BUREN’s Post

Stay up to date with our BUREN German Desk Newsletter!   In this year's second edition of the German Desk Newsletter, Friederike Henke, Head of the German Desk, along with the German Desk team, provides you with an outlook on the latest legal developments in the Netherlands. From important legislative changes to interesting court judgments, our newsletter will keep you up to date this year.   Please click on the following link to view the latest newsletter: https://lnkd.in/en782Z4n   #BUREN #legal #tax #notary #germandesk #newsletter

"Starting point – route – destination When I think about the challenge of rebuilding the rule of law in Poland after years filled with unimaginably lawless legal and factual acts and hateful words tearing the Polish Constitution to shreds and offering adequate recipes, the starting point is framing the discussion. Given the scale of unconstitutional destruction of 2015 – 2023, the rebuilding must be about optimal rather than perfect solutions. Optimal due to the sum of what is possible from a legal and factual perspective within the framework set out by the Constitution, its principles and values, and the binding judgments of supranational and international courts. A correct description of the starting point determines the route and provides the background against which one can evaluate more detailed legislative choices made along the way."

📰🇫🇷 Non-qualified lawyers may not be covered by legal privilege in France after all. Gather 'round for a classic French tale👇 In France, for a bill to become law, it must pass through two hallowed halls: the National Assembly and the Senate. If one assembly approves a bill and the other doesn’t tinker with it, then voilà, the bill is enshrined as law. But, if one of these esteemed bodies decides to play editor, the other must vote again on the final version until both agree. This delightful back-and-forth is known as the "legislative shuttle" or, if you're feeling très chic, "la navette parlementaire" 🥐. Our latest attempt to reform legal privilege in France came in the form of two eerily similar bills, each submitted by a different chap: Jean Terlier (a Deputy in the National Assembly) and Louis Vogel (a Senator in the Senate). Jean pitched his bill to the National Assembly, while Louis presented his to the Senate. Why two bills, you ask? Well, in France, we have a saying: "Why make things simple when they can be complicated?" 🥸 Others might suggest it's a matter of ego 🦍🦍 (in France, laws often bear the name of their proposer, so perhaps Jean and Louis each wanted the glory). But let's not delve into that rabbit hole… Anyway, Louis’ bill was approved by the Senate and sent to the National Assembly. Jean’s bill was approved by the National Assembly and sent to the Senate. And then… 🥁 the President, suffering from a European election hangover, dissolved the National Assembly. The razor-thin majority that approved Jean’s bill? Poof, gone. Louis’ bill? Forget about it. The only hope for Jean’s bill now lies in the Senators putting their egos aside at the car park 🅿️ and voting for it as is. How likely is that to happen in France? Well, let’s just say it’s as unpredictable as a Frenchman's lunch hour… stay tuned.

Stay up to date with our BUREN German Desk Newsletter! In this special edition of the German Desk Newsletter, Friederike Henke, Head of the German Desk, along with the German Desk team, provides you with an outlook on the latest legal developments in the Netherlands. From important legislative changes to interesting court judgments, our newsletter will keep you up to date this year. Please click on the following link to view the latest newsletter: https://lnkd.in/eeiWd7_A #BUREN #legal #tax #notary #germandesk #newsletter #koningsdag

📢 Update on Class Actions in France The French Senate has introduced significant changes to the draft bill on class actions, impacting legal standing, scope and third-party funding. 📜 Check our latest article for an in-depth analysis and stay tuned as we closely monitor the developments and provide you with the latest insights! #ClassActions #France

In his latest blog, Excello's Business and Corporate Law Specialist David Glass looks at the Retained EU Law Act; the Crisis of Democracy in Western Societies; Brexit and Finland; and Horizontal Agreements Read more: https://ow.ly/OelU50PEKlh #brexit #excellolaw #businesslaw #legalnews #corporatelaw

This FT article about the legal warfare being employed by China provides a vivid warning about how the American rule of law is also being weaponized to penalize people and ideas that some politicians, prosecutors and agencies find offensive. Given the Chinese Communist Party's control over the rule of law in that nation, it's no surprise that China is turning the rule of law against its critics and detractors worldwide. What we fail to appreciate--to our peril--is that the U.S. rule of law has become so politicized in recent years that it no longer offers the protections that most of us remember from civics class. As U.S. politics has become increasingly bitter, as our political parties have moved from working together to demanding that the winner take all, as prosecutors and government agencies have used their discretion to target high profile cases, for some the rule of law has become just one more tool to achieve political advantage. In school, we learned that the law is blind, and must not show favoritism or bias. Although we echo that idea today when we say no person is above the law, too often we forget to mention that every person must also have equal protection under the law. Put more directly, the law should never be used to target someone for political vengeance. But the growing reality is otherwise—and the impact on American business and America’s standing in the world will be devastating. For centuries, the rule of law has mattered because it provides fairness, objectivity and certainty in our business and personal dealings. Politicized, it loses all those things. Worse, when the rule of law falters, it creates a chilling effect on our freedom of speech and our willingness to run for political office and even take public stands on important issues. President Xi gets it. Unfortunately, too many U.S. political leaders, prosecutors and judges do as well. This may be one of the critical issues of our time. While it’s easy to think that only "bad" Americans will be the targets, the definition of “bad” can shift with every election, with the personal aspirations of every prosecutor, with the policy goals of every administrative agency, and with the judge and jury where the case is brought. If we keep moving as we are now, any of us may be the next target, consumed by trying to defend ourselves against an all powerful government and bankrupted by legal fees even if we are innocent. This is not a piece about Donald Trump, Hunter Biden or even Elon Musk or other tech CEOs (who are also on the target list), although they are all part of the story. It’s about the rest of us--and preserving the rule of law in America while we still can. #lawandpolitics #ruleoflaw #corporategovernance #politics #legalethics #law

⚖️Law and (Legal) Order. How to ensure the sustainable rule of law and limit the abuse of power? Here is a thorough explanation from legal expert Ekaterina Mishina. In Russia, the authorities do as they please. Nothing holds them back, let alone the law. Moreover, the law is used to legitimize lawlessness. It has become a weapon in the hands of the criminals, pointed against citizens. Putin's preference for laws tailored to his liking should not be mistaken for a commitment to the rule of law. The president and his obedient lawmakers constantly ignore and violate fundamental legal principles. The authorities encroach upon the foundations of the Russian constitutional order, while vigorously defending it from imaginary enemies, both internal and external. 📜Aristotle wisely stated, "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws." The rule of law is characterized by: 📌Government and private individuals being responsible before the law. 📌Clear, stable, and uniformly applied laws. 📌Protection of rights and legal guarantees against arbitrariness. 📌Accessible, ethical, independent, impartial justice that serves the people. How to ensure the rule of law in Russia? The task of reformers is to create conditions under which courts and judges can be truly independent. Although the principle of independence is enshrined in the Stalin Constitution of 1936, as well as the current Constitution, its implementation remains impossible under totalitarianism. Addressing the shortcomings of the 1993 Constitution, including the excessive powers granted to the president, as well as those that appeared later, in the form of constitutional amendments, is crucial for this stage of the constitutional process. ⚕️The antidote to Putin's undemocratic regime is constitutional provisions that guarantee the protection of human rights and human dignity and make these fundamental concepts mandatory for all state bodies to obey as a law of direct applicability. At the same time, Russian judges need new guidance that reflects the role of universally recognized principles and norms of international law. Dozens of legislative provisions adopted under Putin should be repealed as completely incompatible with the goal of establishing the rule of law in Russia. The legal framework for a democratic future needs to be established now.

The TaxProf: Changes To ABA Standards On Library And Information Resources: Unintended Consequences For Legal Scholarship: Nicholas Mignanelli (Yale; Google Scholar), Whither the Monograph: Changes to the ABA Standards on Library and Information Resources and Their Unintended Consequences for Legal Scholarship, 2 Nw. L.J. des Refusés __ (2025): Recent actions by the American Bar Association (ABA) threaten the future of the legal monograph. Resolution 302, passed... http://dlvr.it/T7blCf @SoCalTaxProf #Tax #Policy #Law

How rich companies could override, and influence JUSTICE in Finland If a company like S Group (SOK.FI) of Finland violates human rights law in Finland, there are law firms, corrupt lawyers who are greedy for money would get hold of a judge, agree in advance on conditions, even the judgment & deny the allegations, This is a true story, i will upload the evidence, the lawyer who appeared for S Group, and the judgment so that all lawyers, law firms, and advocates, could think is this really Finland's Justice system, would you believe that by money some lawyers could turn the law by get holding judges, This is happening in Russia but could it happen here in Helsinki? What do you think if S Group's lawyer discusses with the judge on the trial day? during the tea break? close doors? are law firm "ROSCHIER" & Kalasatama oy reliable according to your knowledge?