Luka Bluashvili’s Post

📢Case C-123/22: Commission v. Hungary The #CJEU issued a judgment under Article 260(2) TFEU imposing the highest #penalty ever. The judgment is of particular relevance not only for the precise statement of the reasons that led to such a high sanction, but also because the Court took the opportunity to address issues of #constitutional relevance arising from the specific infringements alleged. ⬇️Here my commentary for Accademia Diritto e Migrazioni - ADiM 🙏

On the Meaning - Use - Practice of International Law esp International Criminal Law - very helpful background reading by some of my highly esteemed German colleagues: 👇🏻👇🏻 https://lnkd.in/ez2UCBTB

It can happen to you! Innocent people do end up in jail, and it could easily happen to any of us. Modern criminal justice systems prioritize efficiency, which often undermines procedural rights Imagine being wrongfully convicted of a crime you didn't commit. Sitting in prison, panicked and afraid, your only hope lies in presenting new evidence. However, you know that unlike the U.S., where habeas corpus or coram nobis petitions can be filed at any stage, Continental Europe's legal system sets a very high threshold for new evidence. Stakes are against you - what do you!? Well dear friends, take a look at the newest published article from the Croatian Innocence Project and find out. Together with Prof. Damir Primorac and Prof. Lucija Sokanovic managed to do a research thanks to Hrvatska zaklada za znanost (Croatian Science Foundation) and craft this article to raise the awareness on wrongful convictions in Europe and Croatia. This work was initially presented on 12 ISABS Conference. https://lnkd.in/drAV8PFd #wrongfulconvictions #wrongfulconviction #criminaljusticereform #justice #endprosecutorialmisconduct #wrongfulimprisonment #exonerationlaw #aminext #actualinnocence #discriminalnation #wrongfullyconvicted #innocence #prison #criminaljustice #injustice #endmassincarceration #freedom #endwrongfulconviction #forlife #nationalgeographic

Please read this article!

Agencia EFE #Peru: A report from Peru's #National Board of #Justice (JNJ), the highest #judicial authority, recommended on #Thursday the dismissal of #suspended #Attorney General Patricia Benavides. She is under #investigation for allegedly orchestrating a #network of #drug #trafficking influences.#PeruJustice #JNJReport #AttorneyGeneralDismissal #JudicialAuthority #PatriciaBenavides #DrugTrafficking #InfluenceNetwork #LegalInvestigation #JudicialReform #JusticeSystem

World court deals Apartheid Israel another major blow, with Michael Lynk | The Electronic Intifada Description: The International Court of Justice (ICJ) in The Hague issued a much-anticipated advisory opinion finding that Apartheid Israel’s presence in the West Bank and Gaza Strip is illegal and said that all settlers must be withdrawn from occupied territory, and that reparations must be made to Palestinians. Meanwhile, more than 60 governments and other parties are intervening at the International Criminal Court, which is still considering Chief Prosecutor Karim Khan’s request from more than two months ago for judges to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and defense minister Yoav Gallant. ___ "All of that means BDS [boycott, divestment and sanctions]! Urgent, immediate BDS by all states and UN bodies. It cannot be interpreted in any other way in my view." Prominent UK human rights lawyer Daniel Machover breaks down the ICJ ruling on the nature of the situation in the occupied Palestinian territory and the duties which now fall on third party states to comply with the ruling. ___ The International Court of Justice (ICJ) has ruled that Apartheid Israel’s continued presence in the occupied Palestinian territory is illegal and that it should come to an end “as rapidly as possible”. #Gaza #Netanyahu #Biden #Trump #Palestine #Israel #ApartheidIsrael #Zionism #Nazism #Imperialism #Capitalism #Socialism ___ Copyright Disclaimer: Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. The Collective Standoff of Humanity | Humankind against Oppression, Occupation, Colonization, Western Imperialism, and Collective Punishment ( Genocide, Ethnic Cleansing, War Crimes ) is the way forward into the Multi-Polar Age. #BDS , #BDS_Movement , #Sanctions , #Divestment , #MilitaryEmbargo , #StopArmingIsrael , #StopFundingGenocide , #BRICS , #NewWorldOrder , #MultiPolarAge , #UNReform , #GenocideByVeto ... #FreePalestine , #EndZionism , #EndApartheid , #NOW , #OrElse , #FreePalestineNow , #EndZionismNow , #EndApartheidNow https://lnkd.in/d3XEckTd

Mulholland Law acts for the appellant in MJE v. Sean Walsh, which has been referred to the Court of Justice of the EU by the Irish Supreme Court for a second time. This referral stems from an appeal lodged by our client against his proposed extradition to the North.  The case raises intricate questions about the interpretation of EU law, specifically Article 49(1) of the Charter of Fundamental Rights of the European Union. This article deals with the principles of legality and proportionality of criminal offences and penalties. The crux of the matter lies in determining whether changes in UK law affecting the execution of prison sentences, particularly the release on license provisions, constitute a "heavier penalty" under EU law. The Supreme Court has specifically asked the CJEU: "Would the application, to a person convicted of an offence or offences and sentenced to a determinate sentence(s), of amended rules having the effect that he or she will have to serve at least two thirds of such sentence and then will have only a conditional right to release on licence dependent on an assessment of dangerousness, whereas under the rules applicable at the time of the alleged offences, that person would have been automatically entitled as a matter of law to release on licence once he had served one half of that sentence, involve the imposition of a 'heavier penalty' on the convicted person than the penalty applicable at the time of the alleged offences such as to amount to a breach of Article 49(1) of the Charter?" This request for clarification from the CJEU emphasises the case's complexity, particularly regarding the interpretation of "penalty" in Article 49(1) of the Charter. The central issue revolves around whether changes to release conditions shifting from automatic release at 50% of the sentence to conditional release at 66% constitute a retroactive increase in penalty. The outcome could have significant implications not only for our client but also for how changes in sentencing laws are interpreted in extradition cases.  ➡️https://lnkd.in/ecpYmgcv #EULaw #ExtraditionCase #CJEU #CharterOfFundamentalRights #CriminalJustice #LegalInterpretation #HumanRights #EuropeanLaw #LegalPrecedent #SentencingLaw #Extradition #EUJustice

I am glad to share that my article, titled “The Resurgence of the Forum Non Conveniens Doctrine in the English (post-Brexit) Jurisprudence with Respect to Transnational Litigation for Corporate Human Rights Violations: The Dyson Case”, has been published in the last issue of Diritti umani e diritto internazionale. The article analyses the decision in the Limbu and Others v Dyson Technology case, with which, for the first time after #Brexit, the English High Court dismissed a transnational civil claim involving forced labour allegations on forum non conveniens grounds. The article assesses the #PrivateInternationalLaw consequences of the United Kingdom’s withdrawal from the European Union with regard to access to justice and remedies in # #BizHumanRights transnational cases. The full article is available here: https://lnkd.in/dFaTJEna

In our latest blog, we discuss the capacity shortage and explore the possibilities of resolving cases out-of-court. Hopefully, this summer provides a chance for reflection. We remain available to discuss effective solutions. #outofcourtsettlement #criminallaw