首页 > 最新文献

European Journal of Comparative Law and Governance最新文献

英文 中文
Contents 内容
IF 0.5 Q4 LAW Pub Date : 2020-12-05 DOI: 10.1163/22134514-00704005
{"title":"Contents","authors":"","doi":"10.1163/22134514-00704005","DOIUrl":"https://doi.org/10.1163/22134514-00704005","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43292255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Virtual Criminal Justice and Good Governance during Covid-19 新冠肺炎期间的虚拟刑事司法和善治
IF 0.5 Q4 LAW Pub Date : 2020-09-23 DOI: 10.1163/22134514-00703001
A. Mccann
Covid-19 demands that we embrace the ‘positivistic approach of good governance’.1 This claim presupposes three things. First, that we see ‘good governance’ as part of the legal system – this means identifying the principles of good governance, their development as legal norms, and ensuring the necessary enforcement of those norms.2 Second, that good governance is nothing but empty rhetoric if we do not take that last point seriously – the relevant principles must be enforceable as rights.3 Third, that Covid-19 has thrown our legal systems into very risky and unprecedented territory. Individual rights are, perhaps justifiably so, at immense risk. This is clearly evident in the domain of criminal justice. Of particular interest here is the mass roll-out of ‘virtual attendance’ at criminal hearings via video links (VLs). Why is this of particular interest? Unlike other emergency measures (such as the suspension of jury trials or the introduction of radical public order/health offences), there is evidence to suggest the widespread use of VLs had political momentum preCovid 19.4
2019冠状病毒病要求我们采取“积极的善治方法”这种说法以三件事为前提。首先,我们将“善治”视为法律体系的一部分——这意味着确定善治的原则,将其发展为法律规范,并确保这些规范得到必要的执行第二,如果我们不认真对待最后一点,良好的治理只不过是空洞的花言巧语——相关的原则必须作为权利加以执行第三,新冠疫情使我们的法律体系陷入了非常危险和前所未有的境地。个人权利正处于巨大的风险之中,这或许是有道理的。这在刑事司法领域是显而易见的。这里特别令人感兴趣的是通过视频链接(VLs)在刑事听证会上大规模推出的“虚拟出席”。为什么这是特别有趣的?与其他紧急措施(如暂停陪审团审判或引入激进的公共秩序/卫生犯罪)不同,有证据表明,VLs的广泛使用在covid 19.4之前具有政治动力
{"title":"Virtual Criminal Justice and Good Governance during Covid-19","authors":"A. Mccann","doi":"10.1163/22134514-00703001","DOIUrl":"https://doi.org/10.1163/22134514-00703001","url":null,"abstract":"Covid-19 demands that we embrace the ‘positivistic approach of good governance’.1 This claim presupposes three things. First, that we see ‘good governance’ as part of the legal system – this means identifying the principles of good governance, their development as legal norms, and ensuring the necessary enforcement of those norms.2 Second, that good governance is nothing but empty rhetoric if we do not take that last point seriously – the relevant principles must be enforceable as rights.3 Third, that Covid-19 has thrown our legal systems into very risky and unprecedented territory. Individual rights are, perhaps justifiably so, at immense risk. This is clearly evident in the domain of criminal justice. Of particular interest here is the mass roll-out of ‘virtual attendance’ at criminal hearings via video links (VLs). Why is this of particular interest? Unlike other emergency measures (such as the suspension of jury trials or the introduction of radical public order/health offences), there is evidence to suggest the widespread use of VLs had political momentum preCovid 19.4","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47180414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Nature of the Motor Insurers’ Bureau and Its Agreements 汽车保险局的性质及其协议
IF 0.5 Q4 LAW Pub Date : 2020-06-22 DOI: 10.1163/22134514-bja10003
Matthew Channon
The Motor Insurers’ Bureau (mib) was formed in 1946 to provide compensation for victims of road traffic accidents from uninsured drivers and later untraced drivers.1 The mib and its agreements have been criticised by academics due to potential gaps in coverage.2 The mib agreements are seen as ‘an entirely novel piece of extra-statutory machinery’,3 due to not being based in statute and therefore without parliamentary control. This has brought challenges involving issues of transparency when new agreements are created. Claims against the mib, particularly in relation to untraced drivers, have also been controversial. With the UK in a transition period in terms of its relationship with the EU and with the potential absence of a cause of action against the mib post-transition period, the question arises as to whether the mib should be put on a statutory footing.This article therefore aims to explore whether the mib should be put on a statutory footing. It will examine the relationships between the mib, its members, the state, and Parliament. It will further examine issues involving transparency and enforcement. It will go on to compare the Australian Capital Territory (act) approach in legislation with the United Kingdom (UK) approach, to see what will be gained or lost with the UK adopting the legislative route. It will then conclude on which, if any, examine potential reform options – radical or otherwise – might be usefully pursued to meet the criticisms of to the system in the UK.
汽车保险局成立于1946年,目的是向未投保的司机和后来下落不明的司机的道路交通事故受害者提供赔偿由于覆盖范围的潜在差距,mib及其协议受到了学术界的批评mib协议被视为“一种全新的法外机制”,3因为它不以法规为基础,因此不受议会控制。这就带来了挑战,涉及在制定新协议时的透明度问题。针对mib的索赔,特别是与未追踪的司机有关的索赔,也一直存在争议。由于英国正处于与欧盟关系的过渡期,并且在过渡期后可能缺乏针对mib的诉因,因此出现了是否应该将mib置于法定基础上的问题。因此,本文旨在探讨是否应将该信息置于法定地位。它将审查mib、其成员、国家和议会之间的关系。它将进一步审查涉及透明度和执法的问题。接下来,我们将比较澳大利亚首都直辖区(法案)在立法上的做法与英国的做法,看看英国采用立法路线会得到什么或失去什么。然后,它将得出结论,如果有的话,研究潜在的改革方案——激进的还是其他的——可能会有效地采取措施,以应对英国对该体系的批评。
{"title":"The Nature of the Motor Insurers’ Bureau and Its Agreements","authors":"Matthew Channon","doi":"10.1163/22134514-bja10003","DOIUrl":"https://doi.org/10.1163/22134514-bja10003","url":null,"abstract":"The Motor Insurers’ Bureau (mib) was formed in 1946 to provide compensation for victims of road traffic accidents from uninsured drivers and later untraced drivers.\u00001\u0000 The mib and its agreements have been criticised by academics due to potential gaps in coverage.\u00002\u0000 The mib agreements are seen as ‘an entirely novel piece of extra-statutory machinery’,\u00003\u0000 due to not being based in statute and therefore without parliamentary control. This has brought challenges involving issues of transparency when new agreements are created. Claims against the mib, particularly in relation to untraced drivers, have also been controversial. With the UK in a transition period in terms of its relationship with the EU and with the potential absence of a cause of action against the mib post-transition period, the question arises as to whether the mib should be put on a statutory footing.\u0000This article therefore aims to explore whether the mib should be put on a statutory footing. It will examine the relationships between the mib, its members, the state, and Parliament. It will further examine issues involving transparency and enforcement. It will go on to compare the Australian Capital Territory (act) approach in legislation with the United Kingdom (UK) approach, to see what will be gained or lost with the UK adopting the legislative route. It will then conclude on which, if any, examine potential reform options – radical or otherwise – might be usefully pursued to meet the criticisms of to the system in the UK.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-bja10003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44406698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The covid-19 Crisis: A Challenge for Numeric Comparative Law and Governance covid-19危机:对数字比较法和治理的挑战
IF 0.5 Q4 LAW Pub Date : 2020-06-22 DOI: 10.1163/22134514-00702003
A. C. Ciacchi
In the past weeks, scholars from different disciplines – including myself – have been comparing the publicly available data from different countries about the coronavirus pandemic (covid-19) on a daily basis. For a researcher in comparative law-and-governance, these data are very tempting. Would they allow to draw at least some very raw conclusions about the goodness or badness of some countries’ governance concerning the prevention of covid-19 deaths?1 The more I progressed in this research, the more conscious I became of the dangers lurking in a numeric comparative law2 approach to the covid-19 pandemic. At least three mistakes should be avoided: The first mistake is to focus on the case fatality rate, i.e. the number of covid-19 deaths compared to the number of persons tested positive to the virus in a certain country. For example, one may be tempted to assume that in Germany the governance of the pandemic has been much better than in Belgium, Denmark, France, Italy, the Netherlands, Spain, and Sweden, just because in Germany the case fatality rate has been (and still is) lower than in the
在过去的几周里,来自不同学科的学者——包括我本人——每天都在比较来自不同国家的关于冠状病毒大流行(新冠肺炎)的公开数据。对于比较法和治理领域的研究人员来说,这些数据非常诱人。他们是否允许就一些国家在预防新冠肺炎死亡方面的治理的好坏得出至少一些非常原始的结论?1我在这项研究中取得的进展越多,我就越意识到新冠肺炎大流行的数值比较法2方法中潜伏的危险。至少应该避免三个错误:第一个错误是关注病死率,即新冠肺炎死亡人数与某个国家病毒检测呈阳性的人数相比。例如,人们可能会认为,德国对疫情的治理比比利时、丹麦、法国、意大利、荷兰、西班牙和瑞典要好得多,因为德国的病死率一直(现在仍然)低于美国
{"title":"The covid-19 Crisis: A Challenge for Numeric Comparative Law and Governance","authors":"A. C. Ciacchi","doi":"10.1163/22134514-00702003","DOIUrl":"https://doi.org/10.1163/22134514-00702003","url":null,"abstract":"In the past weeks, scholars from different disciplines – including myself – have been comparing the publicly available data from different countries about the coronavirus pandemic (covid-19) on a daily basis. For a researcher in comparative law-and-governance, these data are very tempting. Would they allow to draw at least some very raw conclusions about the goodness or badness of some countries’ governance concerning the prevention of covid-19 deaths?1 The more I progressed in this research, the more conscious I became of the dangers lurking in a numeric comparative law2 approach to the covid-19 pandemic. At least three mistakes should be avoided: The first mistake is to focus on the case fatality rate, i.e. the number of covid-19 deaths compared to the number of persons tested positive to the virus in a certain country. For example, one may be tempted to assume that in Germany the governance of the pandemic has been much better than in Belgium, Denmark, France, Italy, the Netherlands, Spain, and Sweden, just because in Germany the case fatality rate has been (and still is) lower than in the","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00702003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45139451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Which Governance Structure for Law Making Projects Regarding Emerging Technologies? 针对新兴技术的立法项目采用何种治理结构?
IF 0.5 Q4 LAW Pub Date : 2020-03-02 DOI: 10.1163/22134514-00701004
S. Erp
We are all, more and more, convinced that the major fault lines characteristic of today’s legal systems are the impact of Information Technology (IT), more particularly the emerging (or so-called “disruptive”) technologies, on the law and how the law can contribute to reversing our changing climate. In the Netherlands, but not only there, the latter aspect has drawn quite some attention because of the recent decision by the Netherlands Supreme Court in the “Urgenda case”, demanding the government to reduce the level of greenhouse gases with 25% before the end of 2020.1 The decision seems quite severe, especially in a country where the Constitution forbids the judiciary to decide on the constitutionality of statutes, but at the same time allows that same judiciary to rule on the compatibility of these very statutes with international treaties. The decision brings to the surface the growing tensions within the country’s political system (legislature and executive) and its judiciary. However, except when it comes to privacy protection, no such far-reaching and principled cases seem to have thus far reached Supreme Courts in Europe in the area of IT and law, for example regarding the legal nature of smart contracts (i.e. self-executing computer programmes), replacing more traditional standardised or boilerplate contracts. Although legislation in this area seems to be growing, particularly when looking at the micro-jurisdictions within Europe (Malta, Liechtenstein), still many questions are unanswered and even in states with a beginning of a legislative framework no case law has developed yet.2
我们都越来越相信,当今法律体系的主要断层线是信息技术,尤其是新兴的(或所谓的“颠覆性”)技术对法律的影响,以及法律如何有助于扭转我们不断变化的气候。在荷兰,但不仅在荷兰,后一方面引起了相当大的关注,因为荷兰最高法院最近在“Urgenda案”中作出裁决,要求政府在2020年底前将温室气体水平降低25%,尤其是在一个国家,宪法禁止司法机构决定法规的合宪性,但同时允许同一司法机构裁定这些法规是否符合国际条约。这一决定使该国政治体系(立法机构和行政机构)及其司法机构内部日益紧张的局势浮出水面。然而,除了涉及隐私保护外,迄今为止,在信息技术和法律领域,欧洲最高法院似乎还没有收到如此深远和有原则的案件,例如关于智能合同(即自动执行计算机程序)的法律性质,取代了更传统的标准化或样板合同。尽管这一领域的立法似乎在增长,特别是在欧洲(马耳他、列支敦士登)的微观司法管辖区,但仍有许多问题没有得到解答,即使在立法框架已经开始的国家,也没有制定判例法。2
{"title":"Which Governance Structure for Law Making Projects Regarding Emerging Technologies?","authors":"S. Erp","doi":"10.1163/22134514-00701004","DOIUrl":"https://doi.org/10.1163/22134514-00701004","url":null,"abstract":"We are all, more and more, convinced that the major fault lines characteristic of today’s legal systems are the impact of Information Technology (IT), more particularly the emerging (or so-called “disruptive”) technologies, on the law and how the law can contribute to reversing our changing climate. In the Netherlands, but not only there, the latter aspect has drawn quite some attention because of the recent decision by the Netherlands Supreme Court in the “Urgenda case”, demanding the government to reduce the level of greenhouse gases with 25% before the end of 2020.1 The decision seems quite severe, especially in a country where the Constitution forbids the judiciary to decide on the constitutionality of statutes, but at the same time allows that same judiciary to rule on the compatibility of these very statutes with international treaties. The decision brings to the surface the growing tensions within the country’s political system (legislature and executive) and its judiciary. However, except when it comes to privacy protection, no such far-reaching and principled cases seem to have thus far reached Supreme Courts in Europe in the area of IT and law, for example regarding the legal nature of smart contracts (i.e. self-executing computer programmes), replacing more traditional standardised or boilerplate contracts. Although legislation in this area seems to be growing, particularly when looking at the micro-jurisdictions within Europe (Malta, Liechtenstein), still many questions are unanswered and even in states with a beginning of a legislative framework no case law has developed yet.2","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the Internationalisation and Harmonisation of Archival Law 论档案法的国际化与和谐化
IF 0.5 Q4 LAW Pub Date : 2020-03-02 DOI: 10.1163/22134514-00701002
Herbjørn Andresen
Archival laws exist in most countries, with some similarities due to a common professional basis. Over several decades, regional and global laws have evolved in different fields imposing requirements, or expectations, for reliable and accessible archives. Merely a few attempts have been made to harmonise archival law in the sense of pursuing a goal of rule similarity. Still, there seems to be an increase of areas where international law or regional harmonisation of laws presupposes archival law with a capacity to safeguard creation and preservation of reliable archives, documenting government activities. Even without manifest goals of harmonising archival law into uniform rules, the broad range of emerging requirements on reliable archives may lead to some form of approximation of archival law. Following a broad account of developments in this field, Sections 2 through 4, there is a discussion of advantages and disadvantages of stronger or weaker modes of harmonisation. Strong harmonisation could perhaps more convincingly safeguard the reliability of archives, at the cost of a possible lock-in of the scope of archival law. Weaker forms of harmonisation yield more differentiated archival laws. On the other hand, weak harmonisation may be more adaptive to developments in adjacent fields.
大多数国家都有档案法,由于有共同的专业基础,所以有一些相似之处。几十年来,区域和全球法律在不同领域不断发展,对可靠和可访问的档案提出了要求或期望。在追求规则相似性的意义上,只进行了几次协调档案法的尝试。尽管如此,国际法或区域法律协调的领域似乎有所增加,这些领域以档案法为前提,有能力保护可靠档案的创建和保存,记录政府活动。即使没有将档案法统一为统一规则的明确目标,对可靠档案的广泛新要求也可能导致档案法的某种形式的近似。在对该领域的发展进行了广泛的描述后,第2节至第4节讨论了较强或较弱的协调模式的优缺点。强有力的协调可能会更令人信服地保护档案的可靠性,而代价是可能锁定档案法的范围。较弱的协调形式会产生更具差异性的档案法。另一方面,弱协调可能更适应相邻领域的发展。
{"title":"On the Internationalisation and Harmonisation of Archival Law","authors":"Herbjørn Andresen","doi":"10.1163/22134514-00701002","DOIUrl":"https://doi.org/10.1163/22134514-00701002","url":null,"abstract":"Archival laws exist in most countries, with some similarities due to a common professional basis. Over several decades, regional and global laws have evolved in different fields imposing requirements, or expectations, for reliable and accessible archives. Merely a few attempts have been made to harmonise archival law in the sense of pursuing a goal of rule similarity. Still, there seems to be an increase of areas where international law or regional harmonisation of laws presupposes archival law with a capacity to safeguard creation and preservation of reliable archives, documenting government activities. Even without manifest goals of harmonising archival law into uniform rules, the broad range of emerging requirements on reliable archives may lead to some form of approximation of archival law. Following a broad account of developments in this field, Sections 2 through 4, there is a discussion of advantages and disadvantages of stronger or weaker modes of harmonisation. Strong harmonisation could perhaps more convincingly safeguard the reliability of archives, at the cost of a possible lock-in of the scope of archival law. Weaker forms of harmonisation yield more differentiated archival laws. On the other hand, weak harmonisation may be more adaptive to developments in adjacent fields.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00701002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48790563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Outsourcing the Welfare State: The Role of Private Actors in Welfare Fraud Investigations 外包福利国家:私人行为者在福利欺诈调查中的作用
IF 0.5 Q4 LAW Pub Date : 2020-03-02 DOI: 10.2139/ssrn.3512114
S. Ranchordás, Y. Schuurmans
This article discusses the growing trend to employ private parties as informants, private detectives and providers of digital technology (e.g., automated risk assessments) to predict and investigate welfare fraud. In this article, we argue that this type of outsourcing is problematic for multiple reasons. First, private actors and governments often have an ill-defined contractual relationship which creates legal uncertainty and promotes the use of unconventional evidence-gathering instruments. This issue also raises concerns regarding the accountability of public bodies and the transparency and fairness of administrative procedure. Second, the private enforcement of anti-fraud regulations is susceptible of endangering the adequate pursuit of the public interest due to the misalignment of public and private interests. Third, the outsourcing of enforcement tasks to private technology companies and their opaque automated systems can be detrimental to the right to due process, the right to non-discrimination, and the privacy of welfare recipients. This article contributes to the literature with a novel critical account of how private actors are reshaping the welfare state.
本文讨论了越来越多的趋势,即雇佣私人当事人作为线人、私家侦探和数字技术(如自动风险评估)的提供者来预测和调查福利欺诈。在本文中,我们认为这种类型的外包存在问题,原因有很多。首先,私人行为者和政府往往存在定义不清的合同关系,这造成了法律上的不确定性,并促进了非常规证据收集工具的使用。这一问题也引起了对公共机构问责制以及行政程序的透明度和公平性的关切。其次,由于公私利益的错位,反欺诈条例的私人执行容易危及对公共利益的充分追求。第三,将执行任务外包给私营科技公司及其不透明的自动化系统可能损害正当程序权、不歧视权和福利领取者的隐私。这篇文章对私人行为者如何重塑福利国家进行了新颖的批判性描述,为文学做出了贡献。
{"title":"Outsourcing the Welfare State: The Role of Private Actors in Welfare Fraud Investigations","authors":"S. Ranchordás, Y. Schuurmans","doi":"10.2139/ssrn.3512114","DOIUrl":"https://doi.org/10.2139/ssrn.3512114","url":null,"abstract":"This article discusses the growing trend to employ private parties as informants, private detectives and providers of digital technology (e.g., automated risk assessments) to predict and investigate welfare fraud. In this article, we argue that this type of outsourcing is problematic for multiple reasons. First, private actors and governments often have an ill-defined contractual relationship which creates legal uncertainty and promotes the use of unconventional evidence-gathering instruments. This issue also raises concerns regarding the accountability of public bodies and the transparency and fairness of administrative procedure. Second, the private enforcement of anti-fraud regulations is susceptible of endangering the adequate pursuit of the public interest due to the misalignment of public and private interests. Third, the outsourcing of enforcement tasks to private technology companies and their opaque automated systems can be detrimental to the right to due process, the right to non-discrimination, and the privacy of welfare recipients. This article contributes to the literature with a novel critical account of how private actors are reshaping the welfare state.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"4 5","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41316112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
A Normative Metastasis? 正常转移?
IF 0.5 Q4 LAW Pub Date : 2020-01-06 DOI: 10.1163/22134514-00701001
V. Zeno-Zencovich
The article presents the argument that contemporary societies are facing an ever-growing over-production of norms which are chocking its efficient functioning. The argument however is subsequently de-constructed, in particular through a comparative (European vs. US) analysis, pointing out that what is of great concern on this side of the Atlantic apparently is not at all on the other side. The article concludes with some possible remedies – admitting that we are facing an illness – to the current over-production.
这篇文章提出了一个论点,即当代社会正面临着越来越多的规范过度生产,这阻碍了其有效运作。然而,这一论点随后被重新构建,特别是通过比较(欧洲与美国)分析,指出大西洋这边非常令人担忧的显然根本不在另一边。文章最后提出了一些可能的补救措施——承认我们正面临一种疾病——以应对目前的过度生产。
{"title":"A Normative Metastasis?","authors":"V. Zeno-Zencovich","doi":"10.1163/22134514-00701001","DOIUrl":"https://doi.org/10.1163/22134514-00701001","url":null,"abstract":"The article presents the argument that contemporary societies are facing an ever-growing over-production of norms which are chocking its efficient functioning. The argument however is subsequently de-constructed, in particular through a comparative (European vs. US) analysis, pointing out that what is of great concern on this side of the Atlantic apparently is not at all on the other side. The article concludes with some possible remedies – admitting that we are facing an illness – to the current over-production.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00701001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49304486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Hidden Proceedings – An Analysis of Accountability of Child Protection Adoption Proceedings in Eight European Jurisdictions 隐藏的程序——欧洲八个司法管辖区儿童保护收养程序的责任分析
IF 0.5 Q4 LAW Pub Date : 2019-12-02 DOI: 10.1163/22134514-00604002
Kenneth Burns, Katrin Kriẑ, J. Krutzinna, Katre Luhamaa, T. Meysen, Tarja Pösö, Sagrario Segado, Marit Skivenes, J. Thoburn
How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned – such as parents, child; b) the general public that authorized the politicians and the government to make legislation; and c) the elected government, i.e. the legislators and the system that have granted the court, court-like or administrative body the authority to make these decisions. Our data material consists of national legislation, organizational guidelines (courts, child protection, or supervisory agencies), statistics and expert knowledge. The conclusions of our analysis are discouraging. There is only limited accountability for one of the most intrusive interventions by a state into the private lives of individuals. There is a lack of information about the proceedings as well as a lack of transparency. We identify systems that, with few exceptions, operate in isolation, with only a few outsiders having access or knowledge about what is going on. We cannot in this study say anything about the decision-making quality in these proceedings, they may be excellent, but the problem is that very few external actors are in a position to examine the quality of the decisions. This missing connection between the wider democratic society and this part of the legal systems in the eight democracies we studied is of huge concern, and we have indications that the situation is equally concerning in other European states.
终止父母权利以确保收养不受照顾的决定有多可靠?在本文中,我们研究了八个欧洲司法管辖区的诉讼是否对:a)私人当事方,即有关个人-如父母,孩子;B)授权政治家和政府立法的公众;c)民选政府,即立法者和授予法院、类似法院或行政机构做出这些决定的权力的制度。我们的数据材料包括国家立法、组织指南(法院、儿童保护或监管机构)、统计数据和专家知识。我们分析的结论令人沮丧。对于一个国家对个人私生活最具侵入性的干预之一,只有有限的责任。缺乏有关程序的信息,也缺乏透明度。我们确定的系统,除了少数例外,是孤立运行的,只有少数外部人员可以访问或了解正在发生的事情。在本研究中,我们不能对这些程序中的决策质量说任何事情,它们可能是优秀的,但问题是很少有外部参与者能够检查决策的质量。在我们研究的八个民主国家中,更广泛的民主社会和这部分法律体系之间缺失的联系令人非常担忧,我们有迹象表明,其他欧洲国家的情况也同样令人担忧。
{"title":"The Hidden Proceedings – An Analysis of Accountability of Child Protection Adoption Proceedings in Eight European Jurisdictions","authors":"Kenneth Burns, Katrin Kriẑ, J. Krutzinna, Katre Luhamaa, T. Meysen, Tarja Pösö, Sagrario Segado, Marit Skivenes, J. Thoburn","doi":"10.1163/22134514-00604002","DOIUrl":"https://doi.org/10.1163/22134514-00604002","url":null,"abstract":"How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned – such as parents, child; b) the general public that authorized the politicians and the government to make legislation; and c) the elected government, i.e. the legislators and the system that have granted the court, court-like or administrative body the authority to make these decisions. Our data material consists of national legislation, organizational guidelines (courts, child protection, or supervisory agencies), statistics and expert knowledge. The conclusions of our analysis are discouraging. There is only limited accountability for one of the most intrusive interventions by a state into the private lives of individuals. There is a lack of information about the proceedings as well as a lack of transparency. We identify systems that, with few exceptions, operate in isolation, with only a few outsiders having access or knowledge about what is going on. We cannot in this study say anything about the decision-making quality in these proceedings, they may be excellent, but the problem is that very few external actors are in a position to examine the quality of the decisions. This missing connection between the wider democratic society and this part of the legal systems in the eight democracies we studied is of huge concern, and we have indications that the situation is equally concerning in other European states.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46809023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 14
‘Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective’, written by Katalin Kelemen Katalin Kelemen著《欧洲宪法法院的司法异议:比较与法律视角》
IF 0.5 Q4 LAW Pub Date : 2019-12-02 DOI: 10.1163/22134514-00604001
Serkan Yolcu
{"title":"‘Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective’, written by Katalin Kelemen","authors":"Serkan Yolcu","doi":"10.1163/22134514-00604001","DOIUrl":"https://doi.org/10.1163/22134514-00604001","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42966296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
European Journal of Comparative Law and Governance
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1