A bit of basic,a bit of applied? R&D strategies and firm performance

The Journal of Technology Transfer - Most studies analysing the relationship between R&D and firm growth focus on total R&D investment. This paper aims to analyse separately each...     

Open Stakeholder Consultations at the European Level—Voice of the Citizens?

The European Commission's open consultations of stakeholders are a central mechanism of the attempt to practice participatory governance at the European level and to open the political process to contributions from the societal sphere. This paper analyses the current practice of open consultations as one important operationalisation of participatory governance and as an implementation of Article 11 of the Treaty of the European Union (TEU). It asks whether consultations can be a means to give voice to the citizens and to increase the legitimacy of European institutions. The paper presents an empirical analysis of the field of participants in the consultations. A main finding is that business and industry organisations dominate the consultative process while the participation of citizens and not‐for‐profit organisations is generally weak. The paper explores to which extent the consultations can, considering the empirical findings, be seen as a suitable way for direct or representative citizen participation.     

The ParaDNA® Screening System — A case study in bringing forensic R&D to market

The creation of new technologies and their application to forensic science is key to the field's development. Rapid DNA profiling is one such area of research which has grown in response to a desire from enforcement authorities for in-house forensic DNA processing and rapid access to forensic genetic intelligence. However, introducing novel technologies into the forensics market must be carefully monitored and controlled as the success or failure of any technology ultimately has long standing implications for victims, suspects, and also to Police and forensic practitioners. This article outlines the research, development, validation and implementation of the ParaDNA® Screening System as a case study in taking forensic research and development to market.     

What additional authority does the civil court need to uphold the objectives of temporary injunction? – A case study of Bangladesh

The civil court in Bangladesh, following some formal procedures, usually protects the subject matter of any suit by issuing an order of temporary injunction. But such orders are sometimes disobeyed and in toto preservation of suit property becomes unfeasible. Even the remedial measure for such disobedience seems insufficient to punish or restrain the violators. This study suggests that if the civil court had sufficient legal authority to direct local police to restrain the opposite party from violating its orders, the ultimate objectives of temporary injunction could be upheld properly. The higher courts in India have also found the legality of this concept.     

Can a prison be self-managed? A study of the informal organisation of a bolivian prison

The purpose of this study is to investigate the unique prisons of Bolivia. Their main features include the presence of wives and children, self-management of activities within the prison and the opportunity for inmates to take part in various activities. In particular, the general organisation of the prisons and the inmates’ experience, especially on an interpersonal level, is described in this study. The obtained data shows that functional and effective experiences of social rehabilitation can be promoted even under extreme conditions and, in some cases, this provides important insights into the prison systems of most developed countries.

     

How to enforce European law? A new history of the battle over the direct effect of Directives, 1958–1987

This article explores the well‐known saga of the European Court of Justice's introduction of direct effect of Council Directives on the basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include Directives was part of a drive of the Legal Service of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its Member States and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC's case law that limited the direct effect of Directives to the vertical relation between citizens and the respective Member State and excluded any horizontal effect. The story is an example of how the activist ECJ of the 1970s ran into resistance from the Member States and had to modify its doctrinal advances. It also suggests that the successful acceptance of the constitutionalisation of the Treaties of Rome pursued by the ECJ was by no means secure by the late 1970s.     

How Does the European Court of Justice Reason? A Review Essay on the Legal Reasoning of the European Court of Justice

This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case‐law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.     

What is the Use of a Human Right to Development? Legal Pluralism, ‘Participation’, and a Tentative Rehabilitation

The human right to development divides academic thought. On the one hand, it is mistrusted as an apology for human rights (and other) abuses. On the other, it remains a central pillar of the UN‐led campaign against poverty. Building on the concept of the right to participate in development framed in the UN General Assembly Declaration of 1986, this article seeks to show that there is some scope for the rehabilitation of that right. It demonstrates how the development discourse has tended to exclude minority and subaltern groups. Drawing on the insights of legal pluralism, it then outlines ways in which, for example, indigenous communities have reasserted some control over the development process, before suggesting how this could lay the basis for the wider rehabilitation of the idea of a human right to development.     

What is the goal of access to health care?

This article first examines the justifications for the goal of access to health care and the variations between health systems in their endorsement of individuals' rights to health care irrespective of income, ethnicity, age and other characteristics. It then examines the meanings of the goal of "access" to health care and considers four key dimensions--service availability ("having" access), service utilisation ("gaining" access), the relevance and effectiveness of services and equity of access. These dimensions provide a common framework that can be applied across countries and health systems and employed to assess the extent to which access to health care is actually achieved.     

European Citizenship and the Right to Reside: ‘No One on the Outside has a Right to be Inside?’

This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the ‘genuine enjoyment of the substance of rights attaching to European citizenship’ can be invoked in order to also extend legal protection to specific categories of third country nationals. I will argue that the ‘genuine enjoyment’ formula is not only setting an innovative jurisdictional test concerning European citizenship rights, but that it is also highlighting how the traditional account of citizenship (from status to rights) can be conceptually reversed. This happens in threshold cases, where the tenability of the schema of distribution of rights, agreed within a political community, depends on the possibility to readjust the boundaries of political membership.     

Knowledge flows,the influence of national R&amp;D structure and the moderating role of public–private cooperation

This paper analyses country-specific determinants of knowledge flows with a view to uncover the role of cross-organizational interactions. Using a sample of some 600,000 patents from the EU27 member states in the period 1990–2007, we take backward citations as dependent variable and find that technological sophistication and research size have a positive effect on knowledge flows. While a national bias towards applied research and development has a negative impact, individual public–private cooperation has a moderating effect due to the generation of scientific knowledge by public institutions. The present study contributes to the debate concerning the direction of R&D investments and provides empirical support to policies aimed at the enhancement of public–private cooperation.     

Quest for the Holy Grail—Is a Unified Approach to the Market Freedoms and European Citizenship Justified?

The case law of the CJEU on the economic free movement of people has departed from the traditional requirement that a nexus must be established between individual free movement and cross‐border economic activity, which has led to an extension of its scope. It is submitted that concerns with the protection of fundamental rights of European citizens are driving this process, and that the CJEU has sought to protect these fundamental rights through the market freedoms in two ways: by arguing that market freedoms are fundamental right themselves, and/or that European Citizenship has changed their normative underpinnings and status. This Article criticises both lines of argument, and defends a third: that the protection of these fundamental rights must be achieved at European level, if at all, through a conception of European Citizenship able to stand on its own.     

Are DNA data a valid source to study the spatial behavior of unknown offenders?

Studying the spatial behaviour of unknown offenders (i.e. undetected offenders) is difficult, because police recorded crime data do not contain information about these offenders. Recently, forensic DNA data has been used to study unknown offenders. However, DNA data are only a subset of the crimes committed by unknown offenders stored in police recorded crime data. To establish the suitability of DNA data for studying the spatial offending behaviour of unknown offenders, we examine the concentration and spatial similarity of detected but unsolved crimes in police recorded crime data (N?=?181,483) and DNA data (N?=?1913) over 27 Belgian judicial districts for four crime types. We established spatial similarity for certain crime types (in some districts). This offers opportunities for DNA data to be used to study unknown offenders' spatial offending behaviour. Implications for theory and research are discussed.     

Towards ‘Accountable Independence’? Parliamentary Controls of the European Central Bank and the Rise of a New Democratic Model

The independence of the European Central Bank is legally defined in very clear and strict terms. Although most scholars in economics describe this status as a crucial condition of the Bank's efficiency, it is frequently criticised by politicians and political scientists as a contradiction to democratic theory. This paper will examine the emerging practice of parliamentary control of the ECB, from its installation until September 1999, in order to understand which kind of ‘accountability’ is elaborated in this unprecedented relationship between ‘politicians’ and lsquo;technocrats’. It will first show that MEPs have rejected all forms of parliamentary control based on a logic of constraint. It will then describe the numerous institutional links created between the Bank and the EU political organs to favour their cooperation. Finally it will analyse the recent initiatives taken by MEPs to influence central bankers and to convince them to submit their decisions to public debates. The hypothesis developed from these empirical analyses is that a new kind of ‘accountability’ is emerging in the EU. From a horizontal point of view (inter‐institutional controls), it is based on influence rather than traditional parliamentary constraint. From a vertical point of view (accountability to citizens), it focuses on responsiveness rather than on classic responsibility.