In Calvelli and Ciglio v Italy, where the applicant complained that the state had failed to prosecute a doctor whose negligence allegedly caused the death of his baby, the Court held that the state's positive obligation under Article 2 to protect life required regulations in place to safeguard patients» lives and to provide
an independent judicial system which can determine the cause of death of patients in the care of the medical profession.
According to its 2013 Constitution, Zimbabwe has
an independent judicial system whose decisions are binding on other branches of government.
A majority of the Court held that Slovenia's failure to provide an effective
independent judicial system to determine responsibility for the death of a patient receiving medical treatment violated Article 2 even though the death itself took place before the Convention came into force in that state.
Maintaining
an independent judicial system is neither easy nor simple.
Not exact matches
Far from just being rule takers, the EEA
system gives you full single market access (except for agriculture and fisheries) inside a
system of
independent institutional consultation and
judicial mechanisms.
However to me (as a Czech resident) this criticism seems a bit strange since in the Czech Republic judges have always been nominated directly by the executive (subject to approval by the Parliament) and therefore the
judicial system has never really been
independent in the first place.
«An
independent investigation is essential given the flaws and political interference in Honduras»
judicial system,» said Billy Kyte, Senior Campaigner for Global Witness.
The court
system of Canada forms the
judicial branch of the federal, provincial and territorial governments and is
independent of the legislative and executive branches of government.
As noted in Part I, the notion of transparency has long been entangled with the integrity of the justice
system, as the democratic legitimization of
judicial power flows from the public's collective confidence in the legal
system as an impartial and
independent arbiter of rights.
«For this reason, I'm not convinced that the UNCITRAL rules are the solution; the DRC must first establish a state of law and
judicial system which exists
independent from the government.»
It provides an excellent opportunity for the profession to educate the public about the vital role that lawyers and the judiciary serve in guaranteeing an open,
independent and unbiased
judicial system.
RMVLC operates as
independent legal counsel charged to protect the legal rights and best interests of the victim through a broad - based approach grounded in litigation, creative problem solving, and extensive knowledge of the
judicial system.
The two competing considerations here are the integrity of an adversarial
system that lets the parties make their own cases and, crucially for Justice Rothstein, thereby allows «
judicial decision - makers remain
independent and impartial and are seen to remain
independent and impartial» (par.
If the host state fails to provide these protections, an investor can submit an investment dispute for arbitration by an
independent panel instead of the host state's domestic
judicial system.
This common - sense reform will strengthen the U.S. patent
system by allowing
independent inventors to seek their rewards through our
judicial system while curbing the patent abuse from patent profiteers.