The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)

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Corruption has flourished in Ukraine for years, making Ukraine one of the most corrupt countries in Europe. However, since the Maidan in 2014, Ukraine has turned its political course towards the west, taken several steps in order to tackle corruption and tightened its cooperation with the European Union. The purpose of this research is to assess what measures has the EU undertaken between 2014-2018 to help Ukraine in its aspiration to combat corruption and to achieve rule of law. This research has found out that the EU has supported Ukraine to tackle corruption by suggesting changes and reforms with the aim to foster overall development, while simultaneously keeping in mind the anti-corruption priority. One significant outcome of the fight against corruption has been the creation of NABU, the National Anticorruption Bureau of Ukraine, which is today the central element in the anti-corruption campaign. Secondly, the EU has backed Ukraine economically, and thirdly, the EU has granted visa liberation for Ukrainian citizens, which is contributing to the broader cooperation between Ukraine and the EU. In the theoretical scale, this study found out that there is an ongoing identity building, whereas Ukraine seeks to exclude corruption as a societal norm and obtain the values of the EU instead.

Includes bibliographical references / The development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often lucrative nature of public contracts, challenges to the lawfulness of government procurement awards have become a regular occurrence in South Africa. However, the setting aside of such an award does not automatically follow upon a finding of unlawfulness. For a number of reasons, a court may decline to set aside an unlawful government procurement award. This raises a number of interesting questions, particularly with regard to how such a decision may be reconciled with, and the implications this may have for, the principle of legality and the Rule of Law. This dissertation will address these issues, arguing that, ultimately, the concerns are resolved by appreciating the nature of the principle of legality, and the Rule of Law's place as a value in society.

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Yes / The rule of law, that is, the fair, competent, effective, and predictable application of laws that enhance, rather than undermine, social accountability and fundamental human rights, is a core function of the state, and forms part of its social contract with the citizenry. However, ensuring that a government upholds the rule of law requires a number of checks and balances. Some of this accountability and enforcement function lies with the other branches of government: oversight of the executive by the legislative branch through its committees and reports, and by the judiciary, which has its own proactive powers and can be petitioned by citizens and their representatives. But this republican structure can still be unresponsive or resistant to scrutiny, particularly when elites across the branches of government are indifferent to, or collude in, maintaining chronic problems in the justice system. Active non-governmental organisations (NGOs) are therefore recognised as a crucial component in the effective application of the rule of law due to their independence from government and their often-different perspective on the impact of unevenly applied and unjust laws and law enforcement through direct contact with the victims of arbitrary treatment. This chapter explores ways in which NGOs (both international and local) can contribute to strengthening rule of law through a case study of how the Open Society Institute and its Justice Initiative (OSJI) and a network of Brazilian NGOs developed a campaign to reduce the excessive use of pre-trial detention. It demonstrates how NGOs can fulfil important watchdog functions and are able to change laws, policies and practices that significantly improve the rule of law by working strategically with one another, with international partners and with sympathetic state actors.

No / This paper seeks to demonstrate how capability approach can be used as a framework for an active rule of law and good governance to reduce or eliminate mob justice practices to create a peaceful society for sustainable development in Africa. Thus, by adopting the capability approach, and the use of the rule of law and good governance to create peace for achieving sustainable development goals (SDG 16). This will also help provide access to justice including to the poor and most vulnerable. The chapter focuses on Africa, by using Ghana as a case study.

University of Macau / Faculty of Law