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Hongkong: ustawa o bezpieczeństwie narzucona przez Pekin?

11-06-2020

W dniu 28 maja 2020 r. Ogólnochińskie Zgromadzenie Przedstawicieli Ludowych (OZPL) Chińskiej Republiki Ludowej (ChRL) upoważniło swój Stały Komitet do przyjęcia ustawy o bezpieczeństwie narodowym w Hongkongu z pominięciem organu parlamentarnego tego miasta, jakim jest Rada Ustawodawcza. Ustawa ma wejść w życie przed zaplanowanymi na wrzesień 2020 r. wyborami parlamentarnymi w Hongkongu. Może ona stanowić punkt zwrotny dla „wysokiego stopnia autonomii” miasta i przedwczesny początek odchodzenia od ...

W dniu 28 maja 2020 r. Ogólnochińskie Zgromadzenie Przedstawicieli Ludowych (OZPL) Chińskiej Republiki Ludowej (ChRL) upoważniło swój Stały Komitet do przyjęcia ustawy o bezpieczeństwie narodowym w Hongkongu z pominięciem organu parlamentarnego tego miasta, jakim jest Rada Ustawodawcza. Ustawa ma wejść w życie przed zaplanowanymi na wrzesień 2020 r. wyborami parlamentarnymi w Hongkongu. Może ona stanowić punkt zwrotny dla „wysokiego stopnia autonomii” miasta i przedwczesny początek odchodzenia od modelu „jeden kraj, dwa systemy”, który miał obowiązywać przez 50 lat od 1997 r. Podczas czerwcowej sesji plenarnej Parlament Europejski ma przeprowadzić debatę na temat oświadczenia wysokiego przedstawiciela.

Bolivia: A test for democracy

16-01-2020

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future ...

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future and could be an example for other countries in the region to emulate.

Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective - Canada

06-10-2017

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional ...

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. Essentially, while Canadian citizens benefit from a wide range of rights and proceedings, access to the country’s Supreme Court is restricted due to the limited number of cases the Court chooses to hear every year. More generally, access to justice continues to pose real challenges in Canada. This is not due to judicial failings or a lack of sources of rights per se, but rather to lengthy judicial delays and the often enormous costs of proceedings.

Autorzy zewnętrzni

EPRS, Comparative Law

How Congress and President shape US foreign policy

30-03-2017

The United States Constitution regulates the conduct of American foreign policy through a system of checks and balances. The Constitution provides both Congress and the President, as the legislative and executive branches respectively, with the legal authority to shape relations with foreign nations. It recognises that only the federal government is authorised to conduct foreign policy; that federal courts are competent in cases arising under treaties; and declares treaties the supreme law of the ...

The United States Constitution regulates the conduct of American foreign policy through a system of checks and balances. The Constitution provides both Congress and the President, as the legislative and executive branches respectively, with the legal authority to shape relations with foreign nations. It recognises that only the federal government is authorised to conduct foreign policy; that federal courts are competent in cases arising under treaties; and declares treaties the supreme law of the land. The Constitution also lists the powers of Congress, including the 'power of the purse' (namely the ability to tax and spend public money on behalf of the federal government), the power to regulate commerce with foreign nations, the power to declare war and the authority to raise and support the army and navy. At the same time, the President is the Commander-in-Chief of the United States (US) army and navy and, although Congressional action is required to declare war, it is generally agreed that the President has the authority to respond to attacks against the US and to lead the armed forces. While the President’s powers are substantial, they are not without limits, due to the role played by the legislative branch. In light of the discussion of the foreign policy options of the new administration under President Donald Trump, this briefing specifically explores the powers conferred to conclude international agreements, to regulate commerce with foreign nations, to use military force and to declare war. It also explains how Congress performs its oversight – or ‘watchdog’ – functions with regard to foreign policy, the tools at its disposal, and the role of committees in the process.

Religious pluralism in Indonesia: Harmonious traditions face challenges

19-05-2016

A mosaic of cultures, languages and religions, Indonesia shares not only the EU's motto (Bhinneka Tunggal Ika, Unity in Diversity), but also many of its values, such as tolerance, pluralism and, since the 1998 downfall of former dictator Suharto, also democracy. With many other Muslim-majority states torn by conflicts and persecution of religious minorities, Indonesia stands out as an example of a country where different faiths are able to co-exist harmoniously. Despite this globally positive picture ...

A mosaic of cultures, languages and religions, Indonesia shares not only the EU's motto (Bhinneka Tunggal Ika, Unity in Diversity), but also many of its values, such as tolerance, pluralism and, since the 1998 downfall of former dictator Suharto, also democracy. With many other Muslim-majority states torn by conflicts and persecution of religious minorities, Indonesia stands out as an example of a country where different faiths are able to co-exist harmoniously. Despite this globally positive picture, there are some concerns about religious freedoms in the country. It is true that the rights of the largest minorities, such as the Christians and Hindus, are enshrined in primary and secondary legislation. On the other hand, blasphemy laws have been used to repress smaller minorities, and some recently adopted legislation reflects Islamic values. The wave of intercommunal violence which broke out after Suharto's downfall has since subsided, but occasional attacks continue against certain minorities such as Shia and Ahmadi Muslims. While the number of such incidents is very low for a country of Indonesia's size, they point to wider underlying intolerance. Over the years, the Indonesian authorities have not done enough to promote religious pluralism, sometimes showing bias against minorities. New president Joko Widodo made tolerance one of his priorities, and since he took office in 2014 his government has made some encouraging gestures. However, there are as yet no signs of real change on the ground.

Japan: Defence and security policy reform

22-01-2016

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the ...

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the end of the Second World War. This change was one of a series of reforms and initiatives, which included setting up a National Security Council, defining a national security strategy, adopting a law on classified information and revising the Principles on Arms Exports. The guidelines for cooperation with the US have also been revised. At the same time, Tokyo has begun to develop its military cooperation with other countries in the region. The purpose of these reforms was to make Japan an 'active contributor to peace' in a regional context overshadowed by Chinese ambitions and the growing nuclear threat from North Korea.

Violence and persecution levelled at Christians around the world

30-11-2015

In 2050, Christianity will still be the religion with the most adherents worldwide, with a following outnumbering that of Islam, although the latter will not be far behind it numerically. However, this forecast should not be allowed to obscure the fact that Christianity remains very diverse, being divided into Catholic, Orthodox and Protestant branches, and that demographic trends are different for each of them. Despite the fact that Christianity remains the most widely practised religion, Christians ...

In 2050, Christianity will still be the religion with the most adherents worldwide, with a following outnumbering that of Islam, although the latter will not be far behind it numerically. However, this forecast should not be allowed to obscure the fact that Christianity remains very diverse, being divided into Catholic, Orthodox and Protestant branches, and that demographic trends are different for each of them. Despite the fact that Christianity remains the most widely practised religion, Christians are in the minority in many regions of the world, where various communities suffer discrimination and even serious human rights violations. Those responsible may be the state, other social groups or a combination of the two. In this context, the United Nations has recently taken up the cudgels to defend these oppressed minority communities, and the European Parliament has adopted a growing number of resolutions on the subject. This briefing has been published further to a request in connection with a conference organised by Parliament in the framework of Article 17 of the Treaty on the Functioning of the European Union.

Parliamentary Immunity in Italy

01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It proposes to view the legal basis and practical developments of parliamentary privilege in Italy, providing an insight into the peculiarities of the country’s experience, with reference also to recent cases.

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It proposes to view the legal basis and practical developments of parliamentary privilege in Italy, providing an insight into the peculiarities of the country’s experience, with reference also to recent cases.

Autorzy zewnętrzni

Marco Cerase

Parliamentary Immunity in Poland

25-09-2015

Upon request by the JURI Committee, this in-depth analysis examines the immunity of Polish parliamentarians, i.e. Deputies to the Sejm and Senators. It describes forms of immunity, their scopes, taking into account the jurisprudence of the Polish Supreme Court and the Polish Constitutional Tribunal, as well as parliamentary procedures regarding waiving or defending the immunities. It also includes a description of legal and practical problems related to an ordinary application of immunity rules. ...

Upon request by the JURI Committee, this in-depth analysis examines the immunity of Polish parliamentarians, i.e. Deputies to the Sejm and Senators. It describes forms of immunity, their scopes, taking into account the jurisprudence of the Polish Supreme Court and the Polish Constitutional Tribunal, as well as parliamentary procedures regarding waiving or defending the immunities. It also includes a description of legal and practical problems related to an ordinary application of immunity rules.

Autorzy zewnętrzni

Piotr CHYBALSKI

Political parties in Turkmenistan

16-07-2015

Turkmenistan is a 'presidential republic' in which the president is vested with extensive authority. After independence in 1991, the country was ruled by Saparmurat Niyazov until his death in 2006. His successor, Gurbanguly Berdimuhammedov, took timid steps towards democratisation and liberalisation. Although there are some welcome developments, the regime is still considered authoritarian. In December 2013, the Turkmens held their first ever multi-party elections.

Turkmenistan is a 'presidential republic' in which the president is vested with extensive authority. After independence in 1991, the country was ruled by Saparmurat Niyazov until his death in 2006. His successor, Gurbanguly Berdimuhammedov, took timid steps towards democratisation and liberalisation. Although there are some welcome developments, the regime is still considered authoritarian. In December 2013, the Turkmens held their first ever multi-party elections.

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