Assessing Legitimate Structures for the Making of Transnational Labour Law: The Durability of Corporatism

In recent years, there has been greater scrutiny of the legitimacyof governance within international and regional institutionsand an emerging interest in deliberative democracy. This paperexamines the potential impact of these trends on the survivalof current mechanisms for the making of transnational labourlaw, which may be thought to reflect corporatist rather thanpluralist or deliberative practices. We focus on two examples:the tripartite constitutional foundation of the InternationalLabour Organisation, which ensures that employer and workerrepresentatives share in standard-setting alongside governmentrepresentatives, and the predominantly bipartite process ofsocial dialogue between management and labour for the formulationof European Community social policy. Despite significant differencesin approach, both organisations have chosen to prioritise participationby trade unions and employer representatives within designatedbargaining structures that are ostensibly designed to achievesome balance in their relative influence; however, the reasonsfor this preference have not always been apparent. This paperinvestigates how corporatist structures have been adapted forapplication at the international and European level, and seeksto analyse their potential for legitimacy, and thereby theirdurability.     

European Civil Society: Shaped by Discourses and Institutional Interests

Abstract: During recent years, the concept of European civil society has gained increasing popularity. The European Institutions themselves have developed a discourse on civil society and civil dialogue. Institutional interests have shaped this discourse. Reframing the normative context for EU democracy, this discourse suits some institutions better than others. In particular, the European Economic and Social Committee and the European Commission have made recourse to it; the former to redefine its proper role and combat the risk of marginalisation within the European institutional set‐up; the latter first to build support for policy initiatives in the social sphere and subsequently to respond to the legitimacy crisis of the Brussels’ bureaucracy. These institutional interests have inspired a conceptualisation of civil society as ‘functional participation’ and ‘functional representation’ rather than as ‘politicisation’ or ‘decentralisation’. However, while the Commission and the ESC have had some success in selling their discourse, to be successful in the longer run some problematic assumptions of the discourse should be tackled and both the different rationales for civil society involvement as well as the multi‐level character of European civil society and European policymaking should be taken into account.     

How Does the European Court of Justice Reason? A Review Essay on the Legal Reasoning of the European Court of Justice

This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case‐law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.     

Bosman—There and Back Again: The Legitimacy of Playing Quotas under European Union Sports Policy

The 1995 ruling of the European Court of Justice in Bosman was a pivotal point in the relationship between the European Union and sport. It has had an immense impact upon professional team sports, most notably football, in terms of liberalising the transfer system and abolishing player quotas. This paper will chart the development of a European sports law policy generally and will specifically discuss two current proposals concerning the reintroduction of playing quotas in football. We will examine the legality of these proposals with reference to Article 45 of the Treaty on the Functioning of the European Union and will evaluate the political context within which these proposals have been promulgated. It will be suggested that a possible solution, which should end legal uncertainty, could be the adoption of a collective agreement or directive based on the methodology of reflexive labour law.     

Does Co‐Regulation Strengthen EU Legitimacy?

Abstract:  Within the Better Regulation programme of the EU, co-regulation is promoted as an important strategy to improve the regulatory environment within Europe. It is assumed that co-regulation can enhance the legitimacy of EU governance in the field where this strategy is used. The purpose of this article is to assess the truth of this premise and to analyse whether co-regulation strengthens the legitimacy of EU governance. To this end, the criteria of input and output legitimacy are applied to the European social dialogue as a form of co-regulation in the EU policy area of social law. In this article, a link is made between the tendency to prescribe co-regulation as a specific regulatory strategy in EU legislative policy and the existing knowledge on the purposes and effects of co-regulation and the conditions under which co-regulation can function as a regulation strategy.     

Policing football crowds in Sweden

The policing of football crowds in Sweden is underpinned by a national coordination approach based upon a set of conflict reducing principles and supported by crowd theory. The approach is referred to as the Special Police Tactic (SPT). While focused on police capacity to exercise force, the SPT also gives primacy to tactics based upon communication, in the form of Dialogue Police. Existing research on the SPT focuses exclusively on the policing of protest crowds. This paper extends the existing literature by reporting on a large scale three-year observational research project examining the SPT as it is applied to football fixtures involving several of Sweden’s major football clubs. On the basis of our analysis we draw out how policing operations in line with facilitation and communication were associated with effective outcomes. However, we also highlight deficiencies in national coordination and coherence as well as highlighting important innovations with regard to approaches to dialogue with football fans. We explore the implications of our analysis for theoretical understanding of effective football crowd management and engagement with fan culture.     

The world of committee reports: rapporteurship assignment in the European Parliament

The academic world has shown increasing interest in the European Parliament (EP), but still more has to be done to open the ‘black box’ of its micro-management. This study is an attempt to show that puzzles in the internal workings of the EP are far from being solved or understood. Its purpose is three-pronged: First, it illustrates that the world of committee reports is characterised by disproportionality which contradicts the overall principle laid down in the standing rules of the EP. Second, the study attempts to explain and understand rapporteurship allocation. Focusing on the consumer and environment committee in the fourth term of the EP, the results indicate that the group of rapporteurs consists of members with high demands for the policy in their jurisdiction. Its preferences systematically differ from those of the legislature as a whole. Third, this article discusses four aspects that deserve further elaboration in future studies on the EP's internal organisation.     

A Game of the Half: The Manageress and the Sex Discrimination Act

As the football industry continues in its struggle to balance its traditional regulations and practices with the demands of domestic and European law it is evident that entrenched attitudes within the game will have to be changed if the industry is to avoid further damaging litigation. One such area is in the appointment of football managers (or head coaches), where the practices of selection seem to contravene the most basic principles of employment law with regard to the Sex Discrimination Acts. This article argues that the appointment of ex professional players as Managers violates the prohibition on indirect sex discrimination, and asserts that being male is not a ``genuine occupational qualification' for the post. The article analyses case studies of football managers to substantiate its claims, and uses interviews carried out with coaches and players in the women's Premier League in order to discuss sex discrimination and the non-appointment of women to one of the most important posts in the football industry in more general terms. This revised version was published online in August 2006 with corrections to the Cover Date.     

Why Do Labour Lawyers Ignore the Question of Social Justice in European Contract Law?

Abstract: Over recent years, a heated debate about social justice in European contract law has been taking place. Great emphasis is placed on ideological assumptions. For example, the over‐individualistic interpretation of European private law, its market‐led orientation and the insufficient attention paid to the idea of the protection of the weaker party. This discussion considers the traditional conflict between the meta‐principles of market‐oriented efficiency and solidarity‐based action. The whole debate, it seems to me, now calls for a more rules‐based approach. In endeavouring to validate such an approach, this article starts by illustrating the various facets connected to the theme of ‘European contract law’. Then as a preliminary step, I shall briefly examine the question as to why labour lawyers have remained silent and take no part in the discussion on European social contract law. There is ample reason to believe that the contrary is necessary. It has been generally acknowledged that labour contracts are not outside private law—individual contract law in particular—and that it represents one of the most important examples of long term incomplete contracts. The idea of labour law as autonomous is dead and it appears simple to promote the reintegration of labour law into modern social contract law. In the context of the debate on European contract law, three different strategies can be envisaged to achieve this end. The first strategy tests the degree to which provisions under the contractual regime, not all of which are legally binding, effectively meet the needs of the weaker party in the contractual relationship, in terms of his/her security—what might for short be termed the social validity of the contract regime—(the Principles of European Contract Law, the EU rules affecting contract law, etc which are analysed and proposed in the various workshops that are currently examining them), from the specific point of view of labour law. A second strategy is to codify European or Community labour law. Lastly, another strategy is to introduce an intermediate category of long‐term social contracts. What makes this last trend particularly significant for the future is that today globalisation is progressively diminishing the income earned from labour contracts and in this sense creating insecurity. In a globalised economy, where levels of remuneration are lower than in the past, the individual's sense of security must be ensured also in the context of other social or long‐term contracts (outside the workplace), which enable people to obtain other sources of finance (such as consumer credit, for example), or to make arrangements necessary for living (such as tenancy contracts). A need exists for consumers to be granted similar rights to those which historically have been granted to workers. To take just one example: if the borrower under a consumer credit agreement loses his/her job for objective reasons, or falls ill and is therefore temporarily unable to pay the instalments under the agreement, why should there not be a mechanism which limits the credit‐providing institution from terminating the credit arrangement?     

Placing the Animal in the Dialogue Between Law and Ecology

This paper explores the growing dialogue between law and ecology, and asks if there is a promising space for the development of animal law in this growing dialogue. Specifically it sets up two meetings and dialogues between ecology and law, one with law prevailing, and one with ecology prevailing, The article pursues the later meeting of ecology and law through introducing and then compiling four prominent groupings in the ecology prevailing dialogue between ecology and law (Ecosystemic Law; Earth Jurisprudence; Resilience Theory; approaches embracing philosophical complexity theory). The article argues that in this dialogue that ecologically informed approaches develop a fundamental critique of orthodox legality, and that ecologically informed approaches consequently assume the problematic of legality, and that in so doing ecology and legality are each transformed. What emerges from these transformations is an ecological jurisprudence, and ideas of Emergent Law, Adaptive Law, and Ecolaw. In the final two sections the article turns directly to the place of the animal in the ecology prevailing dialogue between ecology and law. The article argues that in this dialogue affective assemblage theory has developed as a pre-prepared place for the animal as an affective body in complex social–ecological affective assemblages. The conclusion briefly draws out some of the implications for animal law and animal lawyers in taking up the conclusions from the ecology prevailing dialogue between law and ecology. The article suggests it may well be an exciting dialogue for animal law to find a place for exploration.     

附件 欧盟研究、技术开发及示范活动第七框架计划

2006年12月18日欧洲议会及理事会1982/2006/EC号决议正式批准了《欧盟研究、技术开发及示范活动第七框架计划》(简称FP7)。FP7的首要目标是促成欧盟成为世界领先的研究中心,使得科研、技术革新和知识积累在经济增长、社会进步和环境保护方面发挥着更加重要的作用。为此FP7按照科研务求卓越的主要原则,强力促进在世界级的最尖端领域的研究工作并加大投资,而且其计划周期比FP6延长了两年。除了在自然科学技术领域外,欧盟在FP7中还增加了社会经济科学和人文科学项目,着力促进人文社会学科与自然科学之间的对话,通过鼓励批判性反思,使科技研究计划尽量满足普通公民的需求,增强民众对科技的信心。FP7计划要实现的欧盟战略目标就是:实现向知识型社会的转型,提升欧洲研究潜力和附加值     

Spectator Violence in Sports: A North American Perspective

Spectator violence has long been associated with professional football in Europe. This article examines the issue of spectator violence from a North American perspective. We begin by noting that there is little systematic research into the scope of spectator disorder in North America. Perhaps for this reason there is little consensus about the true scale of the problem on this side of the Atlantic. It does seem clear at least that there is less spectator violence associated with professional sports in North America. After reviewing a number of explanations for this finding, we conclude that it has less to do with criminal justice policies or practices, than the social context surrounding the 'spectatorship' of sports in North America. Perhaps the most important explanation for the variance in crowd behaviour concerns the demographic profiles of sports spectators in European football and North American sports.     

The hooligan and his world image in soccer vandalism. An introduction to this current phenomenon of socially deviant behavior

"Hooliganism" is a phenomenon born in the motherland of football: England. But nowadays we all are the non-volunteer spectators of this subculture form of violence and vandalism across the European continent, e.g. in Belgium, the Netherlands, the Federal Republic of Germany and so on. This article is an introduction into the West German Hooligan Scene to learn more about the social, sociological, psychological, criminal backgrounds, characters and causes for a better understanding to solve this multifunctional problem: by police, society and policy.     

Italian Courts,the ECJ and Transfers of Undertakings: A Multi-Speed Dialogue?

The paper seeks to analyse certain paradigmatic cases of dialogue—or, indeed, non-dialogue—between national judges and the ECJ, though within the (still possibly emblematic) limits of a focus on the law on the transfer of undertakings. The analysis is less concerned with portraying the detailed impact of the ECJ's decisions on the domestic legal order, and is focused more upon the 'modality' of the dialogue to date carried out between Italian and European judges. The logic, which guides this dialogue (or, the lack of its evolution), furnishes us with a better understanding of the production, circulation and impact of ECJ jurisprudence. This dialogue seems to be characterised, by non-uniform, or multi-speed, developments. On the one hand, Article 177 references have been concentrated around the theme of undertakings in critical difficulties or subject to a creditors' arrangement procedure. In this area, the Italian courts have engaged in explicit dialogue with the ECJ and have made the greatest effort to read—not without some technical-juridical struggle—the national norm in the light of the provisions of the Acquired Rights Directive and its interpretation by the ECJ. By contrast, however, with regard to other specific issues (in particular, those concerning subcontracting) it is apparent that not only were the Italian courts (and the Corte di Cassazione in particular) loathe to enter into direct dialogue with the ECJ, but also that the ECJ's jurisprudence, built up through dialogue with other national courts, was not even consulted in an effort to guarantee an interpretation of national norms, in conformity with Community law.     

Constitutional Pluralism and the Question of the European Common Good

Constitutional pluralism seems to be one of the most inspiring theories of European constitutionalism. It can account for the multilayered institutional framework of the Union. Therefore, it is a natural candidate for explaining how to track the European public interest. Pluralism may serve as the best methodology for keeping into account and for respecting the multiple perspectives on the common good represented by every institutional layer of the Union. After having examined the theories of two of the most influential authors of constitutional pluralism, Mattias Kumm and Miguel Maduro, this essay tries to show how pluralism might improve its highly potential explanatory and normative force, that is, by including in the institutional picture not only courts but also political institutions. In this way, the constitutional dialogue between the European and the national layers would be enriched, and every European and national voice might have a say in the interactions between institutions, securing a fairer way of tracking the European common good.     

The Bosman ruling and the presence of native football players in their home league: the Spanish case

This paper examines whether the Bosman ruling plays a role in the presence (participation and performance) of native football (soccer) players in their home league, focusing on the Spanish case. By abolishing transfer fees after the expiration of contracts, as well as liberalizing the migration of professional football players within the European Union, the Bosman ruling could negatively impact the participation of national players in their home league. To explore this issue, we use data from the First Division of the Spanish League for the seasons 1980/1981–2011/2012. The results suggest a decline in the number of native Spanish players as a consequence of the Bosman ruling, although the impact does not appear to be permanent. However, we find that the Bosman case has a negative and lasting impact on the performance of Spanish players in their home league. Our findings do not change when we use different subsamples or introduce controls for unobserved characteristics, or for observed characteristics that could drive the presence of Spanish players, such as participation in European competitions, the performance of the Spanish national team, and the success of teams’ youth academies, among others. This work also takes into account other changes in the nationality quota rules and the impact of other post-Bosman legislative changes, such as the Kolpak case and the Cotonou agreement.     

Towards a Sociological Understanding of Football Hooliganism as a World Phenomenon

In this article a sociological diagnosis of football hooliganism as a world phenomenon is given. The author uses mainly English (newspaper) data about football violence (in and outside England) as an empirical base to explore how hooliganism can be theorised and understood. These data can usefully serve as a rough indication of the worldwide incidence of football hooliganism in the twentieth century. The author favours the figurational/process-sociological approach to football hooliganism which is historical and developmental. It also involves an exploration of the meanings of hooligan behaviour via an analysis of verbatim statements by the hooligans themselves, locates the football hooligans in the overall social structure, especially the class system, and examines the dynamics of the relationship between them and groups in the wider society. It is important, nevertheless, to stress that it is unlikely that the phenomenon of football hooliganism will be found always and everywhere to stem from identical social roots. As a basis for further, cross-national research, it is reasonable to hypothesise that the problem is fuelled and contoured by, among other things, what one might call the major 'fault-lines' of particular countries. Effective policies are urgently needed if the great social invention of football is to be protected from the serious threat posed by a combination of hooligan fans, complacent politicians and money-grabbing owners, managers and players.     

Intra-party delegation in the Portuguese legislature: assigning committee chairs and party coordination positions

In European parliamentary democracies political parties control candidate selection, maintain cohesion in the legislature and support governments. In addition to these classic functions, parties also organise the legislature delegating power to legislators, specifically as committee chairs and party coordinators. Delegation is inherently dangerous, involving potential agency loss. Parties, however, have ex-ante and ex-post institutional mechanisms to deal with agency problems. In this paper, a case study is made of the Portuguese legislature, arguing that parties make use of their pivotal role in selecting legislators as committee chairs and party coordinators to keep tabs on legislators to thwart shirking from the party line. This paper finds that political parties use incumbency as an ex-ante screening mechanism of committee chairs and party coordinators in looking for reliable signals of past behaviour to decrease uncertainty. Additionally, evidence suggests that extra-parliamentary party structure is used as an institutional arena for ex-post control of party coordinators.     

‘European Governance’ or Governmentality? The European Commission and the Future of Democratic Government

The word ‘governance’ has become an increasingly central policy motif in the European Union and elsewhere yet its meanings are ambiguous and often poorly understood. This article examines the genealogy of that concept focusing in particular on the European Commission's claim to have developed a new, more open and progressive model of ‘European governance’. The paper is set out in four steps. The first analyses the European Commission's claims for ‘governance’ as a concept integral to its new vision for Europe. The second interrogates some of the conflicting definitions and meanings inherent in the term and examines the highly selective paradigm of governance that has been developed in official Commission discourse. The third addresses two specific areas where the Commission's governance model has been applied: the Green paper on The Future of Parliamentary Democracy and the Open Method of Coordination. The fourth turns to analyse these findings using critical social theory. I conclude that far from laying the grounds for a more inclusive, participatory and democratic political order, the Commission's model to governance represents a form of neoliberal governmentality that is actually undermining democratic government and promoting a politics of exclusion.     

Term Limits,Campaign Contributions,and the Distribution of Power in State Legislatures

Using campaign contributions to legislators as an indicator of member influence, we explore the impact of term limits on the distribution of power within state legislatures. Specifically, we perform a cross‐state comparison of the relative influence of party caucus leaders, committee chairs, and rank‐and‐file legislators before and after term limits. The results indicate that term limits diffuse power in state legislatures, both by decreasing average contributions to incumbents and by reducing the power of party caucus leaders relative to other members. The change in contribution levels across legislators in different chambers implies a shift in power to the upper chamber in states with term limits. Thus, the impact of term limits may be attenuated in a bicameral system.