Performance appraisal: whose function?

Two of the major purposes of performance appraisal are to improve overall job performance and encourage career growth. According to our author, the training and development section of the personnel department can best fulfill these goals.     

Protecting Supremacy from External Influences: A Precondition for a European Constitutional Legal Order?

The number of international law obligations that have binding force on the Union and/or its Member States is sharply increasing. This paper argues that in this light the well‐functioning of the European Union ultimately depends on the protection of the principle of supremacy from law originating outside of the EU legal order. The supremacy of EU law is essential to ensuring that Member States cannot use national rules to justify derogation from EU law. As a matter of principle, international treaties concluded by the Member States rank at the level of ordinary national law within the European legal order and below all forms of European law (both primary and secondary). Article 351 TFEU exceptionally allows Member States to derogate from primary EU law in order to comply with obligations under anterior international agreements. It does not however allow a departure from the principle of supremacy that underlies the European legal order. In Kadi I, the Court of Justice of the European Union stated that Article 351 TFEU, while it permits derogation from primary law, may under no circumstances permit circumvention of the “very foundations” of the EU legal order. This introduces an additional condition that all acts within the sphere of EU law need to comply with a form of “super‐supreme law”. It also strengthened the principle of supremacy and gave the Court of Justice the role of the guardian of the Union's “foundations”. The Court of Justice acted on the necessity of defending the Union as a distinct legal order, retaining the autonomous interpretation of its own law, and ultimately ensuring that the Union can act as an independent actor on the international plane.     

Does punishment of minor sexual offences deter rapes? Longitudinal evidence from France

Using original French panel data, this paper investigates the relevance of the broken windows theory in case of an offence category featured by the absence of monetary benefits. Estimates from random and fixed effects models highlight the deterrent effect of sanctions for rapes and minor sexual offences. The enforcement activity of rapes is the most deterrent factor both for rapes and other sexual offences, compared with the rapes- and minor sexual offences-reducing impact of an increase in the enforcement activity for minor sexual offences. Our results cast doubt on the broken windows theory. From a normative perspective, it would be more efficient to deter the authors of rapes rather than those of less severe sexual offences.     

What harm,whose justice?: excavating the restorative movement

The city of Hull in the northeast of England gave itself the ambitious task of becoming the world’s first restorative city. The aim of this strategy was to create a more socially and emotionally confident youth population which in turn would encourage a more entrepreneurial and aspirational outlook across the City. Based on a two-year National Lottery-funded project exploring peoples’ experiences of restorative approaches and a Knowledge Transfer Project to help develop restorative skills, the development of restorative justice is analysed. How does a restorative classroom, workplace, or family really behave? Is there a common objective within, and across, all restorative initiatives and if so, what is it? The answer to these questions is that communication breakdown can be understood as the common harm within, and across the restorative movement. This raises some interesting questions and challenges for zemiology where both restorative justice and social harm perspectives contain quite different notions of harm suggesting that neither has yet developed a clear or solid foundation upon which to build an alternative focus to criminal harms.     

Domestic violence research: what have we learned and where do we go from here?

Domestic violence has been an intense area of study in recent decades. Early studies helped with the understanding of the nature of perpetration, the cycle of violence, and the effect of family violence on children. More recently, studies have focused on beginning to evaluate domestic violence interventions and their effects on recidivism. This article acknowledges the importance of what we have learned about the prevalence and impact of domestic violence and explores the need for more focused effort to pinpoint interventions that are effective with perpetrators and victims. Methodological issues relevant to past intervention studies are also discussed and future research directions are outlined.     

Bullying and sexting in social networks: Protecting minors from criminal acts or empowering minors to cope with risky behaviour?

The availability and use of social networking sites creates both opportunities and risks for their young users. This article evaluates the applicability of the current legal framework to (cyber)bullying and sexting, two types of (potentially harmful) behaviour that are increasingly occurring between peers in the social networking environment. The analysis includes a mapping of applicable legislative provisions at the European and national level, an analysis of the Terms of Service of the largest social networking provider, Facebook, and an overview and assessment of self-regulatory initiatives that have been taken by the industry in this area in Europe. The ultimate goal is to identify a number of elements for a comprehensive strategy to ensure that risks of (cyber)bullying and sexting are dealt with in a manner that empowers young users.