The Pragmatic and Stylistic Aspects of Communication Between State Authorities and the Citizen within e-Administration in Poland

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article discusses the specificity of remote communication between state authorities and...     

Governance or Self-governance in Poland? Benefits and Threats 20 Years Later

The 1989–1990 revolution that took place in Poland as well as in the rest of central and east Europe led to fundamental changes at the local level. The aim of the decentralization reforms was to establish new governing structures and governance practices and to create local self-government as a strong local actor, autonomous from central control. The administrative, fiscal, and political decentralization was to change drastically the role of the central state by providing local authorities with a new set of responsibilities, fiscal resources, and the decision-making power to implement them. Such a shift also implied major clashes over power, resources, and group interests. Why then do such tensions continue to persist? What are the processes through which the central state is returning to the local level? This paper argues that the return of the central state and its increasingly visible presence at the local level is caused by persistent conflicts surrounding the form, structure, and function of the Polish state. These conflicts are aided by a weak civil society and fragmented party system. This paper will examine the case of Poland and ways through which the central state has been (and still is to the present day) imprinting its presence on local spaces of democracy and governance during the last two decades.     

Peace in Northern Ireland and the Remaining Issue of the “On-the-Runs”

The return of devolution to Northern Ireland in May 2007 marks an important turning point in the Northern Ireland peace process, but there remains the issue of the “on-the-runs”—a term used to describe persons suspected of committing a range of terrorist acts during the Troubles, who were never arrested, charged, prosecuted, or tried. It is thought that the On-the-Runs want to return to Northern Ireland, but determining the conditions for their return is a difficult and controversial issue, raising legal and moral concerns and causing strong and painful reactions among the victims of terrorist violence on all sides of the Northern Ireland conflict. It is also an issue that is complicated by the fact that while the Belfast Agreement of 1998 did not address expressly the situation of the On-the-Runs, it did provide for the accelerated release of a significant number of paramilitaries, both republican and loyalist, from prisons in both Ireland and Northern Ireland. This paper reviews the possible options in law for addressing the situation of the On-the-Runs, including extradition and prosecution, as well as trial and amnesty, and pardons. While the paper makes clear that the political offence exception to extradition is no longer the obstacle it once was, it also concludes that politics, rather than law, or simply the passage of time is more likely to offer the solution to the problem posed by the On-the-Runs.

Australia: Supreme Court of Western Australia orders retrial in case of man convicted of infecting girlfriend with HIV

On 3 October 2002, the District Court convicted an HIV-positive man, Houghton, of unlawfully causing grievous bodily harm to his girlfriend for having unprotected vaginal and anal intercourse with her. Houghton had not told her of his HIV status prior to intercourse. He had been aware of his status for some years before meeting the woman, but testified at his trial that he believed that he could not transmit HIV if he did not ejaculate inside the woman. The woman became HIV-positive as a result of the sexual intercourse. The question put before the jury was twofold: whether there had been bodily injury caused by the applicant to the complainant; and whether that injury was of sufficient severity to constitute grievous bodily harm. The jury found Houghton guilty and in doing so made a finding that the transmission of HIV constitutes grievous bodily harm.     

Legal Certainty and the Role of the Financial Markets Law Committee

The first 150 words of the full text of this article appear below. Key points

• The role of the Financial Markets Law Committee (‘FMLC’)is to provide specialist assistance to those who must meet thechallenges of reforming, modernizing and applying financiallaw by identifying issues of legal uncertainty that may facethe wholesale financial markets and by working to resolve them,if possible, before they give rise to any material risk.
• Itis the author's view that the FMLC is uniquely positioned toserve rule of law values such as legal certainty and legal stability.
• Thisarticle suggests that, in the light of the challenges facingthe financial markets today, the rapid emergence of new markets,the accelerating rate of financial products ‘innovation’,the impact of recent international and European initiativesto harmonize financial markets law and the prospect of law reforminitiatives not yet even underway, the FMLC has an importantrole to play for the future.

  Much is said and . . . [Full Text of this Article]

Getting to Peace? Negotiating with the LRA in Northern Uganda

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.