The highest Dutch courts and the preliminary ruling procedure: Critically obedient interlocutors of the Court of Justice

Little is known about the motives of national courts to request a preliminary ruling from the Court of Justice of the EU (CJEU) or their satisfaction with and implementation of answers. This article aims to fill this empirical gap on the basis of an analysis of judgments complemented with interviews with judges of the highest courts in the Netherlands. This article shows that judges extensively use the procedure and follow its outcome almost without exception, despite some dissatisfaction. This discontent has surprisingly not affected the courts' willingness to refer in future. The findings also downplay the bureaucratic politics and judicial empowerment theses emphasising strategic motives to refer. Instead, legal‐formalist considerations and the desire to contribute to the development of EU law explain most of the references of the Dutch Supreme Court. The decision (not) to refer of the three highest administrative courts is primarily based on practical and pragmatic considerations.     

Street-level bureaucrats' emotional intelligence and its relation with their performance

This article analyses whether the emotional intelligence (EI) of street-level bureaucrats, in this case inspectors, predicts their individual performance. It explores whether EI predicts the aggression that inspectors face and whether this explains the relation between EI and performance. Our survey among 547 inspectors, measuring their (self) perceptions, shows that inspectors' ability to appraise others' emotions and use their emotions intelligently (i.e., motivating themselves and maintaining a positive attitude) is significantly associated with inspectors' performance. Ability to appraise others' emotions predicts increases encountered aggression (as perceived by inspectors), and capacity to regulate one's emotions correlates with decreased perceived encountered aggression. The paper contributes to street-level bureaucracy literature by identifying affective factors that help explain performance, and to EI literature by theorizing and testing succedents of various dimensions of EI rather than assuming that EI is unidimensional. Dit artikel verkent of de emotionele intelligentie (EI) van inspecteurs hun individuele prestaties voorspelt. Er wordt onderzocht of EI verklarend is voor de agressie waarmee inspecteurs te maken krijgen, en of deze ondervonden agressie vervolgens de prestaties verklaart. Uit dit onderzoek waarin we de (zelf)perceptie van 547 inspecteurs hebben gemeten, blijkt dat het vermogen van inspecteurs om emoties van anderen in te schatten en hun eigen emoties intelligent te gebruiken (d.w.z. zichzelf te motiveren en een positief te blijven) significant samenhangt met de prestaties van inspecteurs. Het vermogen om emoties van anderen in te schatten voorspelt een toename van agressie die inspecteurs ondervinden, en het vermogen om hun eigen te emoties te reguleren correleert met een afname van ondervonden agressie. Het artikel draagt bij aan de literatuur over contactambtenaren (street-level bureaucracy) door affectieve factoren te identificeren die prestaties helpen verklaren, en aan de EI-literatuur door verschillende dimensies van EI te theoretiseren en te testen in plaats van aan te nemen dat EI eendimensionaal is.     

Contestable constitutions: Ambiguity,conflict, and change in East Central European dual executive systems

This article investigates how ambiguous constitutional design affected president–cabinet relations and constitutional change in post-communist Poland and Hungary. Constitutional provisions related to the prerogatives of presidents and governments were frequently subject to political conflict during the 1990s. The power struggle in the two cases developed and consolidated along two distinct pathways. In Poland, failed attempts to modify the constitution initially stirred up and extended intra-executive conflicts. With the adoption of a new constitution in 1997 the struggle over power between president and council of ministers was finally settled. In Hungary constitutional court rulings were instrumental in the settlement of president–cabinet conflicts.     

VAAs as sources of volatility and fragmentation: self-selection effects and genuine effects

ABSTRACT

Recent studies show that using Voting Advice Applications (VAAs) affects party preferences of voters, and hence leads to party switching. Party switching is a necessary but insufficient condition for volatility (a net switch of voters to other parties) and fragmentation (more parties gaining seats) at the aggregate level of electoral constituencies. The research question addressed here is whether the availability of VAAs in electoral constituencies weakens or strengthens trends towards greater volatility and fragmentation as observed in western democracies in the last decades. The data come from 380 Dutch municipalities during the 2014 Dutch municipal council elections. In 133 of them a VAA was available. Using a moderated mediation model that controls for the municipal self-selection of a VAA, we find that a VAA by itself leads to higher levels of volatility and fragmentation. However, VAA availability has a dampening effect in municipal constituencies with characteristics (e.g. population size, ethnic diversity, young average age) that would otherwise make them more susceptible and prone to volatility and fragmentation.     

Tri-allelic SNP markers enable analysis of mixed and degraded DNA samples

For the analysis of degraded DNA in disaster victim identification (DVI) and criminal investigations, single nucleotide polymorphisms (SNPs) have been recognized as promising markers mainly because they can be analyzed in short sized amplicons. Most SNPs are bi-allelic and are thereby ineffective to detect mixtures, which may lead to incorrect genotyping. We developed an algorithm to find non-binary (i.e. tri-allelic or tetra-allelic) SNPs in the NCBI dbSNP database. We selected 31 potential tri-allelic SNPs with a minor allele frequency of at least 10%. The tri-allelic nature was confirmed for 15 SNPs residing on 14 different chromosomes. Multiplex SNaPshot™ assays were developed, and the allele frequencies of 16 SNPs were determined among 153 Dutch and 111 Netherlands Antilles reference samples. Using these multiplex SNP assays, the presence of a mixture of two DNA samples in a ratio up to 1:8 could be recognized reliably. Furthermore, we compared the genotyping efficiency of the tri-allelic SNP markers and short tandem repeat (STR) markers by analyzing artificially degraded DNA and DNA from 30 approximately 500-year-old bone and molar samples. In both types of degraded DNA samples, the larger sized STR amplicons failed to amplify whereas the tri-allelic SNP markers still provided valuable information. In conclusion, tri-allelic SNP markers are suited for the analysis of degraded DNA and enable the detection of a second DNA source in a sample.     

Does Disclosure of Performance Information Influence Street‐level Bureaucrats’ Enforcement Style?

Governments use different regulatory instruments to ensure that businesses owners or “inspectees” comply with rules and regulations. One tool that is increasingly applied is disclosing inspectees’ performance information to other stakeholders. Disclosing performance information has consequences for street‐level bureaucrats because it increases the visibility of their day‐to‐day work. Using a survey (n = 507) among Dutch inspectors of the Netherlands Food and Consumer Product Safety Authority, this article shows that the disclosure of performance information has an impact on enforcement style at the street level. Findings show that perceived disclosed performance information positively enhances all three dimensions of street‐level bureaucrats’ enforcement style (legal, facilitation, and accommodation). This effect is strongest for facilitation and accommodation and weakest for the legal style. Perceived resistance by inspectees partly explains this effect. Contrary to expectations, more perceived disclosure does not result in more but in less perceived resistance of inspectees by street‐level bureaucrats.     

Extract from statement by the Central Committee of the PCP (pro Chinese) Oct. 15, 1974

Globalisation in recent years has come to play an increasing significance in analyses concerning the state and political economy. However, many debates have revolved around a theme whereby increasing globalisation inevitably leads to decreases in the role of the nationstate. This article examines two countries' experiences of globalisation and the attempts by state leaderships to produce globally integrated sectors. The article identifies the historical contexts to changes within the capitalist world economy of the Cold War and the patterns of development associated with such processes in Costa Rica and Thailand. By locating the analysis within a comparative perspective the article comments on the role of authoritarianism as a factor in the implementation of neo-liberal agendas.