{"title":"Legitimacy as Expressed versus Legitimacy as Experienced: Methodologies to Assess an Elusive Concept","authors":"F. van Dijk","doi":"10.36633/ulr.842","DOIUrl":"https://doi.org/10.36633/ulr.842","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671032","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}
Lucas Noyon, Lisa F. M. Ansems, Thomas E. Riesthuis, Ronald Tinnevelt
{"title":"Legitimacy of Institutions for Conflict Resolution: an Introduction","authors":"Lucas Noyon, Lisa F. M. Ansems, Thomas E. Riesthuis, Ronald Tinnevelt","doi":"10.36633/ulr.940","DOIUrl":"https://doi.org/10.36633/ulr.940","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69672700","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}
Niels Hoek, Ivar Kaststeen, Silke van Gils, Eline Janssen, Marit van Gils
{"title":"Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law","authors":"Niels Hoek, Ivar Kaststeen, Silke van Gils, Eline Janssen, Marit van Gils","doi":"10.36633/ulr.880","DOIUrl":"https://doi.org/10.36633/ulr.880","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69672912","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}
Jurisprudential accounts of judicial decision-making encompass a conceptual account of how judges decide cases and a normative account of how judges should decide cases. This paper explores the conceptual and normative dimensions of theories of adjudication and argues that these theories must be held to empirical scrutiny. The conceptual dimension of theories of adjudication clarifies what is necessarily true about judicial decision-making. The normative dimension of theories of adjudication explains how judges legitimately exercise judicial power through adjudication. In this paper, it is argued that empirical insights may shed light on the plausibility of the legitimacy claims of theories of adjudication, given the fact that these normative claims build on the descriptive dimension of these theories. Hart and Dworkin’s theories of adjudication are discussed to illustrate a narrow and wide conception of legitimacy in the context of judicial decision-making. The last part of this paper explores how empirical research based on interviews may be helpful to assess the conceptual and normative claims of Hart and Dworkin’s theories of adjudication.
{"title":"The Legitimacy of Judicial Decision-Making: Towards Empirical Scrutiny of Theories of Adjudication","authors":"Thomas E. Riesthuis","doi":"10.36633/ulr.877","DOIUrl":"https://doi.org/10.36633/ulr.877","url":null,"abstract":"Jurisprudential accounts of judicial decision-making encompass a conceptual account of how judges decide cases and a normative account of how judges should decide cases. This paper explores the conceptual and normative dimensions of theories of adjudication and argues that these theories must be held to empirical scrutiny. The conceptual dimension of theories of adjudication clarifies what is necessarily true about judicial decision-making. The normative dimension of theories of adjudication explains how judges legitimately exercise judicial power through adjudication. In this paper, it is argued that empirical insights may shed light on the plausibility of the legitimacy claims of theories of adjudication, given the fact that these normative claims build on the descriptive dimension of these theories. Hart and Dworkin’s theories of adjudication are discussed to illustrate a narrow and wide conception of legitimacy in the context of judicial decision-making. The last part of this paper explores how empirical research based on interviews may be helpful to assess the conceptual and normative claims of Hart and Dworkin’s theories of adjudication.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671620","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}
{"title":"Case Law and Collective Construction of Meaning","authors":"Terezie Smejkalová","doi":"10.36633/ulr.833","DOIUrl":"https://doi.org/10.36633/ulr.833","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135401411","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}
The paper addresses the question how and to what extent EU law instruments (the European Pillar of Social Rights, the Work-Life Balance Directive and the developing European Care Strategy) contribute to creating and/or facilitating fair working conditions for informal carers for the elderly in Poland and in the Netherlands. The analysis revealed that due to the differences in the situations of informal carers (intensity of care provided and the support for informal carers in the social and healthcare sectors) as well the differences in access to formal long-term care, the extent of EU law contributions in each country varies significantly. While in the Netherlands the most necessary actions to be taken are related to gender equality and working conditions of informal carers who mainly work part-time, in Poland the necessary actions cover different and much broader issues related to access to formal long-term care services as well as support and formal recognition of carers.
{"title":"Fair Working Conditions for Workers Providing Informal Care for the Elderly in Poland and in the Netherlands","authors":"Agnieszka Furmańska-Maruszak, Susanne Heeger-Hertter","doi":"10.36633/ulr.879","DOIUrl":"https://doi.org/10.36633/ulr.879","url":null,"abstract":"The paper addresses the question how and to what extent EU law instruments (the European Pillar of Social Rights, the Work-Life Balance Directive and the developing European Care Strategy) contribute to creating and/or facilitating fair working conditions for informal carers for the elderly in Poland and in the Netherlands. The analysis revealed that due to the differences in the situations of informal carers (intensity of care provided and the support for informal carers in the social and healthcare sectors) as well the differences in access to formal long-term care, the extent of EU law contributions in each country varies significantly. While in the Netherlands the most necessary actions to be taken are related to gender equality and working conditions of informal carers who mainly work part-time, in Poland the necessary actions cover different and much broader issues related to access to formal long-term care services as well as support and formal recognition of carers.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135008868","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}
This article focuses on the compatibility of electronic enforcement proceedings and the right to a fair trial. Since Article 6 of the European Convention on Human Rights is applicable to enforcement proceedings, enforcement proceedings must be effective and satisfy the requirement of fair trial. Electronic enforcement proceedings need to find a fair balance between accelerated enforcement and protection of human rights. Thus, the authors analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and how they are compatible with the protection of human rights. In order to answer these questions, the authors first analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and what is the application, ratione personae, of Article 6 of the ECHR in such proceedings. Second, the authors focus on some specific issues of electronic enforcement proceedings: electronic issuance and submission of enforceable documents and electronic auctions. The analysis encompasses the relevant case law of the European Court of Human Rights, and the regulation of enforcement proceedings and case law of various states. Third, the authors discuss the problems of liability for violations of the right to fair electronic enforcement proceedings. *
{"title":"Digitalisation of Enforcement Proceedings","authors":"Remigijus Jokubauskas, Marek Świerczyński","doi":"10.36633/ulr.819","DOIUrl":"https://doi.org/10.36633/ulr.819","url":null,"abstract":"This article focuses on the compatibility of electronic enforcement proceedings and the right to a fair trial. Since Article 6 of the European Convention on Human Rights is applicable to enforcement proceedings, enforcement proceedings must be effective and satisfy the requirement of fair trial. Electronic enforcement proceedings need to find a fair balance between accelerated enforcement and protection of human rights. Thus, the authors analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and how they are compatible with the protection of human rights. In order to answer these questions, the authors first analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and what is the application, ratione personae, of Article 6 of the ECHR in such proceedings. Second, the authors focus on some specific issues of electronic enforcement proceedings: electronic issuance and submission of enforceable documents and electronic auctions. The analysis encompasses the relevant case law of the European Court of Human Rights, and the regulation of enforcement proceedings and case law of various states. Third, the authors discuss the problems of liability for violations of the right to fair electronic enforcement proceedings. *","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671289","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}
{"title":"Aligning Private Climate Risk Management to Paris Climate Goals: An Australian Perspective","authors":"A. Foerster","doi":"10.36633/ulr.802","DOIUrl":"https://doi.org/10.36633/ulr.802","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670132","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}
W. V. van Doorn-Hoekveld, H. Gilissen, F. Groothuijse, H. V. Van Rijswick
{"title":"Adaptation to Climate Change in Dutch Flood Risk Management: Innovative Approaches and Related Challenges","authors":"W. V. van Doorn-Hoekveld, H. Gilissen, F. Groothuijse, H. V. Van Rijswick","doi":"10.36633/ulr.860","DOIUrl":"https://doi.org/10.36633/ulr.860","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671565","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}
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