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Keywords = law clerks

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17 pages, 256 KB  
Article
Mediation in Criminal Matters: A Perspective from Kosovo
by Flutura Tahiraj and Emine Abdyli
Laws 2024, 13(4), 39; https://doi.org/10.3390/laws13040039 - 21 Jun 2024
Viewed by 3027
Abstract
As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researchers in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed [...] Read more.
As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researchers in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed through several recommendations and non-binding guidelines. However, there is limited empirical research on how mediation in criminal matters is being implemented in the contexts of developing countries in south-eastern Europe. Hence, the purpose of this qualitative study is to assess mediation in criminal matters in Kosovo by exploring how the main stakeholders describe the legal basis and implementation process and what it indicates for future practices. The data were gathered through 11 semi-structured interviews with judges, prosecutors, mediation clerks, and mediators. Results show that laws and other guidelines that have been introduced since 2008 constitute a solid legal ground that facilitates mediation in criminal matters. The stakeholders are well aware of the benefits mediation brings and express their willingness to advance its application to criminal matters. Results also indicate uncertainty among judges and prosecutors regarding the assessment and referral of certain criminal offences to mediation. To address it, specialized trainings, exchange programs, and continuous monitoring and evaluation of the process could be supportive. Full article
23 pages, 671 KB  
Article
Case Selection in the Russian Constitutional Court: The Role of Legal Assistants
by Aryna Dzmitryieva
Laws 2017, 6(3), 12; https://doi.org/10.3390/laws6030012 - 15 Aug 2017
Cited by 1 | Viewed by 7409
Abstract
Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of [...] Read more.
Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of the Russian Constitutional Court in the case selection process. The Russian Constitutional Court receives about twenty thousand petitions annually. Nevertheless, only dozens of them are decided on their merits by judges. Through the description of the case movement process we show that the Secretariat does have at least moderate influence on case selection. Using data received from observation and interviews with the Court’s staff and judges, we find that legal assistants’ decision on whether to promote a case to judges is based on different logics of decision making. First, they are bound by legal requirements. However, bureaucratic logic and the logic of appropriateness can also influence the amount of incentives to promote cases to judges. Full article
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