration

  • Warren Binford,
  • Michael Garcia Bochenek,
  • Pablo Ceriani Cernadas,
  • Emma Day,
  • Sarah Field,
  • Marci Hamilton,
  • Ton Liefaard,
  • Benyam Mezmur,
  • Fasil Mulatu and
  • Ann Skelton
  • + 4 authors

19 October 2023

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the...

  • Article
  • Open Access
5 Citations
4,224 Views
24 Pages

An Overview of the Portuguese Electronic Jurisdictional Administrative Procedure

  • António Mendes Oliveira,
  • Ricardo Lopes Dinis Pedro,
  • Pedro Miguel Alves Ribeiro Correia and
  • Fabrício Castagna Lunardi

17 October 2023

In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives...

  • Article
  • Open Access
1 Citations
2,582 Views
17 Pages

16 October 2023

Considered as being the main component element of the advisory procedure, an endorsement is an opinion that an administrative body requests from certain authorities and administrative structures, according to the subject matter of the regulation, to...

  • Article
  • Open Access
3,073 Views
14 Pages

29 September 2023

The new ECtHR decision in the case of Z. v. Croatia suggests that the rule of parental responsibility acquired ex lege is not always easy to implement in child abduction cases. The case primarily raised the question of determining whether the removal...

  • Article
  • Open Access
2 Citations
7,407 Views
21 Pages

28 September 2023

Nigeria is one of the top countries of China’s outward foreign direct investments in energy and power projects to meet the needs of China’s fast-growing energy-intensive industries. Following several risks faced by investors to invest in...

  • Article
  • Open Access
1 Citations
4,160 Views
21 Pages

20 September 2023

In American schools, conversations about violence prioritize direct violence, while indirect violence is virtually ignored. This current emphasis overlooks the structural violence deeply embedded in America’s social, political, and economic ins...

  • Article
  • Open Access
3 Citations
3,091 Views
20 Pages

19 September 2023

The need to protect victims of domestic violence is becoming increasingly more important in many States. The 1980 Hague Convention on international child abduction, which in principle requires the child’s return and apparently leaves little sco...

  • Article
  • Open Access
2 Citations
4,814 Views
19 Pages

12 September 2023

When a mother commits an international child abduction, even if she is fleeing domestic violence perpetrated by the left-behind father, she is bound to face complicated return proceedings under the 1980 Hague Child Abduction Convention. Such mothers...

  • Article
  • Open Access
7,875 Views
15 Pages

4 September 2023

Recently, there has been a greater focus on promoting amicable solutions in cross-border family disputes. Alternative dispute resolution methods such as mediation and conciliation have been used in Brazil to avoid lengthy legal proceedings and to res...

  • Article
  • Open Access
3,476 Views
10 Pages

28 August 2023

The paper addresses the interplay between the 1980 Child Abduction Convention and the Regulation (EU) 2019/1111, briefly presenting the main novelties contained in Chapter III of the Regulation devoted to international child abduction, and then focus...

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Laws - ISSN 2075-471X