Search

Begin New Search Topic Reform Political Geography Europe

121. Analysis of Constitutional Changes Concerning Justice

Author:
Valeria Klymenko and Hanna Pashkova
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
National Security and Defence
Institution:
Razumkov Centre
Abstract:
Independent judiciary is an essential attribute of a democratic government and an important factor in establishing the Rule of Law. Events of the late 2013 and early 2014 confirmed the presence of serious problems in the Ukrainian judiciary. Not only it was inable to resist the arbitrary rule but also condoned and encouraged manifestations of autocracy. This objectively angered the society, which was receptive to immediate measures aimed at restoring confidence in the judiciary and the right to a fair trial. As these measures failed to deliver tangible positive results, the judiciary remained disoriented and demoralised. The need to reform the constitutional basis of the functioning of the judiciary became apparent. The Constitutional Commission established by the President of Ukraine has developed draft amendments to the Constitution (concerning justice), which on 2 June 2016 were adopted by the Parliament. Implementation of constitutional changes through necessary regulatory mechanisms was translated into action by adoption of several important laws – “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On the Constitutional Court of Ukraine”, “On Agencies and Persons Performing Compulsory Enforcement of Court Decisions and Decisions of other Authorities”, and “On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine and other Legislative Acts”. The process of implementing amendments to the Constitution concerning justice and the status of the Constitutional Court implies introduction of their provisions and legal mechanisms in the practice of establishing the judiciary bodies, appointment of judges and improvements in legal proceedings based on the new framework. The Constitutional Court, in turn, should gain genuine social recognition and respect by improving important elements of its status through exemplary adherence to its constitutional powers. In these processes, it is vital to promptly identify problems linked to inadequacy and unconstitutionality of certain provisions of the above laws, as well as the means of their application. This analytical report and all the materials presented in this publication are part of these efforts.
Topic:
Law, Public Opinion, Reform, Constitution, Justice, and Judiciary
Political Geography:
Europe and Ukraine

122. Integrity on Trial: Judicial reform in Georgia, Ukraine and Moldova

Author:
Steven Blockmans, Nadejda Hriptievschi, Viacheslav Panasiuk, and Ekaterine Zguladze
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Under the terms of their Association Agreements with the EU, Georgia, Ukraine and Moldova are expected to strengthen the independence of the judiciary, establish zero tolerance of corruption in the legal profession, and reform legislation regarding prosecutors, judges and lawyers. The EU is keen to identify and build upon existing positive sources of resilience, as well as to track and respond to vulnerabilities with the mix of instruments and budgets at its disposal. It is taking a differentiated approach to improving relations with its neighbouring countries. In the case of Georgia, this raises the question of whether the radical overhaul of the Saakashvili-era reforms can withstand the corruptive practices of narrow-minded political and economic operators. In Ukraine, the challenge is how to prolong and channel the positive reform dynamic to firmly anchor institutional and procedural change in the justice sector. In Moldova, the issue is rather to insulate the pockets of successful reform while supporting drivers of change in their fight against illiberal forces. This study identifies innovations in the three associated states’ justice sectors. It analyses changes to both the ‘hardware’ of the justice system, i.e. the constitutional and institutional frameworks, and the ‘software’, i.e. the selection, appointment, promotion and disciplinary procedures and other means to fight corruption in the justice sector. It concludes with a review of existing court practice with the AA/DCFTAs. By doing so, the paper not only gauges national judges’ awareness about the need to enforce their country’s contractual obligations with the EU, it also offers insights into the degree of domestic courts’ openness to use international/European law to put an end to conflicting national rules and bad practices.
Topic:
Corruption, Reform, European Union, Rule of Law, and Judiciary
Political Geography:
Europe, Ukraine, Moldova, and Georgia

123. Briefing note focuses on the domestic political situation in Kosovo

Author:
Pranvera Tika
Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Briefing Note 50/2016 of ELIAMEP South-East Europe Programme focuses on the domestic political situation in Kosovo. It investigates the phenomenon of extreme polarisation between the government and the opposition in Pristina, which hampers the process of state building as well as the adoption of reforms and agreements considered necessary by the international community.
Topic:
Foreign Policy, Government, Reform, Domestic Politics, and Polarization
Political Geography:
Europe and Kosovo

124. The Impact of the Great War on the Spanish Army / El impacto de la Gran Guerra en el Ejército español

Author:
Alberto Guerrero
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The transcendental changes wrought during the Great War in military art aroused the interest of the Spanish military. But despite the eagerness to reform the military and politicians of the time, little was done at the end of the struggle to improve the organization of an army that maintained a structure more typical of the nineteenth century. In sum, the necessary technical reform was still not fully implemented, something that continued during the dictatorship of Primo de Rivera and the Republic, although during this time there was an attempt to diversify its organization.
Topic:
History, Reform, World War I, and Army
Political Geography:
Europe and Spain

125. Key Issues and Policy Recommendations, Conference 1

Author:
Philipp H. Fluri, Oleksiy Melnyk, and Nazli Yildirim
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the Key Issues and Policy Recommendations based on the results of the First International Conference “Monitoring Ukraine’s Security Governance Challenges: Status and Needs”. Conference One sought to examine and document challenges to the Ukrainian security sector, while explaining again the notion of the security sector governance and reform, along with such concepts as transparency and accountability, efficient and effective management, and the dangers posed to security by corruption.
Topic:
Security, Civil Society, Governance, Reform, Democracy, Media, Institutions, and Oversight
Political Geography:
Europe, Ukraine, and Eastern Europe

126. Monitoring Ukraine's Security Governance Challenges: Proceedings from the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices” 16-17 March 2016, Kyiv, Ukraine

Author:
Philipp Fluri, Oleksiy Melnyk, James Sherr, Oleksiy Melnyk, Mans Hanssen, Oleksandr Lytvynenko, Mykola Sungurovskiy, Simon Lunn, Claudia Micciche, Karina Priajina, and Nazli Yildirim Schierkolk
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This publication offers the proceedings of the Conference II "€Security Sector Governance: The Role of Democratic Institutions & International Best Practices"€. Following the Conference I findings, participants elaborated current challenges related to the role of democratic institutions in the Ukrainian Security Sector Governance and worked out solutions based on possible accommodation of best international practices in Ukrainian realities. This publication offers presentations of the key speakers and the summaries of the Working Group discussions. General assessments, conclusions and proposals are those of the participants and do not necessarily coincide with the positions of DCAF, the Razumkov Centre or the official position of the Ministry of Foreign Affairs of the Netherlands. Publication was made possible in the framework of the joint DCAF-Razumkov Centre Project "Monitoring Ukraine'€s Security Governance Challenges" sponsored by the Ministry of Foreign Affairs of the Netherlands.
Topic:
Security, Territorial Disputes, Reform, Conflict, and State
Political Geography:
Europe and Ukraine

127. Transparency and Rule of Law as Key Priorities for Armenia

Author:
Stepan Grigoryan and Hasmik Grigoryan
Publication Date:
03-2017
Content Type:
Working Paper
Institution:
Center for Transatlantic Relations
Abstract:
This paper is part of CTR's Working Paper Series: "Eastern Voices: Europe's East Faces an Unsettled West." With the growing tension between East and West, and with the rejection by Russia of common international rules, the question how the post-Soviet states should construct their foreign relations remains of utmost importance. Armenia, a landlocked country in the South Caucasus, has yet to accomplish its transition from socialism to democracy and market economy. Moreover, efforts along these lines have regressed, and the authorities do little to implement reforms or to establish a healthy system of checks and balances. In recent months the country has been overwhelmed by protests. The authorities neither address domestic problems nor satisfy protestor demands. Instead the Armenian government frequently resorts to disproportionate use of police forces against peaceful protestors. With political prisoners and hundreds of detained civil activists, journalists and politicians, it will be impossible to build an independent and prosperous country. Armenia has a rich history and culture, but at the same time it has experienced dark historical periods. The Armenian Genocide of 1915 and the unresolved Nagorno-Karabakh conflict shape Armenian identity. However, such historical issues have been instrumentalized by the Armenian government. Instead of building the future, Armenian authorities emphasize the past. Policies based on past grievances lead the Armenian government to become more and more dependent on Russia. Armenia needs to tackle corruption, falsified elections, a corrupt judiciary and many other problems -- and Western partners whose efforts are based on democratic values, free and fair elections, and respect towards human rights have a crucial role to play. This chapter offers background on Armenia's relations with various actors, historical matters that shape Armenian identity, and the failure and lack of will to improve the country's current situation. It then discusses the role of the West and its importance for Armenia. We seek to answer why Armenia slowed down its reform efforts, what the West needs to do to improve the situation in Armenia.
Topic:
Civil Society, Corruption, Genocide, International Cooperation, Reform, Political Prisoners, and Conflict
Political Geography:
Russia, Europe, Eastern Europe, Armenia, and European Union

128. Moldova: What it Should Expect from the West and What it Should Expect from Itself

Author:
Hans Martin Sieg
Publication Date:
03-2017
Content Type:
Working Paper
Institution:
Center for Transatlantic Relations
Abstract:
This paper is part of CTR's Working Paper Series: "Eastern Voices: Europe's East Faces an Unsettled West." Since Moldova's November 2014 election, the country's image has changed drastically from the “success story” of the EU´s Eastern Partnership to that of a “captured state.” Moldova's politics continue to be defined by corruption and vested interests, which take advantage of weak state institutions and public administration, an ineffective judiciary and law enforcement agencies. This environment has enabled hostile takeovers of financial companies, often through concealed offshore operations, for criminal purposes, money-laundering schemes and a spectacular banking fraud, which was uncovered in autumn 2014. Low incomes have prompted hundreds of thousands of Moldovans to leave the country in search of a better life. Rivalries for political power, control over institutions, and economic assets have generated growing crises within different ruling coalitions, resulting in rapid changeover in governments, the break-up of major political parties and the formation of new parliamentary majorities with precarious democratic legitimacy. All of these factors have subjected Moldova to an unrelenting series of governmental, economic, financial and social crises since early 2015. The deeper causes of these crises can be traced to much earlier developments, however, and are deeply rooted in local structures.
Topic:
International Relations, Corruption, Development, Economics, Reform, Elections, and Geopolitics
Political Geography:
Russia, Europe, Moldova, and European Union

129. Progressive reforms for rebalancing the eurozone

Author:
Manuel de la Rocha Vàzquez
Publication Date:
11-2017
Content Type:
Policy Brief
Institution:
Fundación Alternativas
Abstract:
Completing, deepening and rebalancing the Economic and Monetary Union is perhaps the most crucial point of the dense European policy agenda. For social democrats, reforms of the Eurozone cannot aim exclusively at stabilising financial and sovereign markets or introducing more fiscal Discipline. From a progressive perspective, the main objective of reforming the Economic and Monetary Union is to address the problems of low growth and high unemployment, lack of social convergence and the democratic deficit. The authors present some crucial elements for a reform inspired by progressive values; they advocate for a fully-fledged Banking Union, a Convergence Code, a real Social Dimension and a Fiscal Capacity which includes both a stabilisation and an investment function.
Topic:
Reform and Brexit
Political Geography:
Europe

130. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa