Regional parliaments questioning EU affairs

ABSTRACT

Since the Treaty of Lisbon, the desire of parliaments to adapt to their new powers has led to a new wave of Europeanisation. However, the early warning system (EWS) and the political dialogue with the Commission constitute only a small part of parliamentary scrutiny for regional parliaments, which still largely rely on traditional tools such as mandates, debates and questions. Therefore, this paper studies a traditional mechanism of scrutiny, parliamentary questions, in order to understand how they can be used in an EU context. The study shows that Europeanisation is progressing slowly. Interestingly, the vast majority of MPs who ask EU-related questions are not members of the European Affairs Committee. In addition, questions focus primarily on the implementation stage rather than the policy-making stage. Finally, the content of parliamentary questions shows that regional parliaments have a distinctive territorial approach to EU affairs.     

Restorative Justice,Consistency and Proportionality: Examining the Trade-off

Abstract

Restorative justice conferences that operate as sentencing mechanisms involve the making of a trade-off between empowering lay participants to make their own decisions, and the requirements of consistency and proportionality, which are established principles of sentencing. In current restorative justice practice, this trade-off tends to be made more in favour of consistency and proportionality, at the expense of the empowerment of lay participants.

Empowerment is central to key benefits of restorative justice, such as reducing recidivism and increasing victim satisfaction. However, its importance to the effectiveness of restorative justice is not always properly acknowledged. In addition to this lack of acknowledgment, there are both conceptual and practical problems with the principles of consistency and proportionality (particularly in the way that they are presented when considered in relation to restorative justice) that are often overlooked. As a result, the tendency is for assumptions to be made about the necessary supremacy of these principles over empowerment. This paper urges more acknowledgement of the importance of empowerment in restorative justice, together with a greater appreciation of the problems with consistency and proportionality, with a view to challenging assumptions about the way that the trade-off must be made.     

Community effects on women’s help-seeking behaviour for intimate partner violence in India: gender disparity,feminist theory,and empowerment

ABSTRACT

While prior research has shown empowerment and gender disparity affect risk of intimate partner violence (IPV) in India, little research attention has been given to the effects of gender disparity and empowerment on the likelihood of help seeking for IPV. The present study used the nationally representative population-based 2005–2006 Indian National Family Health Surveys to assess individual/relationship- and community-level factors that influence help-seeking behaviour among a sample of women who reported having been involved in IPV. Results from the multilevel analyses revealed that working status, decision-making in the partner dyad, illiteracy, controlling behaviour, and severe physical or sexual abuse at the individual/relationship level affected the likelihood of help seeking. At the community level, age at marriage for women and the proportion of severe physical or sexual abuse affected help-seeking behaviours. Significant variation remains unexplained at the state level. Implications for programming are discussed.     

Building just community on a college campus

Three professors at a regional public university describe the goals, methods, and results of an experimental course in empowering a diverse group of students to build a more just community among themselves. Students critically examined theories of community and justice in relation to the social construction of difference, including their own experience as members of various social class, racial/ethnic, gender, sexual orientation, and ability groups. A six-hour diversity workshop designed by the National Coalition Building Institute and Arnold Mindell's principles of deep democracy were used to transform the class, increase group awareness, and model more authentic, generous interactions. Students then developed Action Research teams to plan and carry out a project to enhance the larger campus community. Faculty and students reported increased critical consciousness, empathy skills, empowerment, and a sense of community among students. Faculty concluded that it was necessary to focus specific attention on social injustice within the classroom and on campus, rather than "out there" in the world. Sharing our experience and responding to different needs of group members promotes learning, strengthens democracy, and humanizes us all.     

Belgian regional parliaments and the European Union: an analysis of parliamentary scrutiny in agricultural and environmental policies

ABSTRACT

Drawing on qualitative case studies of two specific European decision-making processes in the agricultural and environmental sectors, this paper discusses how and why Belgian regional parliaments activated (or not) their control mechanisms to scrutinise their respective regional ministers. The findings show that parliamentary scrutiny of the agricultural and environmental policy fields has undergone a process of institutional and behavioural Europeanisation. Belgian regional parliaments rely mostly on classical parliamentary tools aimed at gathering information and, to a lesser extent, on constraining instruments aimed at influencing their government. Rather than trying to influence the EU negotiations, the MPs try to assess the potential impact of the reforms on their regional policy sectors. The findings also demonstrate that domestic media coverage and political salience of the EU negotiation associated with important implementing powers of regional parliaments have a positive effect on the level of scrutiny conducted by Belgian regional assemblies.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

The Government of Health Care and the Politics of Patient Empowerment: New Labour and the NHS Reform Agenda in England

This article considers the issue of patient empowerment in the context of New Labour's proposed reforms to the National Health Service (NHS) in England. Through an exploration of some of the key measures in the government's white paper High Quality Care for All, the article argues for a conceptualization of patient empowerment as a political technique of governing. Patient empowerment, it is contended, can no longer be understood solely as a quantitative phenomenon to be balanced within the doctor‐patient relationship. Rather, its deployment by the government as a way of governing health and health care more broadly demands that we consider what political functions—including, importantly, it is argued here, managing the problem of the increasing cost of illness and health care—patient empowerment may be involved in performing. In order to assist in this enquiry, the article draws on some of Michel Foucault's work on the art of governing. It is suggested that his understanding of the neoliberal mode of governing best captures the proposed changes to the NHS and the role patient empowerment plays in their implementation.     

Regional parliaments in the EU multilevel parliamentary system

ABSTRACT

European integration has created a multilevel political system that is dominated by executive actors. Despite the increasing competences of the European Parliament, a growing EU-awareness of national assemblies and an emerging attention of regional parliaments for EU affairs, the EU polity still lacks a sound parliamentary representation. As the EU presents itself as a representative democracy, the current set-up raises questions from the perspective of democratic legitimacy. The establishment of multilevel parliamentarianism may be part of the remedy. This introduction focuses on the position that regional parliaments take in such a European multilevel parliamentary system. The authors address three relevant questions: what roles do regional parliaments take up in terms of legislation, scrutiny and networking? To what extent are they empowered by the Lisbon Treaty? And what explains the variation in their activities? The authors develop hypotheses that are, to varying degree, addressed by the contributions in this special issue.     

Spokes in the wheel. European affairs and the parliamentary administration of German Landtage

ABSTRACT

Over the last decades, regional parliaments were considered to play a minor role in European affairs. Not only was the salience of the EU low at the regional level, but politicians elected into these bodies also often lacked vested interests and capacities to become more involved in dealing with complex multi-level questions. After the constitutional strengthening of regional parliaments in EU decision-making, this paper considers one under-researched aspect behind the growing appetite of regional parliaments to become more involved in the scrutiny of EU affairs: the role of unelected parliamentary officials. Based on qualitative interviews in 12 German regional parliaments, the authors highlight how regional parliaments exert control over their governments and what role horizontal administrative networks among parliamentary staff play in the engagement of regional parliaments in EU affairs.     

The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law

Authority qua empowerment is theweak reading of authority in Hans Kelsen's writings.On the one hand, this reading appears to beunresponsive to the problem of authority as we know itfrom the tradition. On the other hand, it squares withlegal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends anormativity thesis along with the separation thesis,and it is at any rate arguable that the normativitythesis mandates a stronger reading of authority thanthat modelled on empowerment. I offer, in the paper,a prima facie case on behalf of a stronger reading ofauthority in Kelsen. I go on to argue, however, thatthe textual evidence weighs heavily in favour of theweak reading. Both nomostatics and nomodynamics arepervasive points of view in the Pure Theory of Law,and both reflect species of empowerment as theendpoint of Kelsen's reconstructions.

     

A study into the layers of automated decision-making: emergent normative and legal aspects of deep learning

ABSTRACT

The paper dissects the intricacies of automated decision making (ADM) and urges for refining the current legal definition of artificial intelligence (AI) when pinpointing the role of algorithms in the advent of ubiquitous computing, data analytics and deep learning. Whilst coming up with a toolkit to measure algorithmic determination in automated/semi-automated tasks might be proven to be a tedious task for the legislator, our main aim here is to explain how a thorough understanding of the layers of ADM could be a first good step towards this direction: AI operates on a formula based on several degrees of automation employed in the interaction between the programmer, the user, and the algorithm. The paper offers a fresh look at AI, which exposes certain vulnerabilities in its current legal interpretation. To highlight this argument, analysis proceeds in two parts: Part 1 strives to provide a taxonomy of the various levels of automation that reflects distinct degrees of human–machine interaction. Part 2 further discusses the intricate nature of AI algorithms and considers how one can utilize observed patterns in acquired data. Finally, the paper explores the legal challenges that result from user empowerment and the requirement for data transparency.     

Options towards a global standard for the protection of individuals with regard to the processing of personal data

PurposeStates have adopted a number of international instrument dedicated in full or in part to privacy and data protection, at multilateral or regional levels, in binding or non-binding form. This article discusses the potential and context of the emergence of a possible global standard on data protection focusing on the 1981 Council of Europe Convention for the Protection of Individuals with Regard to the Processing of Personal Data, as amended (Convention 108+).AimsWith due regard being paid to the dynamic technological and business environment that surrounds policy-making in the field of personal data protection, this article attempts to look at some strengths, weaknesses, opportunities and challenges of Convention 108+ in the competition for becoming a global standard. It seeks to identify possible future directions and priorities, taking into account the evolving nature of international relations in a more multipolar world where multilateralism is less obviously the preferred approach to international issues.FindingsInformed by an in-depth study of relevant international instruments relating to the right to privacy this article explores several strengths and opportunities that may be built on to promote a global role for Convention 108+, but also some weaknesses and threats. In sum, it concludes that the Convention is relatively well placed to ambition becoming a global standard.     

Equal Application or Unequal Treatment

Abstract

Florida's community control program (CC) developed as a punitive alternative to prison. Characterized by intensive supervision and home confinement, the language and the guidelines assume gender equality, however, the model ignores the family responsibilities of controllees. Because women are more likely than men to be primary caregivers for their families, the issue has gender implications at the policy level. This study examines the background of CC legislation in relation to gender, and presents a case example of how the language of community control is applied at the local level. From interviews and observations, the authors show how officers and female controllees in a county program describe the tensions between caregiving and policy restrictions in their daily lives. They argue that caregiver status should be addressed at the policy level, and advocate the formation of “social families” as a way to help controllees meet CC requirements while caring for families.     

Conclusion: regional parliaments – a distinct role in the EU?

ABSTRACT

Regional parliaments can shape EU policy-making via a range of domestic and European channels. In the context of a renewed interest in the subnational level, this article aims to address three core questions: have regional parliaments really been empowered by the early warning system provisions? Which factors explain differences in strength and mobilisation? Finally, what kind of a role do regional parliaments play in EU policy-making today, now that they have had several years to react to the trend towards multilevel parliamentarism? The authors argue that regional parliaments do indeed have the potential to contribute a distinct perspective to EU policy-making, even if their current level of activity is still low. Their distinctive territorial focus sets them apart from national parliaments. Their level of activity still varies greatly between parliaments depending on a number of factors.     

Working with children and young people with harmful sexual behaviours: exploring impact on practitioners and sources of support

Abstract

Although practitioner impact and support in the adult sex offender field has gained increasing research recognition, less is known about these issues in work with children and young people with harmful sexual behaviours which is the focus of this study. Using qualitative methods, 16 practitioners from one organisation took part in semi-structured interviews. Quantitative data were also obtained via a subsequent postal questionnaire. Findings revealed that positive effects far outweighed negative impact. Furthermore, practitioners identified organisational factors as being more directly related to negative impact. It was concluded that meaningful supervision and support involve various key components. Whilst recognising essential case management and accountability requirements, supervision (ideally by a manager experienced in sexual behaviour work) should be practitioner led and focused and support for employees should be trusted, confidential and separate from organisational procedures (i.e. performance appraisal). External clinical supervision by an experienced supervisor was also suggested as helpful.     

What judges know about eyewitness testimony: A comparison of Norwegian and US judges

Abstract

We surveyed 157 Norwegian judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Norwegian judges were somewhat more knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony. The Norwegian judges, like the US judges, frequently differed from eyewitness experts in their responses to such important issues as whether eyewitness confidence is related to identification accuracy at trial and what is the best method for conducting identification procedures. As was true for the US judges, more knowledgeable Norwegian judges had many of the beliefs that may be necessary for reducing and mitigating the effects of eyewitness error. The results suggest that increasing judges’ knowledge of eyewitness testimony may be an important component of the solution to eyewitness error.     

Teaching Race and Crime

Abstract

This paper examines the experiences of a select group of faculty (N = 37) from across the country who teach courses related to race and crime. Using survey methodology, the researchers solicited the faculty members' views on the course as well as their experience in teaching the course. The research was also designed to determine the receptivity of students to the course, as well as the nature of the evaluation scores of instructors who teach these courses. Most instructors reported having had a good teaching experience and felt the course should be required. Respondents also indicated that their teaching evaluation scores for race and crime courses were generally in line with their scores for other courses. The research found very minimal differences between the teaching evaluation scores of white and nonwhite race and crime instructors. Students were perceived to be generally enthusiastic about taking this course.     

Simulating amnesia and memories of a mock crime

Abstract

Defendants often feign (i.e. simulate) dissociative amnesia for their crimes. The Symptom Validity Test (SVT) may be used to detect such feigning. Some studies have shown that feigning amnesia for a mock crime has memory-undermining effects. In this study, we wanted to replicate the memory-undermining effects of simulated amnesia. We also examined whether such effects would occur when participants’ memories were evaluated with a SVT. Thirty participants committed a mock crime and then simulated amnesia for it. During a follow-up test, participants were instructed to perform as well as they could on a free recall test and a SVT. Their memory performance was compared with that of a control group (n=30). Although only a minority of simulating participants (7%) was detected by our SVT, the memory-undermining effect of simulating amnesia appeared to be a robust phenomenon. That is, ex-simulators displayed poorer free recall, more commission errors, and lower SVT scores relative to memory performance of honestly responding controls. However, at follow-up testing the poor memory of ex-simulators did not take the form of a real amnesia (i.e. random performance on SVT).     

The impact of international human rights norms—a “law undergoing evolution”

Abstract

In this paper, the author outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in New Zealand, Australia, England and elsewhere in the Commonwealth of Nations. Formerly, international and domestic law were virtually entirely separate. But now, there is increasing legal authority to support the use of international human rights jurisprudence in domestic judicial decision‐making. It can be done in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the Bangalore Principles, it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, as far as possible, to such principles.

In its decision in Tavita, the New Zealand Court of Appeal declared this to be “a law … undergoing evolution”. The author outlines some of the impediments and problems for the evolution. But he also collects the reasons why it is a natural and inevitable phase of the common law in the current age. He suggests that judges should be aware of the developments. In appropriate cases, they should inform their decisions with relevant international human rights jurisprudence. That will at least ensure that they develop domestic human rights law in a principled way, consistently with international law, and not in an idiosyncratic fashion “discovering” new fundamental rights which may otherwise be criticised as mere judicial invention.     

Revisiting broken windows theory: A test of the mediation impact of social mechanisms on the disorder–fear relationship

PurposeBroken windows theory predicts that disorder signals a lack of neighborhood control, sparks fear of crime, and sets off a chain reaction ultimately resulting in crime. Support has been found for the disorder–fear link, but the present study argues that this link is actually intended to be indirect—perceived loss of control is what should cause fear.MethodsHierarchical linear models and structural equation models test four hypotheses regarding whether social cohesion and expectations for social control mediate the disorder–fear relationship.ResultsResults support partial mediation.ConclusionResults suggest confirmation of a portion of broken windows theory, in that disorder may inspire fear partially as a result of its detrimental impact on neighborhood cohesion and shared expectations for social control.