Good administration is the foundation for fair and effective government action. In recent years, the digitalization of administrative processes has become increasingly prevalent, promising efficiency, transparency, and enhanced accessibility. The Nordic countries, known for their advanced digital societies, provide a unique perspective to study the effects of digitalization on administrative decision-making processes and access to justice, particularly in the context of advanced welfare states and robust legal systems. This study investigates the multifaceted impact of digitalization on administrative decision-making processes and access to justice with a particular focus on Denmark, Finland, Norway, Sweden, and Iceland. It delves into how digitalization has transformed administrative decision-making processes, analyzing the potential for increased efficiency, streamlined workflows, and enhanced data-driven decision-making. Through a comprehensive analysis of policy frameworks, legal structures, and empirical data, this research seeks to elucidate the ways in which digital technologies are reshaping administrative practices and influencing the delivery of justice. The study begins by examining the evolution of digitalization in Nordic administrative laws, focusing on e-government initiatives and digital technology integration. It explores its implications for administrative decision-making processes, including procedural fairness, administrative discretion, and automated decision-making algorithms. By adopting a comparative approach, this study aims to identify common trends, challenges, and opportunities presented by digitalization in Nordic administrative systems, offering insights that are pertinent to both regional policymakers and global stakeholders navigating the complexities of digital governance. Ultimately, this research contributes to a deeper understanding of the complex relationship between digitalization, administrative decision-making, and access to justice in Nordic States, offering insights that are pertinent to ongoing debates surrounding administrative modernization and legal innovation in the digital age.
In South Africa, freedom of testation has been an enjoyed practice from ancient times. It gave testators comfort in knowing that when they depart, their legacies and property would be looked after by those they had chosen to survive their estates. Before the advent of the Constitution, testators used to abuse this freedom. There existed a tendency to exercise this freedom without limitations. However, the Constitutional epoch brought about changes in the manner the testators exercised their freedom of testation. Amongst other things, was the limitation to freedom of testation. Legislation and Common Law also contributed to restricting or limiting this freedom. Against this backdrop, this article investigates the impact of the Constitution on freedom of testation in South Africa under the current constitutional dispensation. The paper is predicated on the assumption that freedom of testation gave testators leeway to promote discrimination and unfairness. Therefore, this paper will show that freedom of testation has evolved and no longer absolute in South Africa, with the Courts playing an important role in the process.
The application of enforcement actions varies between countries, mostly considering the subject that applies enforcement actions. In this context, we say that there are differences between the subjects and the stages of enforcement. In the countries where the permission phase is applied, the court decides on the merits of the proposal for enforcement, analysing whether the creditor had the right to request compulsory enforcement against the debtor specified in that document. Unlike the Western Balkan countries, RNM applies one-stage enforcement, where the bailiff determines the means and implements the enforcement. Based on preliminary research in the field of enforcement and the means that can be subjected to enforcement, and those that were excluded from enforcement, article 218 is a problematic point. For years there have been discussion in the professional literature, but also in the Supreme Court and the Constitutional Court of RNM. This research deals with the approach of restricting enforcement on state-owned objects and rights, creating a line of comparison between RNM and the countries of the Western Balkans. In the legislative aspect of the situation, it turns out to be similar in many states in the region. In most countries, there is a specific subject that allows the decision of implementation or non-implementation of enforcement, with the exception of the Republic of Kosovo, as a state with fewer legal rules dedicated to the limitation of enforcement. In the RNM, the President of the Court decides whether enforcement will be carried out or not. In Serbia and Montenegro, the judge of the case decides also for allowance, while in Bosnia and Herzegovina, applied restriction is at least within 0.3 percent of the total income planned in the budget of the debtors.
The Consumer Protection Act 68 of 2008 (CPA) seeks to promote the achievement and maintenance of a fair, accessible, efficient, sustainable and responsible market place for consumer products and services in South Africa. Moreover, the CPA seeks to provide for an accessible, consistent, harmonised, effective and efficient system of redress for consumers. Notably, the CPA provides that the supplier should not supply or enter into an agreement to supply any goods or services at a price that is unfair, unreasonable, or unjust. This is generally aimed at combating any problems that are suffered by consumers when accessing goods and services in South Africa. Accordingly, various regulatory bodies and related role-players were established to enforce consumer rights and provide redress mechanisms to vulnerable and affected consumers. These consumer protection bodies and related role-players include the National Consumer Commission (NCC), the National Consumer Tribunal (NCT), provincial consumer courts, ordinary courts and other alternative dispute resolution agencies. These bodies and role-players are statutority obliged to resolve consumer disputes in South Africa. However, there are some uncertainty challenges regarding the jurisdiction of ordinary courts and consumer protection regulatory bodies in relation to disputes that relate to the consumers’ right to fair, just and reasonable price, terms and conditions of goods and services. This article discusses the role of the NCC, the NCT, provincial consumer courts, ordinary courts and other alternative dispute resolution agencies in the regulation of the price for goods, services and access to redress for affected consumers under the CPA. This is done to provide some recommendations that could resolve jurisdictional and regulatory challenges in relation to the price and access to goods and services under the CPA.
There is an indissoluble connection between the evidence and the means of proof, since the evidence can only be used if it is obtained through the means of proof provided by the law, a connection that can cause one to be confused with the other. The legal means of evidence by which the evidence in the criminal process is obtained presuppose certain concrete practical ways that the judicial bodies must resort to for their legal administration. These methods are called evidentiary procedures. The possibility given by the legislator to the judicial bodies in the sense of the administration of evidence in the criminal process by means of evidence other than those provided by way of example demonstrates a flexible, modern legal thinking, adapted to social realities, in the service of finding the truth in the criminal process, distinguished from the one addressed in the old Criminal Procedure Code. The freedom of evidence conditioned by the legality of obtaining it, in the context of continuous and implicit technological changes in the means of committing crimes, represents an evolution from a legal point of view, a useful and flexible tool available to judicial bodies to find out the truth.
Abstract: Due to the regime of the communist party, which for a long time ruled every level of government, the economy and limited civil liberties, the decentralization process in Albania started late. A very long process with constant legal reforms and changes occurred for the creation of local government units, with autonomy and separate competencies from the central government. Many challenges and obstacles have delayed the process, mostly those of a political and fiscal character. This paper focuses on the meaning of the process of decentralization and the historical progress of this important democratic step, to a better governance, better social services, and a step that takes Albania closer to the European Union integration.
The purpose of this research is to understand and explore village financial management after the Law of the Republic of Indonesia Number 6 of 2014 on Villages which has implications for unlawful acts. This research method uses this research, referring to the type of research on normative research. The specificity of this normative research is based on finding the truth of coherence, namely a truth based on the suitability between what is studied and the rules applied in village financial management, which have criminal implications. The research result show after the village financial management law of the Republic of Indonesia Number 6 of 2014 concerning villages that contain the potential for criminal acts of corruption occurred in: First, the Allocation of Village Funds; Second, the source of Grant Financing; Third, Village Original Income Sources; Fourth, other sources of village income. The conclusion is after the Law on Village Financial Management of the Republic of Indonesia Number 6 of 2014 concerning Villages with Implications for unlawful acts. Generally, in the form of abuse of authority by the village head and village officials as village financial managers, this happened due to several things: first, the determination of wetmatigheid, rechtmatigheid, and doelmatigheid.
Accountability is one of the important principles and values for the proper and effective management of municipalities in the local government in South Africa. This article provides an overview of the challenges affecting the accountability of the municipal manager in Mahikeng local municipality. The article identifies the failure to account, the failure to comply with the legislative framework for accountability, the lack of compliance with the ethical standards, the municipality having too many creditors, the failure to follow proper communication channels as some of the challenges affecting the accountability of the municipal manager in the Mahikeng local municipality. These challenges have affected the effective service delivery in the Mahikeng local municipality. To this end, the authors argue for enhancing the enforcement approaches and compliance with the relevant laws and prescripts in order to curb the irregular, unauthorised, wasteful and fruitless expenditure in the Mahikeng local municipality.
Financial education entails the process of improving financial consumers’ knowledge, understanding, skills and confidence regarding their use of financial services and financial products as well as the risks involved through consistent and objective advice from the relevant regulatory bodies and related stakeholders. Financial education is vitally needed to enhance financial consumers’ knowledge on, inter alia, budgeting, better saving and better investment for their short and long-term financial goals in their respective countries and jurisdictions. In this regard, the role of regulatory bodies in the promotion of financial education through the adoption of adequate and appropriate measures to improve the financial well-being of financial consumers is indispensable. Accordingly, this article discusses the role of selected regulatory bodies in the promotion of financial education in South Africa. To this end, the role of the Financial Sector Conduct Authority (FSCA), the National Credit Regulator (NCR), the National Consumer Tribunal (NCT) and the National Consumer Commission (NCC) is discussed. This is done to investigate whether the stated regulatory bodies and/or related agencies have adopted sufficient measures for the promotion of financial education in South Africa.
Abstract: Administrative law is a complex and ever-evolving field of law that governs the activities of government agencies and Artificial intelligence (AI) is rapidly transforming the fields of law. The integration of artificial intelligence (AI) into administrative decision-making processes has the potential to revolutionize public administration by improving efficiency, accuracy, and speed. However, the use of AI in administrative decision-making also raises a number of ethical and legal concerns and linked with associated risk that AI systems could be biased, used to erode privacy rights or to circumvent due process of law. A number of countries have already begun to incorporate AI into their administrative decision-making processes. In some cases, AI systems have been shown to be effective and accurate while in some cases found to be discriminatory. Therefore, it is, important to continue to monitor the use of AI in administrative decision-making and to address ethical or legal concerns that arise which includes the application of Principles of Natural Justice and Due Process of law. The purpose of this research is to examine the impact of AI on the efficiency of administrative decision making while considering ethical and legal implications. This study will employ Comparative analysis of AI integration in administrative procedures, examining data privacy, ethical considerations, and legal frameworks in social welfare and criminal justice systems which will become helpful for governments while ensuring transparency, accountability, procedural fairness and protect of rights. Overall, this paper seeks to provide valuable insights into administrative departments can leverage emerging technologies like AI while ensuring transparency, accountability fairness in Public Administration. Keywords: Public Administration, Administrative Law, Artificial intelligence (AI), Decision-Making, Principles of Natural Justice, Due Process of law.
climate litigation rulings are widely viewed as the ultimate tool to enforce climate compliance. The objective of this paper is to evaluate whether a ruling on climate litigation has an impact on corporate share price and the direction of the effect. Prior work inclination is on the concept of climate law entropy and the recent case ruling on Lufthansa’s climate litigation. The methodology is mixed with a review of relevant literature and mini-quantification of value difference using a t-test to analyse difference in mean share price before and after climate litigation ruling on Lufthansa, and finally a formulation of framework. Findings show that unlike previous ubiquitous literature findings, the share price of Lufthansa experienced a significant increase in value after the climate litigation ruling with a significant p-value of less than 0.01 (which indicates high significance level of difference in share price). The paper has practical and theoretical implications, for business law academics and for practitioners. Climate litigation may serve a dual role of enforcing climate law compliance and instilling corporate legitimacy. The paper contributes original value to corporate climate litigation literature by proposing a novel conceptual framework for understanding the diverse differential impact of climate litigation on corporate share price.
Objectives This study has objective to analyze the obstacles during the complete systematic land registration program (PTSL) program, that is, the overlapping ownership of land rights, Prior Work The PTSL program provides legal certainty of land ownership for Indonesian society. As written in the 1945 Constitution of the Republic of Indonesia, Article 33, Paragraph (3) mandates land use for people's prosperity, Approach The methodology used is a descriptive analysis by explaining the data in the field, Results The results show that a double certificate (overlapping ownership) was found after the PTSL program. Therefore, it is recommended that the Land Office should be more thorough and accurate for land measurement and mapping, Implications Land history is essential to ensure legal certainty regarding land ownership. This cannot be ignored because many land disputes have occurred because of overlapping cases, Value The PTSL program can be used to determine land certification impediments due to overlapping ownership. Thus, people will know the latest status of their land.
Debt relief involves various measures and strategies that are designed to alleviate and/or restructure debt obligations of the borrower so as to enhance their capacity to comply with such obligations when they are due. This article assesses the adequacy of Chapter 4 of the National Credit Act 34 of 2005 (NCA) in relation to the recovery processes of businesses operated by natural persons, especially sole proprietorships. Most natural persons operate their businesses as sole proprietorships and/or independent entrepreneurs. Accordingly, financially distressed sole proprietorships businesses should have access to flexible debt relief schemes rather than rigid consumer based credit measures that are stipulated under Chapter 4 of the NCA. The consumer based credit measures in Chapter 4 of the NCA are more favourable to individual consumer debtors than the needs of budding entrepreneurs such as sole proprietorships. In this regard, the South African policy makers should consider adopting possible lessons from Chapter 13 of the United States of America (US) Bankruptcy Code, Pub. L. 95-598, Title 1, 11 U.S.C. 101, 6 November 1978, 92 Stat.2549 (US Bankruptcy Code), especially sections 1301 to 1330, which deals with the adjustment of debts for individuals with regular income.
The presence of Bitcoin as a digital currency whose management is handled by the developer as money might result in its restriction; consequently, the legality and legal ramifications of buying and selling Bitcoin, particularly on the Binance market, are still being determined. The goal of this research is to look at Regulation Number 5 of 2019 regarding technical provisions for holding a physical cryptocurrency market on commodity futures exchanges in the use of cryptocurrency on the Binance market, such as requirements for establishing a physical crypto asset market or trade, dispute resolution procedures, and legal protection.
After the Liberation War between East Pakistan and West Pakistan in 1971, Bangladesh, a newly formed country, implemented the International Crimes (Tribunals) Act in 1973 to punish the suspects. However, not until 2009 did the Bangladeshi government revive the idea of trials, declaring its intention to prosecute the suspects of the atrocities. By appointing judges, investigators, and prosecutors, the Tribunal was subsequently established in 2010. Despite the government’s claim that the Tribunal established by the 1973 Act operates freely and independently, this paper investigates some crucial provisions of the 1973 Act that negatively impact the entire judicial process of criminalizing and punishing suspects. Furthermore, it analyses the activities of the Tribunal based on international practices. It examines some judgments and contends that while the Bangladeshi government’s efforts to bring the suspects to justice are commended, the domestic Tribunal fell short of ensuring fair trial rights for the accused and justice for society. It further contends that rather than uniting society, the Tribunal splintered it. The study continues by noting that combining a hybrid tribunal and a Truth Commission could have helped unite the community and ensure justice.
The objective of this paper is to appraise the regulatory challenge facing the cryptocurrency industry with attendant financial value implication following the current SEC’s legal action and to provide an insight into the future of cryptocurrencies in the face of uncertain regulatory environment. The prior work inclination is on extant regulatory information, declarations, and commentaries on the cryptocurrency industry such as the SEC, the DOJ and financial publications. The approach combines a discursive analysis of documented commentaries and brief numerical share value analysis. Findings show, among others, that regulators around the world are still coming to terms with the uniqueness and intractable characteristic of cryptocurrency asset, hence current variegated regulations, and legal recognitions. Furthermore, findings show that the recent SEC’s lawsuit against Binance and Coinbase had a significant impact on their share prices and additionally caused a negative ripple on the share price of some other cryptocurrencies. The findings have implications for cryptocurrency investors and operators for investment and strategic policy decisions in the face of uncertainty in cryptocurrency regulatory environment. It also provides a useful current case study for business schools and an agenda for further study with a larger pool of cryptocurrency companies facing regulatory threat. The paper contributes a novel weaving of financial ramifications of uncertain regulatory actions on cryptocurrency companies.
The land is one of the natural resources essential for human life. However, the land area is decreasing and limited because of the high population, natural conditions, and land area ownership. In Surabaya, land with Surat Ijo (green certificate) status has caused controversy between the government and Land Use Permits (IPT) holders. This study discusses the management and utilization of Surat Ijo land in Surabaya. This study uses normative legal methods with descriptive analysis. The data collection technique used in this study was a literature study. The results show that the concepts of land and management rights have been recognized by law in Indonesia. Surat Ijo or land use permits (IPT) holders only have management rights over the land they occupy but not the rights over the land. They can involve a third party to use the land, but the right still belongs to the Surabaya Government. Thus, it can be concluded that land with Surat Ijo status belongs to the Surabaya government, which residents with official IPT manage.
ABSTRACT: Environmental regulations, designed to promote the protection and preservation of natural resources, have been an essential tool for governments worldwide. However, traditional command-and-control regulatory approaches have come under criticism due to their high compliance costs and limited flexibility. Impact-based regulation is a relatively new approach to environmental regulation that focuses on the environmental impacts of activities, rather than on the specific technologies or practices used to carry out those activities. This approach has the potential to be more flexible and efficient than traditional command-and-control regulation, and it can also be more adaptable to changing environmental conditions. However, there is still debate about the effectiveness of impact-based regulation in achieving environmental goals. This paper reviews the literature on the effectiveness of impact-based regulation. It finds that impact-based regulation can be effective in achieving environmental goals, but that its effectiveness depends on a number of factors, including the design of the regulation, the level of enforcement, and the willingness of businesses and individuals to comply. The paper also discusses the challenges of implementing impact-based regulation, and it concludes with a discussion of the future of this approach to environmental regulation. This research paper seeks to explore how different aspects of international law interact with IBR implementation and its effectiveness concerning achieving environmental goals. It will examine case studies where countries have implemented IBRs within their regulatory frameworks and assess whether they are consistent with applicable international legal standards. Ultimately, this study hopes to provide insights into how policymakers can navigate complex legal environments when developing environment policies involving impact-based regulations across various jurisdictions globally.
In criminal case, defendants who jointly commit a criminal act can be used as witnesses between one another, called crown witnesses. The function of witnesses in every criminal case is very crucial since their statement are able to determine the judge's decision, which every witness statement always has great attention both by the legal actors involved in the trial and by legal observers. This research is normative juridical research through a statutory case approach to find out whether the presence of a crown witness is not contrary to the objectives of the law and how the legal protection of crown witnesses in corruption crimes.
As in other public fields and in that of education, work ofences can be committed, the most common being those of „abuse at work* and respectively *negligence at work*. There are well-known cases of violations of the legislation regarding the remuneration of teachers/violation of some of their rights or the behavior of teachers towards students (when a situation of inferiority is created for them based on race, nationality, ethnic origin, language, religion , sex, sexual orientation, etc.). These offenses are contained and provided for in the final and current form of Chapter II of Title V of the Criminal Code, entitled "Work offences".
