2006 Fiscal Year Final Research Report Summary
The international context in the formation of post socialist legal system : A comparative study of Poland and Russia
| Project/Area Number |
16530002
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
KOMORIDA Akio The University of Tokyo, Institute of Social Science, Professor (30103906)
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| Project Period (FY) |
2004 – 2006
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| Keywords | Polish law / Russian law / systemic transformation / post-socialism / supranational legal community / conditionarities / Treaty for European Constitution / legal assistance |
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| Research Abstract |
(1)Three types of relationships between the influencing side (international elements) and the influenced one in the process of formation of legal system in the post-socialist countries, were extracted; (1)type of realization of supranational legal community membership, (2)type of conditionarities in financial supports and (3)type of intellectual exchange. On the basis of such a typology, similarities and differences between Poland and Russia were examined.
(2)As case studies of each type, Council of Europe and European Court of Human Rights (type(1)), pension reforms (type(2)) and so-called "percent law" (type(3)) examined in case of Poland.
(3)As to a type of realization of supranational legal community membership, the problem of EU accession of Poland was examined in detail as its typical case. Special attention was paid to constitutional issues which were given rise to in the process of this accession and the decisions of Constitutional Tribunal on these issues were examined. Discours around Treaty for European Constitution as the first case, in which Poland stood on the reverse, influencing side to European law as a member country.
(4)The analytical model of restructuring of legal system and typology of international influences, presented in this project on the bases of Polish and Russian cases, can be used as a benchmark in analysing "legal assistance" in Asia in comparison with experiences in Europe.
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Research Products
(9 results)
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[Journal Article] Poland and EU2005
Author(s)
KOMORIDA Akio
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Journal Title
MORII Yuichi(ed.), EU Enlargement in the International Relationship, Shinzansha
Pages: 251-283
Description
「研究成果報告書概要(欧文)」より
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[Book] ヨーロッパの東方拡大2006
Author(s)
羽場 久美子・小森田 秋夫・田中 素香, 編
Total Pages
361
Publisher
岩波書店
Description
「研究成果報告書概要(和文)」より
