Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

This article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street‐level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross‐border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street‐level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street‐level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.     

Gendered bodies in academia — an analytic approach to social meaning‐making among students

This article presents an analytic approach to the study of gender meaning in an academic context. In the presentation empirical material from an interview study among 29 Danish male and female university students is applied. The analytic approach is based on the conception of gender meaning as a culturally constructed phenomenon in continuous process. Current gender meaning is seen as a construction based on the idea of coherence between the gendered sign on the body and a variety of components including sexual and professionally related aspects. The connections between body sign and the components as well as among the components themselves are a continuous goal of negotiation processes among the male and female students.     

LAW,LEGITIMACY, AND EUROPEAN GOVERNANCE. FUNCTIONAL PARTICIPATION IN SOCIAL REGULATION

LAW, LEGITIMACY, AND EUROPEAN GOVERNANCE. FUNCTIONAL PARTICIPATION IN SOCIAL REGULATION
Stijn Smismans
Oxford University Press, 2004, 519 pp., £60 (hb) ISBN: 0199270309     

Implementing Social Europe in Times of Crises: Re-established Boundaries of Welfare?

This volume examines the state of social Europe when European Union principles and policies have to be implemented in the member states while the EU legitimacy crisis and the Great Recession prevail. The volume explores diverse processes, stages and subjects of implementation in a variety of social policies to identify different institutional dynamics and actor behaviours at play. The individual contributions examine the transposition of the patients’ rights directive to the Europeanisation of pension reforms; the role of national parliaments in transposing social Europe; judicial Europeanisation; and the multi-level enforcement of EU decisions. Theoretically, the volume highlights that implementation is often conditioned by domestic politics or comes as a ‘random walk’ due to organisational and cognitive constraints. Empirically, the volume has three main findings. First, the constitutive components of the EU tend to have a contradictory impact on the EU’s social policies and the national welfare systems. Second, crises influence the implementation of social Europe, at times leading to a modification of fundamental principles and content, but not across the board. Third, as a result, there is evidence of differentiated Europeanisation.     

EU constitutionalisation revisited: Redressing a central assumption in European studies

The constitutionalisation of the European Union has since the early 1990s become a truism in European studies. This article revisits the constitutionalisation theory drawing on the insights from emerging historical research and new strands of political science research. We find that the conventional constitutional narrative is less convincing when confronted with the new evidence from historical and political science research. New historical research show that Member State governments, administrations and courts have generally been rather reluctant to embrace the constitutional project of the ECJ. Furthermore, at the level of European politics, the ECJ and its case law have far from judicialized European decision‐making to the extent often claimed. Concluding, we reject the notion that the ECJ has successfully constitutionalised the EU, emphasising instead the inherent tensions in the process, which continue to complicate the efficiency of European law.     

Mental disorders and charges of violent offences. A study of male adolescent remand prisoners

This study describes associations between mental disorders and charges of violence among remanded adolescents. 100 15-17 year old boys from East Denmark, consecutively remanded during one year, were interviewed with SCAN, K-SADS and SCID-II to obtain past year ICD-10 diagnoses. There was no statistically significant association between the occurrence of a violent charge and mental disorders in general (OR=1.02, 95% confidence interval (CI) [0.24; 4.38]). An association was found between violent charge and non-Danish ethnicity (OR=7.58, [1.60; 35.92]). Previously reported association between violence and mental disorder among adults were not replicated in this male adolescent remand population. A developmental hypothesis is proposed.     

Towards an internal health market with the European court

This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state.     

Increased risk of fatal intoxication and polypharmacy among psychiatric patients at death

Patients suffering from psychiatric disorders have an excess mortality and a shorter life span expectancy compared to the general population. Furthermore, they are treated with multiple drugs and are known to have an increased risk of drug abuse. In this study, we aimed at investigating the pharmaceutical drug and drug of abuse profiles of the deceased included in the Danish prospective autopsy‐based forensic study on psychiatric patients, SURVIVE. Using the postmortem systematic toxicological analysis results, we identified 129 different consumed compounds in our population (n = 443). Polypharmacy (≥5 compounds) was detected in 39.5% of the deceased. Deceased with a psychiatric diagnosis or who died from a fatal intoxication had significantly more compounds at the time of their death compared to having either no psychiatric diagnosis or another cause of death, respectively. Evidence of drug abuse was present, as 29.8% of our total population had consumed either methadone or illicit drugs of abuse, excluding tetrahydrocannabinol. Of those deceased with a psychiatric diagnosis, 33.6% had either consumed methadone or illicit drugs of abuse, a greater number than those without a psychiatric diagnosis. Fatal intoxication was the most frequent cause of death (40.6%) with methadone as the major intoxicant. Here, we found that those without a psychiatric diagnosis had fewer fatal pharmaceutical drug intoxications compared to the psychiatric diagnosis groups. Our findings add further context to understanding the excess mortality of psychiatric patents, since there is an increased occurrence of fatal intoxication, polypharmacy, and drug abuse in this population.     

Employee representation and board size in the Nordic countries

Several European countries have mandatory employee representation on company boards, but the consequences for corporate governance are debated. We use employee representation rules in the otherwise quite similar Nordic countries (Denmark, Finland, Norway, and Sweden) to elicit information on shareholder preferences for employee representation and board size. We find that shareholders tend to choose board structures that minimize the proportion of employee representatives. In Denmark and Norway employee representation depends on board size, and shareholders choose board sizes that minimize the number of employee representatives. However, many companies have more employee representatives than is mandatory. In Sweden, where the law mandates a fixed number of employee representatives (two or three depending on firm size), shareholders choose to have larger boards. In Finland, where employee representation is not mandatory, <1 % of companies choose to have it. Whatever, the merits of employee representation, shareholders appear to be mildly averse to it.