When Worlds Collide: Enforcing United Nations Security Council Asset Freezes in the EU Legal Order

Asset freezes are since 2000 being applied by the United Nations (UN) Security Council (SC) to non-state actors. This came about as a 'mutation' of the sanctions program initiated by Resolutions 1267 (1999), 1333 (2000) and 1390 (2002): currently the targets are only supected terrorists or terrorism financiers.
This 'mutation' has created perplexities and problems, namely for the EU, which enforces UN SC Resolutions by a combination of first and second pillar methods. The main problem concerns issues of fundamental rights, currently being litigated.
The debate on the compatibility of the current practice of UN SC asset freezing within EU law takes place amidst a fundamental lack of clarity as to the exact purposes and operational objectives of such freezes. It is argued that this practice amounts to an ad hoc (para-)criminal procedure measure, enacted by political bodies rather than courts, and without judicial oversight.
The current UN SC practice of asset freezing against non-state actors breaches the right to judicial review, as well as the presumption of innocence. If this practice it is to continue at all, methods that make it fully compatible with the rule of law must be adopted. Especially, their renewal ad aeternum should not be possible.     

Implementation of CRM systems in Portuguese Municipalities

Customer relationship management is a business strategy which dynamically integrates a set of services with the purpose of creating value for the organisation and for their customers. In Portugal, the 2009/2010 edition of ‘Simplex for Municipalities’, the action plan carried by the Portuguese government through the Secretary's Office of State for Administrative Modernisation, makes a commitment to promote a set of initiatives in order to help citizens using the public services. This process intends to reduce costs of context which burden the economic activities, making way for the modernisation of administration. Customer relationship management assumes a central role in this context. This paper presents the main results of a survey that was carried out with Portuguese municipalities, aiming a general characterisation of the adoption of customer relationship management systems, covering several aspects, from the motivations for CRM adoption to the obtained results. The improvement of the relationship with citizens and a higher information quality are some of the most important results obtained by municipalities.     

Prison sentences: last resort or the default sanction?

ABSTRACT

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges’ views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a ‘last resort’ solution. Indeed, we did not find this ‘last resort’ position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges’ training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.     

The convergence of nonequity housing models in Canada: Changes to housing policy since 1990

Abstract

This study examines the impact of housing policy convergence on the nonequity housing system in Ontario, Canada. Ontario has four distinct nonequity housing models— public, nonprofit cooperative, municipal nonprofit, and private nonprofit. This article argues that since 1990, housing policy in Canada, and particularly in Ontario, has become increasingly influenced by the neoconservative agenda of downsizing and decentralization of government functions found in the United States.

The findings reveal that changes to housing policy have caused the convergence of nonequity housing models in the areas of management and administration. Drawing on the present findings and on an experimental project in tenant management, this article argues that the trend toward convergence will continue and will likely result in one nonequity housing model in Canada. This pattern is interpreted in light of the neoconservative agenda of both countries that emphasizes private sector solutions to housing low‐income families.     

Making rules credible: divided government and political budget cycles

Political budget cycles (PBCs) can result from the credibility problems office-motivated incumbents face under asymmetric information, due to the temptation to manipulate fiscal policy to increase their electoral chances. We analyze the role of rules that limit public debt, because borrowing is a necessary condition for aggregate PBCs. Since the legislature must typically authorize new debt, divided government can make these fiscal rules credible. Commitment is undermined by either unified government or imperfect compliance with the budget law, which can help explain why PBCs are stronger in developing countries and in new democracies. When divided government affects efficiency, voters must trade off electoral distortions and government competence.