MAMO TCV Advocates’ Post

In Volume 38 of the Maryland Journal of International Law, Jackelyn Gitlin explores constitutional and judicial reform during the war between Ukraine and Russia. Jackelyn discusses the Ukrainian political context and constitutional review, the October 2020 Ukrainian Constitutional Court's decision that dismantled anti-corruption legislation, and suggestions for reform. https://lnkd.in/gQjRnaYi

How should courts review the reasonableness of ministerial decisions at the borderlines of sensitive areas of regulation in legal systems with decentralized power structures? This issue has come up in a couple of recent cases in the United Kingdom, not a federal system as such but one in which legislative and executive authority has been devolved. Both ask how judicial review under devolution provisions works and provide different answers: in Scotland, the courts have said that judicial review principles apply in the ordinary way; in Northern Ireland (the better view, in my opinion), the intensity of judicial review is scaled up to account for constitutional context. Regardless of one's position, it is a fascinating debate: https://lnkd.in/efFQ54nF

🔍🇨🇩 Analysis of the Kabund affair in the DRC: justice used for political purposes, a contested conviction, legitimate questions about judicial independence. #JusticeEnRDC #JudicialIndependence #CitizenEngagement 🤔✊

📚 Exploring the role of the judicial branch in the 🏛️ American Republic: from the appointment of judges to their 📜 interpretation of laws. ⚖️ Our analysis dives deep into the impact of landmark cases on 🌐 society & governance. 🎓 #JudicialBranch #Constitution #LegalAnalysis https://lnkd.in/gVeaj2PE

We are very happy about this huge victory for our client. In this case, a foreign plaintiff dragged our client, a Florida entity, as a defendant in this Florida complex commercial dispute over the control of a foreign entity that owns real estate in Madrid worth over $10 Million, making false statements about our client’s involvement in the alleged transactions. After lengthy discovery, including depositions and expert testimony, we successfully argued in our Motion to Dismiss that: (1) several key allegations about our client were 100% false, and (2) this case belongs in Panama. As a result, this classic example of foreign parties trying to use Florida courts to forum shop, ended in complete dismissal of the entire case! A big shoutout to Monica Amador and to Rivero Mestre LLP and Andres Rivero, who represented our co-defendant. You can read the complete Order of Dismissal below. #ComplexCommercialLitigation #InternationalAttorney #InternationalLitigation #MotiontoDismiss #ForumNonConveniens #InternationalComity

MPA LAW wins dismissal based on theories of Forum Non Conveniens and International Comity in international $10 million dispute involving Panama, Spain and Venezuela. You can read the 20-page Order by Complex Business Court Judge Thomas J. Rebull, below. #WinningCases #InternationalComity #ForumNonConveniens #InternationalLitigation #InternationalAttorney

In Europe 🇪🇺, judicial independence is crucial to ensure that courts remain impartial and unbiased. This principle upholds fairness and protects fundamental rights by ensuring that decisions are free from external influences.     See how our campaign supports the rule of law and ensures justice across the EU: https://lnkd.in/gf2is7d9  #RuleOfLaw #EURights

Judicial Independence Under Fire: A Critical Moment The recent controversy around Auditor-General Odysseas Michaelides’ dismissal has ignited significant debate. The Cyprus Bar Association has pledged to fiercely protect judicial independence amidst this uproar. Key points from their statement: - They condemn any efforts to undermine the integrity of Supreme Constitutional Court members. - Highlight the vital role of justice in upholding democracy and the rule of law. - Emphasise that while criticism is allowed, it must be constructive and in good faith. Ensuring a robust judicial system is crucial for a democratic society. Let’s strive for constructive dialogue and uphold the values that define our legal framework. For more insights or legal support, reach out to us at [email protected] or send a DM. #JudicialIndependence #CyprusLaw #RuleOfLaw #Democracy #LegalIntegrity

The General Court of the EU has confirmed today that "the prohibition on providing legal advisory services to the Russian Government and to entities established in Russia is valid. The General Court confirms the importance of the fundamental right of all persons to be advised by a lawyer for the purposes of conducting, pre-empting or anticipating judicial proceedings and finds that the prohibition at issue does not call that right into question." The Court "clarifies in that regard that the general prohibition on providing legal advisory services to the Russian Government or to legal persons, entities or bodies established in Russia does not concern legal advisory services provided in connection with judicial, administrative or arbitral proceedings. The prohibition thus applies only to legal advice that has no link with judicial proceedings. The General Court adds that legal advice provided to natural persons, in particular, does not fall within the scope of the prohibition." #warinUkraine #ruleoflaw #CJEU #europeanlaw Judgment of 2 October 2024 in Cases T-797/22, T-798/22, T-828/22 Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council. https://lnkd.in/dFdQK7gb

Can the Preamble of the Constitution be amended during an emergency? Explore constitutional, legal, and ethical questions surrounding the 42nd Amendment. To read full article click link below 👇 https://lnkd.in/dRHNhw6n . . Lawstreet Journal #lsjknowthelaw #lawstreetj #42ndAmendment #ConstitutionalDebate #PreambleAmendment #IndianConstitution #EmergencyPolitics #LegalEthics #BasicStructureDoctrine #ConstitutionalLaw #DemocraticPrinciples #HistoricalLegislation #india