This study aims to find out the dynamics of the legality principle in the renewal of criminal law laws in Indonesia. The type of research used is doctrinal research. All data obtained were analyzed ...qualitatively juridically. This study examines and examines secondary data about the dynamics of the legality principle in reforming criminal law laws in Indonesia. The principle of legality according to Paul Johan Anslem von Feuerbach is nulla poena sine lege; nulla poena sine crimine; nullum crimen sine poena legali. These three phrases then become the adage Nullum delictum, nulla poena sine praevia legi poenali, which means that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed. The results of this studystates that if an act does not meet the formulation of an offense in a written law, the judge can impose a sentence if the act is considered disgraceful, contrary to justice and other social norms in people's lives. So that implicitly the criminal law in Indonesia has recognized the teaching of material lawlessness in a positive function.
Asas legalitas merupakan dasar fundamental dalam penegakan hukum pidana, sehingga diperlukan pemahaman yang mendasar dan mendalam mengenai hal tersebut. Adapun penelitian ini bertujuan untuk ...memberikan potret asas legalitas dalam dua sistem hukum utama di dunia, yaitu common law dan civil law. Menggunakan pendekatan hukum normatif, data-data yang digunakan dalam penelitian ini bersumber dari bahan hukum primer, sekunder, dan tersier yang diperoleh melalui studi kepustakaan. Penelitian ini menyoroti perbedaan penerapan asas legalitas di dalam common law dan civil law. Hasilnya, dalam common law, Nulla Poena Sine Lege menjadi rumusan asas legalitas yang pada praktiknya bertumpu pada preseden hasil putusan pengadilan. Sementara dalam civil law, rumusan asas legalitasnya adalah Nullum Crimen, Nulla Poena Sine Praevia Lege Poenali, yang menitikberatkan pada peraturan tertulis dalam berbagai regulasi hukum pidana.
The contemporary administrative law is based on a set of legal principles which permeate all institutes of administrative law, giving them meaning and creating a harmonious whole. The first and most ...important pillar of the administrative law normative system is the principle of legality, which implies that the administration is subjected to the applicable laws. Administration is a creation of law; it is organized, regulated and acts in compliance with the law. The basic function of the administration is to implement the laws by observing the law in force. It cannot perform its functions beyond the limits set by the law, nor contrary to the law. In all modern states, the principle of legality in general, and the principle of legality of administration in particular, are the cornerstone for the development of the rule of law. The principle of legality rests on the legal activities of the administration. Under the constitution and the law, administration has a dual role: to adopt a specific administrative legislative act, and to adopt of a normative act (by-law). The concept of legality applied to an administrative act implies that it is impermissible to use coercive means without a justifiable legal ground, which stems from the executive character of an authoritative act which unilaterally determines the parties' rights and obligations. In this sense, the legality of an administrative act must include all its essential elements: jurisdiction, form, basic rules of procedure, purpose, and even substantive law issues. When it comes to normative acts, the principle of legality works in two directions: existential and substantive. The paper presents the concept and the content of the principle of legality of the administration, the relationship between the principle of legality and discretionary assessment, as well as the relationship between the principle of legality and the principle of proportionality, as one of the more recent principles in European continental public law. The authors outline the typical violations of the principle of legality and sanctions for those violations.
The judicial reform recently passed by the Hungarian Parliament ostensibly seeks to restore the independence of the judiciary and the rule of law in Hungary. Crucially, it is also a vital step for ...the government to gain access to the 27 billion in frozen EU funds. While some might think that the EU’s strategy has been successful, a closer look shows that while the reform has the potential of improving judicial independence, the procedure leading to its adoption shows that there is no real commitment to restore the rule of law. In particular, throughout the law-making process the government consistently flouted the principle of legality, including the requirement of transparent, accountable, democratic and pluralistic law-making.
Both happiness and malediction, the legality of taxation is the keystone in assuming the general obligation to contribute to public expenses. The consent to taxation is dependent on the guarantee ...that individual freedom is defeated only through and within the limits of the law and the constitutional provision of the legality of taxation should, in theory, represent a guardian of this guarantee. From Rousseau's letters we learn that there is no freedom in the absence of law and that it is the law that perfects it, but isn`t the misinterpretation of the law the element that constrains us? The purpose of the study is an analysis of the principle of the legality of taxation, from a financial and constitutional perspective, with a critical focus on the interpretation problems generated by the jurisprudence of the Constitutional Court and on the involvement of the executive power in the legislative process.
Criminal law protects, on the one hand, individual and general good from criminal infringement, and on the other hand, the rights and freedoms of accused and convicted persons, through the ...retroactivity of criminal law, the analogy of law, the prohibition of double punishment, and other guarantee conditions, that act in their favour. All of the above are considered to be the demonstration of general legal principles (principles of justice, legality, and humanity) in legal science. The principle of legality, together with the principles of justice and humanity, is an essential element of the principle of legal state and is directly related to substantive criminal law. According to national or international provisions, if an act is not considered an offence at the time of its commission either under national or international law, criminal liability shall not be imposed on a person. Therefore, according to that provision, the national legislator may not adopt provisions that retroactively impose or toughen liability. In addition to the legislator, judges shall not have the right either, when imposing liability, to retroactively apply a legal provision if it worsens a person’s condition. Checking whether a certain act violates national or international law or not, is the objective and subject of discussion by domestic judicial authorities. This article analyses whether that important principle of legality is properly exercised in the judgments made by domestic courts. This paper focuses on the problem of the application of the retroactivity of law in terms of both, a limitation period and a conditional sentence, and the issue of liability of a person if the conditional sentence is changed or mitigated. This article also analyses practical examples of the application of the principle of non-retroactivity in relation to blanket provisions. All the above-mentioned problems are analysed based on the judgments delivered by the Constitutional Court of Georgia, after which the author provides the interpretation of Article 3 of the Criminal Code of Georgia in accordance with the Constitution of Georgia.
One of the most important general principles established by the administrative judiciary is that administrative decisions cannot be applied retroactively, which constitutes one of the requirements of ...legality. However, recently the Algerian State Council and the constitutional founder had a new position represented in explicit recognition the idea of legal certainty, which affected the principle of non-retroactivity of laws in general. The legal certainty has become the new aim of this principle. Judicial cancellation of a retroactive administrative decision is thus indirectly achieving legal security, and since non-reactionary is a constitutional principle, the State Council must respect it in all its functions.
Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot ...replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.
Over recent years, importance has been attributed to the application of criminal sanctions in the fight against IUU fishing due to the seriousness of the threat it represents for the conservation of ...marine living resources. This trend towards the criminalisation of certain activities related with IUU fishing has given rise to the appearance of the notion of fisheries crime, which is increasingly employed in certain international forums. However, from a legal point of view, this term does not define a new type of crime applicable to fisheries activity. Rather, it seeks to demonstrate that certain fishing-related offences are criminal in nature. Thus, it is important to define the scope of this notion of fisheries crime in order to determine what criminal offences are included within this category. Depending on its degree of connection with fisheries activity, fisheries crime covers three separate categories of crimes: the crime of illegal fishing, illicit fisheries-related crimes and crimes committed in the context of the fisheries sector.
•Illegal fisheries activities have been criminalised in the legislation of some States.•Notion of fisheries crime is not a new crime applicable to the fisheries context.•Fisheries crime encompasses all crimes committed along the fisheries value chain.•The notion of fisheries crime is still unclear and require more accurate definition.•Although both notions are related, fishing crime cannot be equated to IUU fishing.
The victory of the opposition in the parliamentary elections in Poland in 2023 followed by the formation of a coalition government paved the way for the rebuilding of the rule of law after a period ...of its systematic violation during the 8-year rule of PiS. The first four months of the new government have already shown that this process will not be easy. However, certain actions aimed at rebuilding the violated standards have already been taken. Three goals and values should be among the guiding principles in the process of rebuilding the rule of law in Poland: legalism, legal certainty, and building citizens' trust in public institutions.
