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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management.

This paper describes the urgent need of skilled managers for court management and administration in an Indian context. The identification of the gap in skilled manpower and the availability of a structured learning platform at a master’s level is also discussed in the paper. In addition, the detailed process that the university adopted in developing the programme objectives, structure and curriculum is also explained.

Educational innovations are rare. This programme is one-of-its-kind in India. NALSAR University of Law introduced this programme after a rigorous screening and evaluation process. This paper highlights the importance of proper planning and execution in introducing innovative programmes. The paper also highlights the acceptance that the programme received from all stakeholders due to its relevance and diligent planning.

This paper makes an attempt to provide the detailed workflow that any university should undertake prior to launching any programme. The importance of identifying relevant stakeholders, the process of developing a programme, curating and conducting the process for best outcomes, with an emphasis on the contribution that a university can make is discussed in detail.

MBA in Court Administration and Management offered by NALSAR University of Law is unique as similar programmes are not offered by any other university in India. Thus, this paper is a novel contribution in highlighting the development and launch of the programme in Asia.

This paper seeks to investigate the work performed by French Cour des comptes magistrates as part of performance audits. The research objective is to understand who the magistrates are, what they do, how they do what they do, how they perceive their role, what authority they feel they can claim, and how, through performance audits, they try to influence the way the organisations they visit are run.

In addition to 35 interviews conducted with Court magistrates (based on a semi-structured interview questionnaire) and non-participant observation, public documentation was analysed. To understand how magistrates perform their tasks at the Court, basic theories on influence processes and theories on decision making developed by Herbert A. Simon were applied.

After exploring the universe in which magistrates of the French Cour des comptes operate, it appears that their undertaking of performance audits has engendered a host of competing visions: the transition to modernity has to occur. The Court presents itself officially as a supreme audit institution but it acts as a grand corps de l ' État (senior branch of the Civil Service). Magistrates come to the Court of their own accord and make every effort to avoid being viewed as control professionals. The Court openly positions itself as a “judge of management”, wishing to impose its jurisdictional authority on activities that are essentially professional in character. A migration from traditional roles is observed: the role of the Court as a critic of the Administration has been sidelined. In addition, the magistrates claim to be judges when they are in the ambit of the Court, but shed this role for that of “catalysts of change” when they interact with representatives of the organisations audited.

The research is based on a detailed analysis of a specific context. This may limit the wider applicability of the findings. However, the data gathered from the French experience could be useful for other supreme audit institutions (SAIs) whose status is equivalent to that of the Court, or whose mandate has expanded in the past decade.

This study lifts the veil on the performance audit practice at one of the numerous supreme audit institutions. In addition, the French context has received scant attention from researchers.

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present the scenario of technology adoption in the court of law with special reference to Malaysia. It also aims to illustrate the intelligent use of technology to advance the pace of the administration of court reflected in w‐Shariah project in Shariah Court systems in Malaysia through various electronic applications, and finally propose an ICT adoption framework based on an information systems (IS) theory.

This research adopts a qualitative case study approach to explore the scenario of information technology (IT) adoption in the court of law in Malaysia through semi‐structured interviews, observation and document reviews. Data gathered provide an understanding of how technology is used in the court workflow as well as the whole life‐cycle management of records in Shariah Court. This case study covers the management of records in Shariah courts of Kuala Lumpur and Putrajaya. It involves personal observations on the whole life‐cycle of court room technology management.

Five e‐Shariah modules were applied in 110 Shariah courts in Malaysia in 102 locations nationwide, using the electronic government network called EG*Net. E‐Shariah applications managed to standardize work environment in Shariah courts and link all the business processes on a single channel. Case clearance rate has risen significantly since then.

This research is limited to the electronic applications in Shariah Court system, the secondary legal system in Malaysia after the Civil Court system. It is suggested that the future research is done to the Civil Court system, to complement the current research; in order to have a complete IS perspective on the overall legal system in Malaysia.

This paper proposed a technology adoption framework for electronic court management, which can be used by the policy makers for the enhancement of justice system. This research provides a foundation for practical technology adoption in courts.

This paper demonstrates how ICT allow for better management of court management within institutionalization theory. It presents various kind of technology adoption in courts, including video conferencing with high‐tech video presenters and monitors, recreation of crime scene, electronic filing system, electronic case management and electronic court records management and systematic information storage and retrieval system. It discusses the three isomorphic pressures (coercive, normative and mimetic) that influence the technology adoption process. A research framework is presented which is expected to benefit the policy makers and judicial practitioners.

The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers employed at the trial courts and high courts in India. Court management implies using a professional approach using managerial tools and techniques in managing courts.

This study is based on a case study with two Indian states demonstrating efficiency in judicial operation with the adoption of court management techniques. Semi-structured interviews with the court registry, court managers, document studies, court visits, along with observation are the main data sources.

It was observed that managerial practices of job autonomy, regular feedback, clear job expectations and support from the supervisor/reporting officer act as critical success factors for court management efficiency.

This paper adds empirical insight from the Indian viewpoint on existing literature concerning management of courts.

The purpose of this study is to assess whether the implementation of the electronic Court Records Management System (CRMS) at the Gaborone Magisterial District, Botswana, brought improvements in the delivery of justice as expected in the management of case file records.

Principally, a quantitative approach utilizing a research survey design, supplemented by a qualitative approach was used in this study.

The CRMS implementation led to improvements in case file management at the Gaborone Magisterial District; case files were successfully captured into the system; retrieval of case files became easier; and incidents of lost and misplaced case files went down significantly. Challenges included shortcomings related to the security of digital case files, digital records preservation and disposition, records appraisal, training, inadequate bandwidth and shortage of computers, as well as inadequate archives and records management standards and guidelines.

The findings of the study are limited to the case study and cannot be generalized to other organizations.

The findings should aid future implementation of court records management systems in the judiciary specifically and the public sector in general in Africa. Lessons learnt can enable the avoidance of pitfalls experienced in the implementation of CRMS by other courts.

This paper provides empirical evidence from an original study.

Proposes this research is seeking to combine the theory and practice of judicial independence based in Western notions of the “Rule of Law”, modern developments of this doctrine in the documents and laws of both Uzbekistan and Kazakhstan.

The purpose of this paper is to identify dimensions that can influence the innovation process in justice organizations.

This study uses a qualitative approach. Data were collected through a semi-structured interview script. In all, 23 in-depth interviews were undertaken with lawyers, public defenders, judges, prosecutors and public officials from the five regions of Brazil. These data were analyzed using content analysis techniques.

The perceptions of the interviewees show that the process of innovation in justice organizations can be influenced by five dimensions: Institutional Environment (institutional level), Leadership (organizational level), Organizational Resources (organizational level), Cooperative Relations (interorganizational level) and Innovative Behavior (individual level). These dimensions may promote or restrict innovation.

The results indicate that there are growing efforts to introduce innovations designed to improve the performance and service delivery of justice organizations. However, there is resistance to innovation because these organizations are highly institutionalized and consequently seek stability and absence of change.

Antitrust legislation in the United States was originally enacted in 1890. This legislation and subsequent amendments established the historic precedent of government controlling the power of business by limiting its influence over markets. This paper reflects on why this unique set of laws was originally enacted, reviews these laws in the United States compared to other global competitors, and recommends revisions in the present legislation to more accurately reflect the competitive arena that United States based companies face in the global economy.