Between discretion and control: Reflections on the institutional position of the Commission within the European citizens' initiative process

This article considers the institutional position of the Commission within the European citizens' initiative (ECI) process, with particular emphasis on its decision regarding the admissibility/registration of a proposed ECI, and its final decision on the outcome of an ECI which has met the necessary levels of support. The purpose of this contribution is to juxtapose the case‐law of the Court on the Commission's discretion and the relevant provisions of the Treaties with the evolution of European integration and, more specifically, the evolution of the Commission's role therein. Viewed under this prism, the Commission's powers at the registration stage (which in any event clearly fall under the scope of judicial review) are compatible with the constitutionalisation of the Union, whereas the Commission's width of discretion at the follow‐up stage, while compatible with the Commission's prerogatives, cannot easily be reconciled, nonetheless, with the Commission's limited legitimacy when compared to that of the co‐legislators, the fact that it may not always represent the Union interest, and the latter's pragmatic losses within the EU institutional balance.     

Matricide by person with bipolar disorder and dependent overcompliant personality

Matricide is an infrequent form of homicide. This paper is to present a case of matricide with typical characteristics of the act but interesting particularities as well. The perpetrator was a 43-year-old man, respected member of his community, with over compliant characteristics, eagerness in serving people and caring his parents, good social adaptation before and after the crime. He abandoned his family and work in order to better serve his old, disabled but over demanding mother who frequently insulted and humiliated him. Suddenly he came to a state of "mental confusion" and strangled her. After the crime, the perpetrator manifested the symptoms of a bipolar disorder and also received the diagnosis of dependant personality disorder. Years later, he presented again a crisis of escalating aggressive urge for which he was hospitalized. Many people and associations of his hometown actively demanded the minimal possible punishment for him. The case is discussed especially concerning: a) hypotheses about the aetiopathogeny of the act, b) the constant support provided to the perpetrator by his family and social environment.     

False Accounts: Why Do Company Statements Often Offer a True and Fair View of Virtual Reality

This article draws attention to the systematic and organised criminal acts committed by legitimate enterprises and professionals, focusing on accounting fraud. Firstly, the extent and consequences of false accounting are considered, then a theoretical framework is outlined which focuses on structural issues commonly found in financial scandals around the world. The Gokal/BCCI fraud is summarised as a case study offering insights into the motives and modi operandi of accounting frauds. The analysis centres on theoretical and practical lessons to be learned from this case, which is placed in the context of evidence from other frauds in Europe and the USA. The article points to the importance of strains and pressures perpetrators are subject to, the rationalisations they use, the organisational culture and anomie. The author concludes with an outline of the policy implications.     

Structural sources of international crime: Policy lessons from the BCCI Affair

The Bank of Credit and Commerce International (BCCI) was established in 1972 to provide help for poor people and poor countries. However, its scandalous closure, as the centre of a huge fraud, indicated that the main beneficiaries of the services of BCCI were the Colombian drug barons, the CIA, and several prominent Third World dictators. The BCCI collapse provides an opportunity to look into these global networks of criminality. It demonstrates that the lines between legitimate and illegitimate enterprises can be very thin; that illicit enterprises can themselves collaborate; and that the bank was itself involved in covert operations and the foreign policies of several states. The BCCI scandal presents a number of lessons in regulatory failure.     

Measures and mechanisms to strengthen international cooperation among prosecution services

International cooperation among prosecution services is an urgent necessity and cooperation mechanisms are evolving rapidly to keep pace with new technologies. Their evolution over the last decade or so reflects the new determination of States to work more closely with each other to face the growing threats of organized crime, corruption and terrorism. Because of the dynamic nature of these crimes, Member States must constantly refine and perfect their strategies. Yet, in spite of the considerable progress achieved at the bilateral, regional, and international levels, international cooperation in the investigation and prosecution of serious crimes still needs considerable strengthening. This paper reviews some key issues, trends, and innovative practices with respect to both formal and informal international cooperation in criminal matters. It considers some of the practical issues that have recently emerged during the implementation of these measures and strategies as well as some of the solutions that are being advanced.     

Contemporary Left‐wing Populism in Latin America: Leadership,Horizontalism, and Postdemocracy in Chávez's Venezuela

Critical engagement with the case of Chavismo in Venezuela can offer valuable insights for a fuller understanding of contemporary populism in Latin America. While for some scholars Chávez's populism has fostered popular empowerment, others dwell on the newly confirmed tensions between populism, liberal rights, and democratic proceduralism. This article embraces both positions but moves beyond their one‐sidedness to cast Chavista populism as an inherently contradictory phenomenon that has constituted an ambivalent and transitory process in response to the gradual closure of liberal (post)democracy. Chavista “caesaro‐plebeian” populism is construed as a site of tension and contention, which entails both promises and dangers for democracy. To make these points, the article draws on the discursive analysis of populism and on a new, productive shift in the study of populism in Venezuela, which pursues ethnographic field research on social movements instead of focusing exclusively on the figure of the leader.