The European Convention and the Relative Rights of Resident Aliens

By virtue of conceptual abstraction, the notion of nationality plays a pivotal role in liberal democracies, governing distinctions in the allocation of 'absolute' and 'relative' rights, and determining that while national citizens, as full member of a sovereign political community, enjoy both human and political/social rights, resident aliens are excluded from the scope of these latter, community-related, rights. Further, The European Convention upon Human Rights appears to countenance this dichotomy, allowing sovereign states to restrict the political activity of aliens. This paper nonetheless argues that such a distinction undermines the democratic imperative upon which liberal constitutional states are founded. A 'social integration thesis,' holding that individuals should enjoy, as a fundamental right, the possibility fully to develop their personalities though establishing and pursuing secure social contacts, as well as interpreting those contacts in the light of prevailing cultural perceptions, not only raises the right of stable residence to one of most fundamental attaching to the human condition, but also indicates that political rights—a mere extension of self‐expression and self-fulfilment within civil society—should be recast as a universal entitlement. Article Three of the First Protocol ECHR may be construed in line with the social integration thesis, and consequently, in the matter of the definition of the members of the national community, the political sovereignty of the Nation State must be limited.     

Show Me Your Hands! Police and Public Perceptions of Violent Interpersonal Cues

Psychology has recently begun to examine human interpersonal social predictors of violence. One area yet unexamined is potential differences between law enforcement officers and non-police in their perception of aggressive interpersonal social cues. Using a sample of 129 police officers and 178 non-police individuals, a direct comparison was made about perceptions of interpersonal social behaviors associated with imminent violence. It was revealed that both samples generally shared similar perceptions, with a few exceptions. Police officers were more sensitive than other individuals are to each of the behavioral cues. The police sample also perceived the behavior of placing one’s hands in one’s pockets as more threatening than did the non-police sample.     

Intergenerational Social Mobility and Popular Explanations of Poverty: A Comparative Perspective

This article explores the consequences of intergenerational social mobility on perceptions of popular explanations of poverty. It is hypothesised that those who experience improvements in socio-economic status through social mobility are more likely to blame poverty on individual characteristics such as laziness and lack of willpower and are less likely to attribute failure to injustice in society, and on the macro-level, the effect of social mobility on perceptions of popular explanations of poverty is moderated by contextual environment. The described hypotheses are tested by using multinomial and multilevel logistic regressions and two complementary datasets—European Values Studies and the Life in Transition Survey. The derived findings suggest that social mobility is indeed associated with perceptions of individual blame and social blame of why some people are in need. However, these effects are manifested primarily among subjectively mobile individuals and are also conditioned by the legacy of socialism and the level of economic development of countries where individuals reside.     

European Law and International Regimes: The Features of Law Beyond the Nation State

Different forms of law are perceived of as possessing differing degrees of legal quality. A quality continuum suggests itself, running from 'high quality' national law, through to 'lesser quality' European law and to 'low quality' international law. This article seeks to explain the perceived differences in the quality of these laws with reference to legal theoretical perceptions of what it is that constitutes the law's quality. It argues that only a theory of law which identifies the core of the law's integrity as lying in its ability to act as a fulcrum between spheres of social and public discourse and the exercise of power can fully explain the divergence in legal quality between national, European and international law. With specific regard to the quality of European law, it concludes by arguing that it is weakened by its relative lack of social internalisation—in comparison with a higher degree of legal and political internalisation—within the European public.     

After the Crash: A Perspective on Multilevel European Democracy

From a social‐market perspective, European integration has reduced the capacity of democratic politics to deal with the challenges of global capitalism, and it has contributed to rising social inequality. The article summarises the institutional asymmetries which have done most to constrain democratic political choices and to shift the balance between capital, labour and the state: the priority of negative over positive integration and of monetary integration over political and social integration. It will then explain why efforts to democratise European politics will not be able to overcome these asymmetries and why politically feasible reforms will not be able to remove them. On the speculative assumption that the aftermath of a deep crisis might indeed create the window of opportunity for a political re‐foundation of European integration, the concluding section will outline institutional ground rules that might facilitate democratic political action at both European and national levels.     

Theoretical Perspectives on European Governance

Abstract: The paper reviews some theories of social science which could contribute to the development of a concept of European governance going beyond traditional notions, such as federal states' or 'international organisation'. The theoretical argument is based on the culturalist version of neo-institutionalism, which stresses the role of ideas in the functioning and transformation of a political order. It is claimed that both globalisation and functional differentiation transform existing nation-states and shape the emerging European polity. European governance is characterised as poly-centric and non-hierarchical. Finally, different approaches to the legitimation of such a polity are discussed. The paper comes to the conclusion that the emergence of a European political order is part of a process which could require a rethinking of basic social scientific concepts.     

Ideological Congruence among European Political Parties

Do European political parties represent the ideology of their voters well? This research aims to provide an empirical appreciation of the levels to which Members of Parliament (MPs) ideologically represent their electorate within political parties in 12 European countries. The variable used is left–right self-placement and representation is measured through congruence. Three main hypotheses are tested. First, MPs express greater ideological extremism than voters. Second, MPs have biased perceptions on the positioning of their electorate. Third, New Left parties exhibit higher levels of representation than the other parties. This article's findings reveal that only the second hypothesis can be supported without restrictions.     

There Must Be Some Way Out of Here: The Crisis,Labour Rights and Member States in the Eye of the Storm

This article considers the impact of the economic, social and political crisis on the labour law regimes of two of the Member States of the EU most affected; Greece and Ireland. Both countries have been the recipients of ‘bail‐out’ deals, negotiated and monitored by what has become known as the ‘Troika’ of the European Commission, the European Central Bank and the International Monetary Fund. The article considers the extent to which both countries have been required to make amendments to their labour law regimes as a condition of their bail‐outs. It argues that the changes demanded reflect the basic norm now governing the EU legal order, namely that of ‘competition’; the logic of market integration based on the primacy of economic competition. The article sets the reforms in Greece and Ireland within the broader context of the ‘social deficit’ problem of the EU construction.     

The politics of social welfare: MPs’ attitudes and activities in the 13th Israeli Knesset

This paper reports the findings of a study exploring the attitudes and activities of members of the 13th Israeli Knesset, and seeks possible connections between the two. The study involved extensive interviews with members of the 13th Israeli Knesset (1992–96), as well as drawing on archival and quantitative data of their activities. The paper presents a short overview of the Israeli political system, the 13th Israeli Knesset and its composition. The MKs’ perceptions of social welfare policy, their attitudes towards government involvement in the provision of social welfare services and their activities, both formal and informal, on social welfare issues are described. Finally, possible connections between the MKs’ attitudes and their activities are explored.     

REFLECTIONS ON EU INTERNATIONAL TRADE LAW: AN INTROSPECTIVE VIEW

This article presents three main arguments: First, shared competence exists between the national and supranational levels within the European Union (EU) because EU Member States do not trust the European Commission in the external relations law of the EU. Second, the EU will have greater bargaining power in international negotiations if it speaks in a single voice. Within the EU-27, we have compatible values, overlapping interests, shared goals, as well as economic, social and political ties. Therefore, there is a presumption of collective action in the EU’s external relations. However, EU Member States disagree on many issues before they start negotiations, while trying to define a mission together as partners of the European project. Third, Member States confer specific negotiating powers on the EU only when it is in their own national interest to have a common European position on international negotiations.     

Understanding Perceptions of Racism in the Aftermath of Hurricane Katrina: The Roles of System and Group Justification

The present study examined perceptions of racism in events that occurred during the aftermath of Hurricane Katrina among a community sample of New Orleans area residents. Drawing on system justification theory, we examined system justification motives (i.e., meritocracy beliefs) and group justification motives (i.e., group identity) as predictors of perceptions of racism among African Americans and European Americans. Compared to African Americans, European Americans perceived much lower levels of racism in Katrina-related events. Furthermore, meritocracy beliefs were negatively related to perceptions of racism among both African Americans and European Americans. However, private regard (a component of group identity) was positively related to perceptions of racism among African Americans, but negatively related to perceptions of racism among European Americans. The results suggest that both system and group justification motives independently predict perceptions of racism in an important real-world event. Furthermore, system and group justification motives appear to operate in opposition for African Americans, but in tandem for European Americans.     

Social Ties, Collective Efficacy and Perceived Neighborhood Property Crime in Guangzhou, China

This study aims to (1) explore perceptions of property crime at the neighborhood level and their correlates based on a random sample from Guangzhou, China and (2) assess the applicability of collective efficacy theory in contemporary urban China. Since the data used in this study are multilevel and the dependent variable is dichotomous, a generalized hierarchical linear model was used for analysis of the data. This study reveals that both community structural variables (residential stability and poverty) and community process variables (social ties, collective efficacy and semi-formal control) were found to affect individuals’ perceptions of neighborhood property crime in Guangzhou. However, communities in Guangzhou are different from those in big cities in the US. This is evidenced by several findings in this study: (1) poorer communities in Guangzhou were not associated with lower levels of formal and informal control; (2) communities with higher levels of residential mobility were neither linked to higher levels of poverty nor disorganization; and (3) the correlation between residential stability and perceived neighborhood property crime was not mediated by community processes.     

A Facebook post is born: exploring the process of generating MPs’ social media presence

Research on political communication between MPs and the public has focused on the role, activities and perceptions of the members of parliament (MPs) themselves. However, the authors’ prior research demonstrated that in fact social media necessitate a new prism through which to study such communication. The contribution of the present study is to look at this relationship through the heretofore under-researched prism of those who in fact are doing much of the actual communication (at least in Israel): the parliamentary assistants (PAs). Whereas other studies tend to focus on the communicative contents, the present research deals mainly with the behind-the-scenes processes that produce such content.

In this study 26 PAs were interviewed in Israel’s Knesset regarding three central questions: What are the goals of the MPs’ activities on Facebook? What are the key obstacles perceived by the assistants while maintaining MPs’ Facebook presence? What are the main professional dilemmas that PAs run into during their Facebook activity on behalf of MPs? By addressing these questions, the paper contributes to generating a more comprehensive picture of the ways political Facebook posts are born, and of the processes through which MPs’ social media presence is generated.     

参与式治理与根本政治制度的生活化——“一体多元”与国家微观民主的建设

政治制度本质上是一种关于利益和权利义务的关系组合。这种关系组合影响到人们对制度的合作或者冲突。因为观念和利益的多元化,社会成员与制度的冲突引发了高发的群体性事件。因此,解决当前公共治理问题,关键是要考虑体制改进。通过落实宪法所规定的人民代表大会制与民众直接参与式治理的结合,可以提升微观民主建设的质量,保障多元民主,为宏观民主治理提供制度基础。     

Race and Law in Fortress Europe

The universality of human rights is undermined by the principle of territorial supremacy. This allows member states of the EU to discriminate against those who are not citizens of the Union. Moreover, the European Convention on Human Rights and the EC Race Directive are incapable of redressing collective racial or ethnic disadvantage because they do not provide for the enforcement of positive social, economic and cultural obligations. These limitations are assessed in the light of current political and legal developments, using as the main illustration the case of the European Roma. An analysis is provided of obligations to respect, to protect and to fulfil social rights, which could be used when challenging the actions of public authorities and securing access for individuals to public facilities and services. An inclusionary approach would emphasise that equality is central to human rights, and that 'outsiders' such as migrant workers and asylum-seekers have human rights.     

Doing family

This paper draws on how constructions of ‘the migrant family’ in political discourse influence migrants' and their families' lives. In specific national contexts, ‘the migrant family’ is determined according to the national and European debates and expressed by their respective rules and regulations. By ‘doing family’, migrants and their families develop strategies in order to fit these requirements of living a certain family life. Fulfilling specific norms and perceptions which are not necessarily required for the majority of society is a precondition to succeed. Who is and who is not part of the family, who holds responsibility — such aspects have to be proved and repeatedly reproduced by migrants and their families. This not only affects their position in society, but also has strong implications on their lives as a couple and family, since it requires the continuous adaptation and reconstructions of their everyday reality.     

The penalization of protest under neoliberalism: managing resistance through punishment

The repression of anti-austerity protests in Spain from 2011 to 2014 constitutes an example of how neoliberal developments are facilitated by the penal system as it limits political resistances to the imposition of precarious working conditions and social cuts. The limits imposed on contentious politics are both material (consisting of banning acts that are prominent in social movement’s repertoire of contention, fining demonstrators, etc.) and symbolic (consisting of transforming the meaning of legitimate politics by imposing new legal and political definitions). This case study is used to illustrate the interconnection between labor markets, social policies and the repression of social protest, and to elaborate on Wacquant’s approach to the relationship between punishment and other social institutions. It is at such times of political and economic crisis when institutional interconnections seem particularly exposed, arguably enabling more profound analyses.     

A question of values: Conservatives and the culture of poverty

Every society has within it some individuals and groups who are successful and some who are less successful. Explanations for these differences range from the political to the economic and from the cultural to the religious. For American conservatives, the differences in individual levels of achievement can be explained primarily in cultural terms. The conservative mythology argues that there are clearly superior and clearly inferior cultural values and that good values produce successful individuals. This article deals with the fundamentally tautological nature of this argument: Why is so-and-so successful? Because he or she has better values. How do we know he or she has better values? Because he or she is successful. After elaborating this intellectual problem, an empirical test is made of the existence of different values among America's social groups. Using census data and national survey data, the personal goals and attitudes of various societal groups and their relative economic accomplishments are presented and compared. This analysis demonstrates that few of the culture-based differences which are asserted by conservatives can be validated empirically.     

Sentiments of justice

In empirical research on social inequality one question remains largely open: Why are certain types of social inequalities legitimate or not? Three theoretical approaches to this question are discussed: the universalist, the cultural, and the interactionist approach. The interactionist approach is defended: Sentiments of justice can be predicted or deduced from the system in which the actors are located. It is important to know whether actors have reasons to be interested in the system of interaction in question, including reasons for approving the rules and the mode of its functioning. At the same time, the existence of an unrestricted residue must also be recognized: With good reasons one group of individuals can find that a certain state of affairs is just, another group that it is unjust. Because divergences of opinion are inescapable, certain questions pertaining to the issue of social justice can only be resolved by the method of regulated political debate. Questions of social justice can in no way be resolved a priori.     

The inverted postnational constellation: Identitarian populism in context

As exemplified by the pan‐European ‘Identitarian movement’ (IM), contemporary far‐right populism defies the habitual matrix within which right‐wing radicalism has been criticised as a negation of liberal cosmopolitanism. The IM's political stance amalgamates features of cultural liberalism and racialist xenophobia into a defence of ‘European way of life.’ We offer an alternative decoding of the phenomenon by drawing on Jürgen Habermas's ‘postnational constellation.’ It casts the IM's protectionist qua chauvinistic populism as ‘inverted’ postnationalism, engendered through territorial and ethnic appropriation of universal political values. As such, inclusionary ideals of cosmopolitan liberalism and democracy purporting humanistic postnationalism have been transformed by Identitarians into elements of a privileged civilisational life‐style to be protected from ‘intruders.’ Remaining within the remit of the grammar of the postnational constellation, trans‐European chauvinism, we contend, is susceptible to inclusive articulation. Foregrounding radical emancipatory social transformation would however require not more democracy, but a principled critique of capitalism.