The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from official national legal publications, and reliable press sources. You can find previous news by searching the Global Legal Monitor.

For questions about articles or copies of materials in the Law Library’s collections, contact us at glm@loc.gov.

Current News

Israel: Extension of Temporary Provision for Electronic Monitoring of Persons Released on Bail

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403618_text

(June 12, 2013) On April 30, 2013, the Knesset (Israel's parliament) passed the Electronic Monitoring of Persons Released on Bail from Arrest and from Imprisonment (Temporary Order) (Amendment No. 3) Law 5773-2013. Amendment No. 3 extends to March 1, 2014, the application of the law on electronic monitoring, which had originally been enacted in July 2009 and periodically extended. (Electronic Monitoring of Persons Released on Bail from Arrest and Those Released from Imprisonment (Temporary Order) (Amendment No. 3) Law 5773-2013 [in Hebrew], Knesset website; for the original text of the law in Hebrew, see SEFER HAHUKIM [BOOK OF LAWS, Israel's official gazette] 5771, No. 2202, 2009 at 154.)

The law authorizes the Prisons Authority to monitor persons who were released on bail through the use of electronic devices to ensure compliance with bail conditions that may restrict such persons' exit to or entry into specific venues. The Prisons Authority, accordingly, may, among other activities, control the operation of electronic monitoring as well as coordinate the activities of various bodies that participate in operating the monitoring. (SEFER HAHUKIM, supra.)

Author:

Ruth Levush More by this author

Topic:

Criminal law and procedure More on this topic

Jurisdiction:

Israel More about this jurisdiction

Back to Top

Israel: Heavy Penalty for Violation of Smoking Ban in Public Places

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403617_text

(June 12, 2013) On May 20, 2013, the Supreme Court of Israel approved a plea bargain that included an unprecedented high amount of compensation in a class-action suit for violation of the prohibition on smoking in public places, in accordance with the Prevention of Smoking and Exposure to Smoking Law (5743-1983) (hereinafter Anti-Smoking Law). (CA 2150 Litvik v. Bella Shlomkin (Decision of the Supreme Court, June 6, 2013) [in Hebrew], The State of Israel: The Judicial Authority website; Prevention of Smoking and Exposure to Smoking Law (5743-1983, as amended) [in Hebrew], NEVO LEGAL DATABASE (by subscription).)

The Anti-Smoking Law imposes specific requirements on persons who manage, either as owners or lessees, restaurants, cafes, clubs, discothèques, and other public venues where food and drink are served to prevent patrons from smoking and from being exposed to smoking. The defendant, an operator of a club that serves food and drink, was found by the District Court (Central) in 2011 to have violated the Anti-Smoking Law and was fined NIS90,000 (about US$25,000), plus lawyers' fees. (File 4398-09-08 Litvik v. Bella Shlomkin [in Hebrew], TAKDIN LEGAL DATABASE (by subscription).)

In an appeal of the district court decision, the Supreme Court approved an increase of the fine to NIS1,160,000, "based on the calculation of the number of people exposed to secondhand smoke – 1,160 – multiplied by the compensation of NIS1,000 for each." (Judy Siegel-Itzkovich, Court Orders 10-Fold Increase in Smoking Compensation, THE JERUSALEM POST (June 7, 2013).) The money was reportedly going to be used by the Israeli War Against Cancer Association to expand "its broad activities against tobacco, which is the No. 1 preventable cause of death in Israel." (Id.)

Author:

Ruth Levush More by this author

Topic:	Environment More on this topic
	Health and safety More on this topic
	Tobacco and smoking More on this topic

Jurisdiction:

Israel More about this jurisdiction

Back to Top

European Union: Latvia Will Join the Euro in 2014

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403615_text

(June 12, 2013) On June 5, 2013, a press release presented the conclusion of the European Commission's Convergence Report on Latvia that Latvia "has achieved a high degree of sustainable economic convergence with the euro area." Based on the Convergence Report, the Commission proposed that the Council of the European Union reach a decision on Latvia's adoption of the euro by January 1, 2014. (Press Release, European Commission, IP/13/500, Commission Concludes That Latvia Is Ready to Adopt Euro in 2014 (June 5, 2012), RAPID; EUROPEAN COMMISSION, CONVERGENCE REPORT 2013 ON LATVIA (2013).)

The Convergence Report, which was drafted by the Commission at the request of Latvia in March 2013, assesses Latvia's performance with regard to the criteria that must be met by a country prior to joining the euro zone as prescribed in the Lisbon Treaty and in the Protocol on the Convergence Criteria annexed to the Treaty. (Press Release, supra.) These requirements include meeting four economic criteria: price stability and the inflation rate, the state of the government's budget, the exchange rate, and the long-term stability rate. (Consolidated Version of the Treaty on the Functioning of the European Union, art. 140, 2012 O.J. (C 326) 47.)

In the area of price stability and the inflation rate, the Commission noted that in the 12 months prior to April 2013, the inflation rate in Latvia was 1.3%, which is well below the required reference value of 2.7%. Nevertheless, the Commission recommended that Latvia take extra care to avoid an increase in inflation. (Press Release, supra.)

With regard to government debt and deficit, the Commission noted that Latvia's ratio of government deficit to gross domestic income (GDP) in 2010 peaked at 8.1%. A decrease to 1.2% for 2012 was noted. The ratio is expected to remain at the same level in 2013. At the end of 2012, the general government debt amounted to 40.7% of GDP. (Id.)

Latvia's long term interest rate from April 2012 to April 2013, was 3.8%, which is below the reference value of 5.5%. Latvia has also exceeded the two-year minimum participation requirement for its exchange rate, because it has been part of the Exchange Rate Mechanism since 2005. (Id.)

The Treaty specifies that additional factors must be considered, such as market integration and balance of payments, to assess whether an EU Member meets the eligibility criteria. The Commission noted that Latvia's legislation on related monetary issues is in line with EU legislation. (Id.)

A number of steps must be followed before a final approval is given for Latvia to join the euro zone. First, the European Parliament must provide an opinion on the matter, and then the euro and finance ministers of the 17 Members States of the eurozone must also approve a recommendation in favor of Latvian membership. The EU Economic and Financial Ministers (ECOFIN) Council will make a final decision on the matter after EU high officials discuss Latvia's adoption of the euro, during the next meeting of the European Council, set for June 27-28, 2013. (Id.)

Author:

Theresa Papademetriou More by this author

Topic:

Government finance More on this topic

Jurisdiction:

European Union More about this jurisdiction

Back to Top

Cambodia: Criminalizing Denial of Atrocities

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403614_text

(June 12, 2013) On June 7, 2013, the National Assembly of Cambodia adopted legislation criminalizing the denial of the Khmer Rouge regime's atrocities. Violation of the new law could result in a sentence of up to two years in prison. In addition, in theory the new law could make it impossible for former Khmer Rouge members to serve in high office. (Faine Greenwood, Cambodia Passes Law Banning Genocide Denial, GLOBAL POST (June 7, 2013).)

The vote was unanimous among those legislators that were present, but minority representatives, from the opposition Cambodia National Rescue Party (CNRP), had been excluded from the legislature. (G. Redd, Cambodia Criminalizes Denial of Khmer Rouge Atrocities, PAPER CHASE NEWSBURST (June 7, 2013).) The expulsion of the members resulted when a committee controlled by the Cambodian People's Party (CPP), the ruling group, stated that the opposition assembly members had to depart because they had left their prior political parties to join a new, combined party in advance of the July 2013 general elections. (Cambodian Legislators Pass Bill Making Denial of Khmer Rouge Atrocities a Crime, THE WASHINGTON POST (June 7, 2013).)

Speaking about the legislation, Prime Minister Hun Sen, leader of the CPP, said that he wants to be able to punish anyone who denies that during the 1970s the regime then in power committed atrocities that are reported to have resulted in 1.7 million deaths. (Redd, supra.) The bill has been criticized by the nongovernmental organization Human Rights Watch as a political mechanism, designed to make it seem that the CNRP is sympathetic to the Khmer Rouge in general. Hun Sen's additional remark, for example, that some of the views of CNRP on the banking system are similar to those of the Khmer Rouge, is interpreted by some observers as having such a political motivation. (Id.)

The legislation did follow a controversial statement by an opposition leader. Ken Sokha, the leader of the CNRP, claimed on May 20 that the museum about the Khmer Rouge genocide, in the former Tuol Sleng prison of Phnom Penh, has a "staged" exhibit. He later explained that his statement was taken out of context and that he did not doubt "the torture and cruelty that the Khmer Rouge inflicted on Khmer people." (Abby Seiff, The Denial Law Dilemma, THE PHNOM PENH POST (June 7, 2013).)

While a number of other nations have laws criminalizing denial of past crimes against humanity and other atrocities, in most cases there is a reference in the nation's constitution prohibiting such denial. Panhavuth Long, a program officer of the Cambodian Justice Initiative, speaking before the bill passed, said that is not the case in Cambodia. "According to the constitution, every law has to be in line with the constitution. … That kind of proposed law [punishing denial] violates the principle of freedom of expression." (Id.) The Cambodian Justice Initiative is described as "working with Cambodians to ensure that the trials of the surviving former leaders of the genocidal Khmer Rouge regime are independent, legitimate, and fair, and perceived as such, in order to bring justice to the victims of the Khmer Rouge mass atrocities." (Cambodia Justice Initiative, Bridges Across Borders Cambodia website (last visited June 10, 2013).)

Author:

Constance Johnson More by this author

Topic:	Freedom of speech More on this topic
	Genocide More on this topic

Jurisdiction:

Cambodia More about this jurisdiction

Back to Top

Rwanda: Proposal to Amend Refugee Law

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403613_text

(June 12, 2013) The Government of Rwanda recently proposed legislation aimed at amending the country's refugee law, Law No. 34/2001 of July 5, 2001 [in French] (REFWORLD) and its amendment, Law No. 29/2006 of July 20, 2006, (REFWORLD). (James Karuhanga, Government Reviews Refugee Law, THE NEW TIMES (June 10, 2013).) If adopted, the legislation will accord refugees in Rwanda additional key protections. (Id.)

A notable provision in the proposed legislation would protect refugees from expulsion to a jurisdiction where their lives would be in danger; this is also known as the principle of non-refoulement. (Id.) The provision specifically states: "no refugee shall be expelled or returned in any manner whatsoever to the frontiers of the territories where their life or freedom would be threatened on account of race, religion, nationality, membership of à [sic] particular social group or political opinion." (Id.)

Another notable provision seeks to shield refugees from any penalty for illegal entry into or presence in Rwanda. (Id.)

Rwanda is currently hosting over 57,600 refugees, the majority of whom are from the Democratic Republic of Congo (DRC), in four camps: Gihembe, Kiziba, Nyabieke, and Kigame. (2013 UNHCR Country Operations Profile – Rwanda Working Environment, Office of the United Nations High Commissioner for Refugees website (last visited June 10, 2013).)

Author:

Hanibal Goitom More by this author

Topic:

Refugees and asylum More on this topic

Jurisdiction:

Rwanda More about this jurisdiction

Back to Top