区域经济一体化进程中法院执行协助问题研究——以环渤海地区法院之间的委托执行为例

本文针对区域经济一体化进程中日渐增多的法院委托执行问题,对最近十年环渤海地区各级人民法院之间委托执行案件的情况进行了实证考察,分析阐释了委托执行工作中存在的问题及成因,并结合环渤海地区的实际,提出重新配置环渤海地区法院之间委托执行的权限以及完善相关监督机制的设想。     

European Union Soft Law: New Developments Concerning the Divide Between Legally Binding Force and Legal Effects

The judgment in Polska Telefonia Cyfrowa sheds light on the legal effects of soft law instruments that the Court of Justice of the European Union (CJEU) will recognise, while distinguishing between their legally binding force and their legal or practical effects. European soft law is now often relied on in national courts, and can have an important impact on the rights and obligations of individuals. However, some of the goals of the Commission are only partly attainable due to the specific legal status of soft law instruments, and the current languages policy of the European Union. Given that soft law was not found to expressly impose obligations on individuals, the Court held that there was no requirement to publish it in all the official languages of the European Union. This has a negative impact on transparency and legal certainty, diminishing the role of soft law instruments in promoting such goals.     

Local Authorities and the Accountability Gap in a Fragmenting Schools System

Reforms to the English education system under the UK's coalition government are building on the so‐called ‘schools revolution’ that previous Labour governments began through legislation increasing both schools' autonomy from local authorities and the system's diversity. Growing numbers of state‐funded schools have converted to academies outside local authority control, particularly since the Academies Act 2010, while opportunities have emerged for ‘free schools’ to be established by various interest groups. The right to establish a school has normative human rights underpinnings, yet the government's policy as a whole is particularly controversial due to the increased risk of social division, instability of local schooling arrangements and significantly reduced local democratic accountability for state funded education. This article questions whether, against a background of three decades of centralising educational reform and a concomitant decline in the role of local (education) authorities, the local public interest in education is being adequately safeguarded.     

One Strike to Second Chances: Using Criminal Backgrounds in Admission Decisions for Assisted Housing

The U.S. Department of Housing and Urban Development (HUD) has changed its position toward housing individuals with criminal records from strict one-strike policies in the 1980s to providing second chances to returning citizens. Many public housing authorities have not updated their admission policies for using criminal backgrounds and still adhere to the one-strike philosophy. In response to new guidance from HUD, housing agencies are trying to find a balance between screening practices to identify demonstrable risk but avoid discrimination and violation of the Fair Housing Act. This research examines several questions critical to assisting housing providers to address the new guidance from HUD. Findings provide direction for housing providers on understanding recidivism risk rates, using useful lookback periods, considering risk and harm across crime types, and verifying rehabilitation and other evidence to design informed policies and procedures for using criminal records in admission decisions for assisted housing.     

Privacy,surveillance, and the proportionality principle: The need for a method of assessing privacy implications of technologies used for surveillance

Developments in technology have created the possibility for law enforcement authorities to use for surveillance purposes devices that are in the hands or private premises of individuals (e.g. smart phones, GPS devices, smart meters, etc.). The extent to which these devices interfere with an individual's private sphere might differ. In the European Union, surveillance measures are considered lawful if they have been issued in conformity with the legal rules and the proportionality principle. Taking a fundamental rights approach, this paper focuses on the information needed for adopting proportionate decisions when authorizing the use for surveillance of devices that are not built for surveillance purposes. Since existing methods of privacy assessment of technologies do not offer the required information, this paper suggests the need for a new method of assessing privacy implications of technologies and devices which combines an assessment of privacy aspects with the different dimensions of surveillance.     

Choosing channels. Intra-state and extra-state strategies of Belgian subnational authorities in response to the European Semester

Europeanization literature has found that, in general, subnational authorities prefer to target the EU indirectly via member state channels. This article tests whether these findings hold in the non-legislative domain of the European Semester. With respect to the Belgian case, the article concludes that all Belgian subnational authorities indeed primarily use the cooperative intra-state channels as a response to the domestic division of competences and the EU decision-making procedures. It also finds that in addition especially Flanders invests substantially in extra-state strategies towards EU institutions. The article concludes that stronger time constraints, lower compliance pressure and the more politically salient issues of the European Semester trigger the most prosperous and identity prone region to adopt additional extra-state channels on top of the dominant intra-state channels.     

Estimating the Performance of Local Authorities as a Measure to Overpass the Financial Crisis: The Greek Case Study

Nowadays, local authorities face a number of problems that are related to the global economic crisis. For every government, the idea of measuring authorities’ performances and transferring funds based on this estimation seems to be a solution for their sustainable development. In this article, we introduce a methodological framework for measuring the performance of local authorities based on the (a) quality of services offered, (b) complexity of operational procedures, and (c) cooperation with the central governance. Finally, we propose a model for improving local authorities’ effectiveness.     

What is a Chief without Land? Impact of Land Reforms on Power Structures in Namibia

Abstract

Land is a key element to socio-economic development, peace- and state-building in Africa. It is inherent to local identity and inextricably linked to power. In Namibia, land rights were historically administered and allocated by traditional authorities. However, with the adoption of the 2002 Communal Land Reform Act, these customary land rights were codified. Drawing on qualitative interviews conducted in Namibia with state officials, traditional authorities of the Nama and Ovambo ethnicity, workers and farmers, we show that although it was presented as a decentralization reform, the Act reintroduced the Namibian state as a central actor in land tenure. This has resulted in power struggles between the state and traditional authorities, albeit to varying intensities as some traditional authorities have historically restricted access to communal land and limited political leverage.     

Trends in the Governance and Governing of Schools in England

Abstract

This article identifies and develops themes in changes in the governance and governing of schools in England in the last 40 years. The themes are: the drive to improve school performance and pupil attainment; the depoliticisation of school governing; the development of school governing as managerial scrutiny; the growth in the influence of Ofsted; the increasing diversity of institutional forms and governing structures; the increasingly conflicting roles of school governing bodies; the development of the role of the head teacher in governance; the overall decline in the influence of the local authority in school governing and governance; the changing influences on the stakeholder model; and changes in the nature of governing, effectiveness and future prospects. The analysis draws on recent research reports and relevant statutes, policies and guidance. Two main arguments develop. First, a tension is at work in the system generally between (peripheral/school) autonomy and (central/government) control and direction, which has significant implications for the role of the local authority. Second, the stakeholder involvement and democratic accountability purposes of school governing have shifted towards an explicit purpose of improving institutional performance, which is configured in a relatively narrow way. This change has implications for the way that the legitimacy of school governance is viewed.     

基层公安机关加强舆论引导的研究与实践

公安宣传思想工作是党的宣传思想工作的重要组成部分，也是公安工作的重要组成部分。公安舆论引导是公安宣传工作的重要工作之一。基层公安机关加强舆论引导必须认真落实新闻发言人制度；建立协调机制，争取舆论支持；强化制度保障；完善工作纪律；加强公安宣传思想，注重工作部门的自身建设。