Reforming parliament in the United Kingdom: The report of the commission to strengthen parliament

This article explores the effects of new media upon representative democracy. It begins by considering the lessons from studies of the effects of previous communication media, such as television. A survey of British MPs' use of and attitudes towards new media is reported, as is another survey of British citizens' attitudes towards new media and political institutions. The article concludes by suggesting that systemic changes to democratic representation might occur as a result of new media and setting out some principles likely to result in the best use of new media in representative democracies.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

Perceptions of controllers on EU data protection reform: A Finnish perspective

Data protection regulations are undergoing a global reform. The European Commission proposed a reform of the EU data protection framework in 2012. One major driver for the reform has been the research on the consumer perceptions indicating that the consumers are worried about their personal privacy. However, there has been practically no research on perceptions of companies (the controllers of the personal data) and on the data protection reform. This research analyses the awareness and the willingness to act towards compliance regarding the proposed General Data Protection Regulation (GDPR) in Finland in 2013. The GDPR will replace the Finnish Personal Data Act and therefore plays a central role in the Finnish privacy regulation. This research found that the general level of awareness was low: only 43% of the controllers were aware of the forthcoming reform. The willingness to act or to take steps towards the compliance was even lower: 31% of controllers said that they are planning to act towards compliance during this year. These results indicate that the companies are quite unfamiliar with the reform that correlates with other relevant studies in Europe. Personal data are said to be the oil of the digital economy, the hottest commodity of the market today. There are companies that understand this, but the majority seems to ignore this at least what comes to their awareness regarding the reform, even the reform captures many of the best practices regarding processing of personal data.     

Taking a sledgehammer to crack the nut: The EU Enforcement Directive

In April 2004 the EU passed the Directive on Enforcement of Intellectual Property Rights amidst charges of “conflicting interest” and heavy-handed influence of the American entertainment industry. The Directive has received widespread condemnation from various sectors of the society for supporting private interest at the expense of public interest through the impositions of Mareva injunctions and Anton Piller Orders, even in instances of accidental and non-commercial infringements of the intellectual property right [Meller P. EU backs deal on copyright piracy. International Herald Tribune, NY; 2004]. This paper will examine the provisions of the Directive and determine its implications, in particular, as to whether they balance or not the rights of the right holders and public interest.     

Checks and balances in a unicameral parliament: The case of the Danish minority referendum

Parliamentary students from James Madison onwards have argued that bi‐cameral legislatures provide more efficient checks on parliamentary majorities than unicameral legislatures. Yet there is a growing tendency to abolish second chambers or to establish unicameral parliaments. This note challenges the case for bicameralism through a study of Art. 42 of the Danish Constitution (which allows one‐third of the MPs to demand a referendum on bills enacted by the majority in the Folketinget). It is formally shown that the minority veto efficiently prevents the majority from enacting changes to the status quo without acknowledging the position of the minority party. The findings are contrasted with survey findings and interviews with MPs.     

Traditional aboriginal values in a Westminster parliament: The legislative assembly of Nunavut

This article examines the interplay of structure and culture in the Legislative Assembly of the newly established territory of Nunavut in Canada's eastern Arctic. This institution combines the Westminster cabinet-parliamentary system with traditional Inuit culture, many features of which are antithetical to British-style ‘responsible government’. The distinctive ‘consensus government’ system which characterises the Nunavut Legislative Assembly has important features consistent with Inuit values and approaches, for example, the absence of political parties. Based primarily on personal interviews with Members of the Assembly, the article considers whether Inuit culture has significantly recast the structures and the political imperatives inherent in the Westminster system or if the powerful values and constraints of that system have effectively overridden Inuit values. Perceptions and reflections of members serving in the First Assembly (1999–2004) suggest that while substantial adaptations to the conventional Westminster system have been made, these are indeed adaptations rather than fundamental alterations to the system.     

Measuring the correlation of shocks between the EU15 and the new member countries

This paper considers the question of the symmetry of inflation, exchange rate changes and GDP shocks between the EU15 and the new member countries. It applies a relatively new technique, the orthogonal GARCH model, which allows us to calculate a complete time varying correlation matrix for these countries. We can then examine the way the conditional correlation of shocks between the EU15 and the new member countries has been evolving over time. Our results suggest that the shocks which hit the EU are not symmetrical with those affecting the majority of new member countries. In addition, most of the new member countries seem to exhibit relatively low correlation with EU15.     

Forging a new political culture: Plenary behaviour in the scottish parliament

Part of the appeal of creating a new Scottish Parliament lay in the ability of legislators to re-define the institutional culture of politics. For advocates of change, the Westminster system, with its emphasis on adversarial and male-dominated politics, turned citizens off politics. Devolution advocates argued that a Scottish Parliament, composed of a new type of politician and operating according to modernised rules, would better serve the public. The four principles of the Consultative Steering Group report included among them references to a more open and accessible political system. The 1999 elections introduced a number of new faces but among the 129 Members of the Scottish Parliament (MSPs) are a number of sitting and former local councillors, Members of Parliament and party workers. This article examines these individuals and their behaviour in the first year of plenary debates to determine whether the social characteristics of these MSPs, their gender, their partisan ties or their previous political experiences affects the likelihood of a new model of political debate. It argues that initially the political experience of MSPs affected their levels of participation but that increasingly, position within the Parliament exerts a greater influence. Some social characteristics such as gender, however, continue to influence the extent and manner of participation.     

Open parliament policy applied to the Brazilian Chamber of Deputies

ABSTRACT

This article will analyse the implementation of an open parliament policy that is taking place at the Chamber of Deputies, in accordance with the guidelines of the Open Government Partnership international programme (OGP), regarding the action plan of the Opening Parliament Work Group in particular, one of the subgroups of OGP. The authors will evaluate two blocks of initiatives for open parliaments executed by the Chamber in the last few years, that is, digital participation in the legislative process and Transparency 2.0, in order to observe their impasses and results obtained until now. In the first part the authors will study the e-Democracy portal and in the second part the authors will focus on open data, collaborative activities to use those data (hackathons) and the creation of the Hacker Lab, a permanent space dedicated to open parliament practices. The analysis considers the initiatives that the authors evaluated as part of the transformative and arena profiles of the Brazilian Parliament, according to Polsby's classification, with exclusive characteristics.     

Competition@eCommerce.eu: An Appropriate European Approach to the Anticompetitive Implications in the Online World

The economic landscape of Europe has undoubtedly been revolutionised over the last few years with the introduction of new technology into business practices. But along with the inevitable benefits a series of antitrust issues have surfaced, which have often disrupted the application of European Competition Law. This article will analyse and discuss the existing legal framework and recent case law with respect to its capacity to pave the way for enterprises to embrace innovation, and argue that – although the current legal system might be satisfactory to a certain extent – the European Commission should make adjustments and promote the idea of self-regulation, if the EU is to be at the forefront of the online world. This revised version was published online in August 2006 with corrections to the Cover Date.     

The legal constitution: United Kingdom parliament and European court of justice

Membership of the EC has transformed the legal status of the UK parliament. Prior to British accession, Acts of Parliament were the supreme law of the land, unchallengeable in any court. This paper argues that EC membership raised the courts ‐ national as well as European ‐ above parliament and that at the time of accession parliamentarians were almost wholly unaware of this fundamental change. The author links MPs’ ignorance to the highly political, rather than legal, nature of the British constitution and traces the evolution of their constitutional understandings. Identifying a new dynamic interplay between British judiciary and parliament, the study argues that the creeping hegemony of law within constitutional politics merits continuing analysis by legislative scholars.     

The forensic radiographer: a new member in the medicolegal team

Multidetector computed tomography is becoming more widespread in forensic medicine. In most services, autopsy assistants perform the radiological examination. We introduced professional radiographers into the legal medicine service and hypothesized they would also be able to take over duties currently reserved for other specialists. The aims of this study were to evaluate if radiographers could be trained as "forensic radiographers" by (1) integrating graduated medical radiographers into the legal medicine service, (2) investigating the advantages of this collaboration, and (3) defining the duties of the forensic radiographers.The study was performed prospectively on a group of 8 recruited radiographers who underwent a testing period with special training. They learned the basics of medicolegal case treatment, the autonomous execution of postmortem computed tomography angiography, and postprocessing of data. Seven of 8 radiographers finished the training and were integrated into our service. Although all radiographers were able to fulfill the duties demanded after the training period, some radiographers could not enter or complete the program because they were unable to work with dead bodies.Our study presents the advantages of integrating radiographers into the medicolegal team and proposes how to train the forensic radiographers. In addition, the duties and responsibilities of these new specialists are defined.     

The ambiguous Heritage of Mitteleuropa: the Resurfacing of Mitteleuropa as a Counter-image to the EU in Austrian Populism

The analysis in this article addresses the resurfacing of Mitteleuropain the populist discourse or, more precisely, the use of Mitteleuropa-ideas in the political strategies of the Austrian FPÖ (Austria's right-wing `Freedom Party'). The plans of the future European assessment spread by the European right-wing populism have an ambiguous character, which partly reproduces the ambiguity of the traditional definitions ofMitteleuropa in the debate at the beginning of the twentieth century. The article shows that the FPÖ's use of the concept ofMitteleuropa must be analysed with regard to the problem of the Austrian identity, because the ambiguous status of an ‘Austrian identity between Mitteleuropa and German re-union’ is the most important condition underpinning the emergence of the FPÖ. Secondly, the choice of a particular idea ofMitteleuropa - the Mitteleuropadefined by principles of exclusion, by a strong German culture and identity (Kulturnation), and strict reference to a Volksgemeinschaft with a territory and a culture that are juxtaposed to a cosmopolitan and liberal idea of Mitteleuropa- reveals the FPÖ's historical legacy and its opposition towards democracy and the representative institutions. Finally, the question is raised as to whether Haider should be considered not only an Austrian phenomenon, but an Austrian reaction to political and economic transformations, which evoke other protest movements in Europe. On the one hand, Haider is an Austrian phenomenon. On the other hand, he represents an Austrian reaction to political and economic transformations. In this sense, Haider's populism can be compared to France's Le Pen or Belgium's Vlaams Blokif we look at the form of popular legitimacy that they invoke, the request for a re-territorialisation of politics and for the defence of a national / European identity, and the opposition to constitutional patriotism and to all forms of ``thin'' European identities.     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

Politics and Rights: The Future of the EU from a European Perspective*

Abstract. Beyond Community political minimalism, citizenship, rights and States are today associated with new constitutional ambitions. In this connection this paper draws attention to the “unsaturated” character of national institutions, especially parliamentary institutions, and argues for a re‐elaboration of the classical European conceptions of rights in an institutional rather than a purely individualistic perspective.     

Self-neglect: adaptation of a clinical tool to the practice of the medical examiner

Self-neglect is the inability or unwillingness to provide for oneself the goods and services needed to live safely and independently. It is the most common allegation reported to Adult Protective Services agencies throughout the United States. Unfortunately, it seems that most medical examiners and their teams are not trained appropriately on self-neglect and forget to ask pertinent questions and document relevant observations. The most important aspect of self-neglect for the medical examiner is to recognize the diagnosis to avoid confusion with other forms of elder abuse, particularly neglect from a third party. In this context, a self-neglect scale could be a useful tool to assist the death investigation team. In the clinical field, a self-neglect severity scale was developed by the Consortium for Research in Elder Self-Neglect of Texas. It is here proposed that a self-neglect severity scale for medical examiners should be developed, to assist the investigative team in assessing these common cases. This scale is developed by modifying the clinical scale to adapt it to the particular needs of death investigation. This scale can help the medical examiner and his team in approaching these deaths in a systematic and comprehensive way.