Handover of Power - Justice E-Book

Andreas Seidl

• Herausgeber: Books on Demand
• Kategorie: Fachliteratur
• Serie: Handover of Power - European Version
• Sprache: Englisch
• Veröffentlichungsjahr: 2022

Seitenzahl: 181

Beschreibung

Justice rethought Do you also sometimes worry that you would not be able to afford court proceedings at all? And do you also wish for justice that is unprejudiced and balancing? What judicial policy can make the jurisprudence more democratic? This book tells us: ... what a democratic constitutional state can look like, in which the citizens change or abolish laws - depending on their effectiveness - and elect their judges directly. ... how appropriate penal laws can prevent good from having to be prohibited just because there are bad people who behave unlawfully. ... what kind of penal system can compensate victims, rehabilitate offenders and bring revenues to the state budget. After 20 years of work on this book series, Andreas Seidl thus ventures a step towards founding a party. In doing so, he entertains his readers both intellectually and visionarily. If this work can give you hope, inspire you or move you to action, it has fulfilled its purpose. Available in German and English

Leseprobe

For You

Volume 1: Summary

Volume 2: Derivation

Volume 3: Constitution

Volume 4: State Organisation

Volume 5: Digital

Volume 6: Media

Volume 7: Labour

Volume 8: Planned Economy

Volume 9: Social Market Economy

Volume 10: Barter Economy

Volume 11: Free Market Economy

Volume 12: Finance

Volume 13: Innovation

Volume 14: Education

Volume 15: Health

Volume 16: Infrastructure

Volume 17: Security

Volume 18: Justice

Volume 19: Foreign Affairs

Volume 20: Integration

Volume 21: Family

Acknowledgements

My thanks go to my family and friends who have made me who I am today. Special thanks to all those who supported me in writing this book. I would like to thank all my classmates, teachers, fellow students, lecturers, demonstrators, activists, colleagues, companies and countries with whom I have had the privilege of sharing the experiences from which all the ideas in this book have emerged. I would like to thank the staff of Books on Demand for their kind helpfulness. I thank the citizens of Seligenstadt for the harmony and solidarity in which I was able to write.

Foreword

This policy concept contains a variety of proposals for possible political reforms. It can be peacefully and democratically adapted to any current political system of any state in the world, but also to political systems in families, clubs, associations or companies. Wherever humans make or submit to rules that manage living together, the following proposals can be helpful. Readers who find the proposals so helpful that they would like to implement them together with like-minded people can contact the author. The contact form on the last page can be used for this purpose.

Faults and defects

I ask for your understanding that this volume was not professionally proofread. I could only afford professional proofreading for the summary. Spelling errors and unfortunate phrasing may therefore occur. As soon as this volume has sold enough to pay for a professional proofreading, it will be done. After that, a new edition will be published.

English version

Please understand that this volume has been translated automatically. I could only afford a professional translation for the summary. Poor wording and spelling errors may therefore occur. In case of doubt, the German version shall prevail. As soon as this volume has sold enough to pay for a professional translation, it will be done. After that, a new edition will be published. It was more important to me that no one in the world should have an information advantage than individual translation errors in the complete work.

References

If something has been quoted directly, it is set in italics. If the headings contain footnotes, the sources for direct and indirect quotations apply in the chapter for which the heading stands. Otherwise, quotations or source references are directly at the word or at the end of the sentence or paragraph. This book contains parts of text based on the Federal Constitution of the Swiss Confederation of 18 April 1999 (as of 12 February 2017), abbreviated to BV1 and the Constitution of the Canton of Bern of 6 June 1993 (as of 11 March 2015), abbreviated to KV2 .

If the constitutional paragraph, or individual paragraphs thereof, are based in whole or in part on extracts from the BV or KV, this is indicated in a footnote. The references to the corresponding footnotes for constitutional paragraphs are usually found after the heading of the affected chapter and sometimes in the body of the text. Articles used in the Swiss constitutions are listed in the footnote with a number after the title of the constitutional paragraph. Example: §123 Sample title: BV Art.123, KV Art.123.

All internet sources are fully cited in the footnotes. They were last accessed on 30.09.2021. All literature sources are also listed in full in the footnotes.

All references to tasks undertaken by other ministries and described in more detail there are given in footnotes. Example: Model Ministry - 1.2.3 Model Chapter.

All footnotes are to be viewed in comparison to the respective source, so-called indirect quotations. Direct quotations are set in italics, but hardly ever occur. The source reference is intended to enable further investigation and to take copyright into account.

All keywords used, based on the names of the responsible units, departments and ministries of Germany, are listed at the end of this volume in the chapter on the conversion of ministries.

1 This is not an official publication. Only the publication by the Swiss Federal Chancellery is authoritative. https://www.fedlex.admin.ch/eli/cc/1999/404/de On 14.12.2021

2 This is not an official publication. The Bernese Official Collection of Laws is authoritative. https://www.belex.sites.be.ch/frontend/versions/2420?locale=de#ART71 On 16.12.2021

Table of contents

1 Goals of the Ministry of Justice

2 Departments

2.1 Central Department

2.1.1 Staff

2.1.2 Organisation

2.1.2.1 Audit services

2.2 Management Department

2.3 European Department.

2.3.1 European jurisdiction

2.3.2 European law enforcement

2.4 Foreign Department

2.4.1 International jurisdiction

2.4.2 International law enforcement

2.4.2.1 Extradition requests.

2.5 Lawmaking Department

2.6 Jurisprudence Department

2.7 Prison Department

3 Tasks of the Ministry of Justice.

4 Principles of the rule of law

4.1 Predictability

4.2 Transparency

4.3 Legal certainty.

4.4 Proportionality

4.5 Impartiality

4.6 Ladder of norms

4.6.1 Constitution.

4.6.2 Laws.

4.6.3 Court decisions

4.6.4 Regulations

4.6.5 Municipal laws

4.6.6 Statutes

4.6.7 Administrative instructions

4.6.8 Service instructions

4.6.9 Habits

4.7 Law Directory

4.7.1 State profiles.

4.7.2 Private profiles

4.7.3 Groups

4.7.4 Formulation of improvements

4.8 Areas of law.

4.8.1 Civil law.

4.8.2 Criminal law

4.8.3 State law.

4.8.4 Constitutional law

5 Court proceedings

5.1 Legal process

5.2 Public hearings

5.3 Remand.

5.4 Courts.

5.4.1 Court centres

5.4.2 Arbitration Court.

5.4.3 Municipal Courts.

5.4.4 Remit Courts

5.4.5 National Court of Justice

5.4.5.1 International affairs

5.4.5.2 Committee of enquiry.

5.4.6 Constitutional Court

5.5 Court Directory

5.5.1 Rate judgments

5.6 Court staff.

5.6.1 Judge

5.6.1.1 Necessary qualifications.

5.6.1.2 Eligibility

5.6.1.3 Voting rights

5.6.2 Lay judges

5.6.2.1 Selection

5.6.2.2 Teamwork

5.6.3 Public prosecutor’s office

5.6.3.1 Charges against security agencies

5.6.4 Lawyers

5.7 Financing

5.7.1 Criminal and constitutional law

5.7.2 Civil and state law

5.7.3 Commercial legal protection

5.7.4 Hopeless legal challenges

5.7.5 Court costs.

5.7.6 Lawyer’s fee

5.7.7 Legal expenses insurance

5.8 Assessment of the damage

5.8.1 Material damage.

5.8.2 Psychological damage

5.8.3 Example robbery

6 Clemency law.

6.1 Pardon.

6.2 Amnesty

6.3 Suicide

7 Penal forms

7.1 Compensation payments

7.2 Monetary fine

7.3 Occupational ban

7.4 Community service

7.5 Detention

7.5.1 Restriction of rights

7.5.2 Assessment of the duration of detention

7.5.3 Security guards

7.5.4 Finance

7.5.5 Prison building.

7.5.5.1 Cell

7.5.5.2 Multimedia system

7.5.5.3 Hospitals

7.5.6 Detention conditions

7.5.6.1 Relocation

7.5.6.2 Visit

7.5.6.3 Daily routine.

7.5.7 Speech ban

7.5.7.1 Accompanying voice

7.5.8 Collars

7.5.8.1 Monitoring devices

7.5.8.2 Warning signals

7.5.8.3 Sleeping aid injection

7.5.9 Punitive measures.

7.5.10 Work

7.5.10.1 Costs and profits

7.5.10.2 Educational level and risk potential

7.5.10.3 Low level of safety

7.5.10.4 High level of safety

7.5.11 Further education.

7.5.11.1 Training.

7.5.12 Psychotherapy

7.5.12.1 Forms of therapy

8 Criminal law of the ministries

8.1 Ministry of Labour

8.1.1 Confidentiality of the Company Auditing Agency

8.1.2 Bribery

8.1.3 Corporate criminal law.

8.1.3.1 Violations

8.1.3.2 Sentences.

8.1.3.3 Ruinous circular economy.

8.1.3.4 False promises

8.1.3.5 Damage to humans and nature

8.1.3.6 Waste disposal

8.1.4 Insolvency delay

8.1.5 General Terms and Conditions (GTC).

8.1.6 Right to have fun at work.

8.1.7 Insurances

8.1.8 Finance economy

8.2 Ministry of Foreign Affairs

8.2.1 European business law

8.2.2 International business law

8.2.3 Ban on spying

8.2.4 Air traffic

8.2.5 Intergovernmental punitive measures

8.3 Ministry of Education

8.3.1 Education and research law

8.3.2 Right to education

8.4 Ministry of Digital Affairs

8.4.1 Digital crime

8.4.2 Data access

8.4.3 Anonymisation.

8.4.4 Manipulation of opinion on the intranet

8.5 Ministry of Family Affairs

8.5.1 Care

8.5.2 Family and marriage.

8.5.3 Age of criminal responsibility

8.5.4 Child welfare endangerment.

8.5.4.1 Minor offences

8.5.4.2 Serious offences

8.5.4.3 Taking into custody.

8.5.4.4 Detention

8.5.5 Juvenile criminal law

8.5.6 Youth Protection Act

8.5.7 Sexual offences

8.5.8 Public nuisance

8.5.9 Doping in competitive sport

8.6 Ministry of Finance

8.6.1 Taxes

8.6.2 Public finances

8.7 Ministry of Health

8.7.1 Pollution

8.8 Ministry of Infrastructure

8.8.1 Mining law.

8.8.2 Building law.

8.8.3 Disposal of contaminated sites

8.8.4 Energy

8.8.5 Criminal traffic law

8.8.6 Admission to electricity and broadband

8.9 Ministry of Innovation

8.9.1 Product piracy

8.9.2 People’s Innovation Company bankruptcies

8.9.3 Procrastination of innovation

8.10 Ministry of Integration

8.10.1 Identity cards

8.10.2 Departure.

8.10.3 Expired visa

8.10.4 Deportations

8.10.5 Disregard of the entry ban

8.10.6 Sects.

8.10.7 Religious crimes

8.10.8 Incitement of the people

8.11 Ministry of Justice

8.11.1 Liability

8.11.2 Prison law.

8.11.3 Judicial criminal law.

8.11.4 Equal treatment

8.11.5 Mobbing

8.11.6 Negative externalities

8.12 Ministry of Media Affairs

8.12.1 Manipulation of opinion

8.12.2 False reports

8.12.3 Biased reporting

8.13 Ministry of Security.

8.13.1 Administrative offences

8.13.2 Arms industry

8.13.3 Duty of security agencies to provide information

8.13.4 Organised crime.

8.13.5 Triggering disasters

8.13.6 Violence against security forces.

8.13.7 Riot

8.13.8 Unconstitutional behaviour of the military.

8.13.9 War crimes

8.14 Ministry of State Organisation

8.14.1 Violation of the obligation to vote

8.14.2 Abuse of office

8.14.2.1 Public liability

8.14.2.2 Disregard for the will of the people

8.14.3 Bribery of state employees

8.14.4 Non-transparent lobbying

8.14.5 State Protection Criminal Law

8.14.5.1 Arbitrary rule

8.14.5.2 Revolt

8.14.5.3 Coup.

8.14.5.4 Coup d’état

8.15 Ministry of Barter Economy

8.15.1 Pollution in the Barter Economy

8.16 Ministry of Planned Economy.

8.16.1 Social law

8.16.2 Social fraud

8.16.3 Nepotism

8.16.4 Favouritism

8.16.5 Blasphemy

8.17 Ministry of Social Market Economy

8.17.1 Corporate criminal law of the Social Market Economy

8.18 Ministry of Free Market Economy

8.18.1 Visa overstay for guest workers

9 Switching to the new system.

9.1 Foundation of the legal expenses insurance

9.2 Division of the laws.

9.3 Abolition of the suspended sentence

9.4 Judicial control

9.5 Election of the judges

9.6 Reallocation of the courts

9.7 Changes in detention

9.8 Conversion of the old ministries

9.8.1 Federal Ministry of Justice and Consumer Protection

9.8.2 Bavarian State Ministry of Justice

Contact form

1 Goals of the Ministry of Justice

The Ministry of Justice aims to provide the people with a legally secure environment in which citizens gain confidence in the justice of the applicable norms. The Ministry of Justice ensures retribution when injustice is reported and also ensures that such injustice is not repeated in the future, if the unclear legal situation is to blame. In this way, it takes away the fear of being treated unjustly by the state or fellow human beings, or of having to live in fear of revenge.

As part of the judiciary, the Ministry of Justice aims to be the judicial power in the state, which has an undivided monopoly among the ministries for this purpose. It can discipline other ministries and citizens to comply with the applicable norms through sentences. The Ministry of Justice aims to create forms of punishment that are capable of parenting offenders into non-punitive humans and treating psychological damage in offenders and victims.

Through its funding methods, the ministry aims to achieve the goal of cost recovery or 10% profit margin. Connected to the goal of cost recovery or profit financing of the administration of justice and the penal system is the goal of motivating the people towards justice. By making certain areas of law Taxfunded, it makes sense for citizens to behave justly or not let injustice happen in order to reduce taxes. In the penal system, prisoners usually work on major projects for the state. In this way, they morally excuse themselves to society because they make up for their damage through their benefit.

2 Departments

The departments are divided into sub-departments and enumerations are usually considered as their individual units. Many tasks of some departments are completely taken over by other ministries as a service.

2.1 Central Department

Part of the Central Department is the reception office with the courier and mail room, which directs all concerns, broadcasts and visitors to the appropriate place in the ministry.

2.1.1 Staff

The Human Resources Department is responsible for staff development and planning. For this purpose, it takes care of the recruitment of junior staff, intern and trainee programmes as well as the selection procedures for employees and special selection procedures for applicants with disabilities. For politicians and employees, the department prepares a job plan. In all its tasks, it works in voting with the personnel board.3

All other personnel matters are transferred to the respective ministries. The Ministry of Education is responsible for the training and further education of employees for the state service.4 The Ministry of Labour takes over the service law.5 This includes the labour and collective bargaining law for employees in the state service, remuneration, personnel administration of all careers and employees, flexitime, holiday and sickness records, working time with or without flexitime in part-time or full-time at the place of work or in home work. The Ministry of Infrastructure provides housing assistance for all state employees.6 The Ministry of Finance’s Pay Office takes care of employees’ salary, expenses, travel and relocation costs.7

The Ministry of Education provides childcare for all employees in the state service.8

The Ministry of Health is responsible for the occupational health service.9 It ensures occupational health management, deals with the treatment, education and prevention of occupational accidents, controls and provides occupational health and safety through the health auditors10 of the Company Auditing Agency11 .

2.1.2 Organisation

The ministries of media, justice, finance, labour, state organisation provide audit services for quality management in the ministry, evaluation of work performance, revenues and expenditures, as well as prevention of corruption, protection against sabotage and, if necessary, disciplinary matters.12

The Ministry of Labour regulates procurement law and ensures corruption-free state orders and procurement.13 The Ministry of Finance organises the annual budget vote and ensures proper accounting in each ministry.14 It regulates budget procedures, budget law, staff budgets, departmental budgets, costs and cash management, and assists ministries in budget planning for the budget vote. The language service for translating talks or texts is provided by the Ministry of Education.15

The Ministry of Digital Affairs supports the supply of Information Technology.16 In voting with the Procurement Office of the Ministry of Labour, it takes care of the procurement, provision, maintenance and service of technical devices and software. Much of this is produced in-house to ensure data protection in information and communication technology. Information technology and digitalisation officers audit and advise the ministries. Digital appointment calendar and documentation services are provided as well as a digital policy archive including a library.

3 Ministry of State Organisation - 2.1.1.1 Personnel board

4 Ministry of Education - 2.1.1.1 Education and training for the state service

5 Ministry of Labour - 4 State enterprises, 13 Labour Directory

6 Ministry of Infrastructure - 2.1.1.1 Housing assistance for state service employees

7 Ministry of Finance - 2.1.1.1 Staff remuneration

8 Ministry of Education - 2.1.1.2 Childcare for state service employees

9 Ministry of Health - 2.1.1.1 Occupational Health Service

10 Ministry of Labour - 20.7.2 Health auditor

11 Ministry of Labor - 20 Company Auditing Agency

12 Ministries of Media, Security, Justice, Finance, State Organisation - 2.1.2.1 Audit services

13 Ministry of Labour - 6 Procurement Office

14 Ministry of Finance - 8 state revenues, 9 state expenditure

15 Ministry of Education - 2.1.3 Language Service

16 Ministry of Digital Affairs - 2.1.2.1.1 Supply of Information Technology

2.1.2.1 Audit services

The Jurisprudence and Prison Departments provide independent review of courts and prisons and receive complaints from participants. The Public Prosecutor’s Office of the National Court of Justice is empowered as an independent audit service to investigate and prosecute state institutions.

2.2 Management Department

The Management Department is the minister’s department. With his office team, he provides policy planning and analysis for his ministry and coordinates the relationship between the nation and the municipality through exchanges with his deputies in the municipalities. He initiates cooperation with other ministries or citizens in committees and is supported by the Ministry of State Organisation.

The Ministry of Media Affairs, through its media service, provides press and public relations for the ministry, moderates civil dialogue, trains or provides a spokesperson for the minister, writes speeches and texts on request, and ensures the implementation of conferences and events.17

The Ministry of Digital Affairs is responsible for digital management and thus provides departmental management. It automatically produces business statistics, staff surveys and the current state of research through statistics. It automatically forwards proposals to the affected or empowered state employees. In document management, it ensures digitalisation and that ministries share forms with each other.18

2.3 European Department

The European Department regulates all intergovernmental legal procedures between Member States of the European Union that are not part of the European legal procedures. The Ministry of Foreign Affairs ensures the constant transmission of the latest information on current European policy affecting the ministry in question, applicable European Union law and all European Union funding programmes that are starting or in progress.19

The European Department decides whether to adopt, adapt or reject existing European Union law in the areas of judicial cooperation in civil matters20 , judicial cooperation in criminal matters21 , judicial reform and the fight against corruption and organised crime22 , human rights23 , fraud and corruption24 .25

2.3.1 European jurisdiction

Human rights cases in civil, criminal, constitutional and state law are heard by the European Court of Human Rights. If the dispute concerns an European Union patent, the case is heard by a unified patent court of the European Union. Questions of principle and European Union law are heard by the European Court of Justice if the European Union has responsibility in the area of law affected. The European Public Prosecutor’s Office, based at the European Court of Justice, is responsible for court proceedings in European criminal and state law.

2.3.2 European law enforcement

In cooperation with the European ministers for justice and security, the fundamental issues of European criminal law policy are negotiated and established uniformly as national laws in all member states. If the ministries of justice and security are communitarised, the laws will apply throughout Europe. The member states communitarise their national central registers for criminal offences in a European central register. For this purpose, the Ministry of Justice provides the data from the Court Directory26 and the Ministry of Security provides the data from the Investigation Directory27 .

2.4 Foreign Department

The Foreign Department regulates all intergovernmental and international legal proceedings that are not part of the European legal proceedings.

2.4.1 International jurisdiction

In voting with the Ministry of Foreign Affairs, the Ministry of Justice determines the responsibility of international courts and their jurisprudence in accordance with applicable international law. The Ministry of Foreign Affairs ensures the participation of the nation in the creation and implementation of international law in cooperation with the United Nations28 . The law of international law and international treaties is pronounced in national courts, unless international courts have been created for this purpose. All international courts must be subject to the law of the international organisations that operate them. If there are no such international organisations, the Ministry of Justice, in voting with the Ministry of Foreign Affairs, is responsible for drafting, in cooperation with the affected states, rules governing the responsibility and functioning of the international courts to be created.

2.4.2 International law enforcement

In international law enforcement, the Ministry of Foreign Affairs, in voting with the Ministry of Justice, facilitates cooperation with the responsible foreigner security and justice authorities and international courts. This primarily involves cooperation in the area of legal assistance, for example for the taking of evidence, as well as in the area of enforcement