The aim of this article is to describe the mechanism of codification in a civil law jurisdiction. The case study will be based on the Italian system. The history and developments of the Italian codification will also be described here. |
Article |
Codification in a Civil Law Jurisdiction: An Italian Perspective |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | civil law jurisdictions, codification, consolidation, legislative drafting, judicial review |
Authors | Enrico Albanesi |
AbstractAuthor's information |
Article |
Time for a Code: Reform of Sentencing Law in England and Wales |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | Law Commission, codification, consolidation, consultation, criminal procedure |
Authors | Harry O’Sullivan and David Ormerod |
AbstractAuthor's information |
The Law Commission of England and Wales is currently working to produce a New Sentencing Code that will seek to remedy problems with one of the most heavily used and unsatisfactory areas of statutory law. It responds to the problems of complexity and inaccessibility in the current sentencing legislation, and more fundamentally in the process by which sentencing legislation is created and implemented. The aim is to introduce the new Code as a consolidation Bill in 2018 with a view to it being in force from early 2019. This article provides an overview of the problems endemic to the current law and how the Commission envisages that the new Sentencing Code will provide not only a remedy, but a lasting one. |
Article |
The Reform and Harmonization of Commercial Laws in the East African Community |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | law reform, harmonization of laws, commercial laws, legal transplants, East African Community |
Authors | Agasha Mugasha |
AbstractAuthor's information |
The partner states in the East African Community (EAC) have modernized their commercial laws to claim their post-colonial identity and facilitate development. While law reform and the harmonization of laws are both methods of shaping laws, the national law reform programmes in the EAC mainly aim to ensure that the laws reflect the domestic socioeconomic circumstances, in contrast to the harmonization of national commercial laws, which focuses on the attainment of economic development. This article observes that the reformed and harmonized commercial laws in the EAC are mainly legal transplants of the principles of transnational commercial law that have been adapted to meet domestic needs and aspirations. |
Book Review |
Book review |
Journal | European Journal of Law Reform, Issue 3 2017 |
Authors | Ulrich Karpen |
Author's information |
Article |
French Constitution, Droit Administratif and the Civil Code |
Journal | European Journal of Law Reform, Issue 3 2017 |
Keywords | Droit Administratif, Civil Code, Conseil d’État, public order |
Authors | Zia Akhtar |
AbstractAuthor's information |
Droit Administratif in France is a separate branch of law that exists in parallel to the civil and criminal law. The law has been developed from the concept of separation of powers that is ingrained in the French constitution. Its concepts derive from the Code civil that is implemented in France since its inception in the Napoleonic era and this has undergone reform that has made the role of the judges more interventionist. The highest administrative court is the Conseil d’État, which is at the apex of the machinery of administrative courts that are an important part of public law’s discourse and there is a hierarchy of courts that consider appeals and regulate the norms of conduct of state officials towards the citizens. The judges receive induction and training before taking on the role of occupation and that has been inculcated in the French administrative court judges. This article looks at the separate system of administrative law and its success in preserving the necessary checks and balances in the constitution, which it is intended to protect. This is an examination of the developing concept of French justice, the doctrine of separation of powers and civil procedural changes that enable the grievance of citizens against officials to be heard more expeditiously. |
Article |
Non-Legal Considerations in the Reasoning of the European Court of Human Rights |
Journal | European Journal of Law Reform, Issue 3 2017 |
Keywords | ECHR, Convention, human rights, subsidiarity, pretence |
Authors | Kacper Zajac |
AbstractAuthor's information |
This article discusses the role of non-legal considerations in the judgments of the European Court of Human Rights. First, it considers what legal instruments are available to the Court in interpreting the Convention Rights and why such instruments came to being in the first place. Second, the article identifies what types of non-legal considerations are taken into account by the Court and what impact they have on the Court’s decision-making process. The article argues that the Court pays considerable attention to such considerations and, in certain circumstances, it deploys available legal instruments, such as the margin of appreciation doctrine or fair balance test, to give those non-legal considerations a legal pretence. The article concludes that the importance of the non-legal factors in the decision-making process can be attributed to the vulnerable position of the European Court of Human Rights vis-à-vis the contracting states. |
Article |
Consultations, Citizen Narratives and Evidence-Based RegulationThe Strange Case of the Consultation on the Collaborative Economy |
Journal | European Journal of Law Reform, Issue 1-2 2017 |
Keywords | Better Regulation, consultations, evidence-based lawmaking, sharing economy, narratives |
Authors | Sofia Ranchordás |
AbstractAuthor's information |
The 2015 Better Regulation Communication advocates an evidence-based approach to regulation, which includes better consultations and broader civic engagement. In this article, I consider the recent EU public consultation on the regulatory environment of online platforms and the collaborative economy. I enquire in this context whether citizens were seriously regarded as evidence providers and how their knowledge that materialized in individual narratives could contribute to more legitimate and thus better regulation. I argue that an evidence-based approach to regulation should also include citizen narratives as they can provide first-hand and diverse perspectives, which might not be considered in standard consultation questions. I contend that citizen narratives can be particularly useful in complex and rapidly evolving fields where there is still little empirical evidence and where participants are likely to have diverse personal experiences. Drawing on the literature on narratives, I contend that this method of collecting information can help regulators identify new problems and structure solutions in rapidly changing and diverse regulatory fields such as the collaborative economy. |