Citizen oversight of independent police services: Bifurcated accountability,regulation creep,and lesson learning

By examining developments in England and Wales this article considers police reform in the context of the tension between operational independence and citizen oversight. The article assesses the nexus between regulation and accountability in order to shed light on how a bifurcated accountability paradigm has protected police autonomy. Particular significance is attached to the cold‐blooded police shooting of an innocent man as a critical moment in the recent history of police governance. The lesson‐learning strategy of the Independent Police Complaints Commission, created under the Police Reform Act 2002, is singled out as an important driver of police reform. Although police governance reform in England and Wales is context specific, it is held that appreciation of the regulation accountability nexus and complaints as lesson‐learning opportunities are of significance in other jurisdictions and sectors.     

Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.     

Bridging borders through institution-building: the EGTC as a facilitator of institutional integration in cross-border regions

This article examines cross-border integration at the sub-state level in the frame of a European Grouping of Territorial Cooperation (EGTC). The EGTC is a supranational and directly applicable EU legal instrument that regulates the creation of cross-border ‘associations' with legal personality between public authorities. Thus, it represents a policy tool that can have an effect on the institutional frame of cross-border cooperation and potentially enhance cross-border institutional integration at the sub-state level. The aim of this article is to examine the potential effect of this EU instrument on cross-border institutional integration by studying the institutional architecture of selected EGTCs. This is done on the basis of an analytical grid that defines elements of a possible integration process based on an institutional-oriented approach. This analytical grid is applied to four case studies: the Eurométropole Lille-Kortrijk-Tournai, the EGTC Ister-Granum, the Pyrenees-Mediterranean Euroregion and the European Region Tyrol-South Tyrol-Trentino. The empirical analysis shows that despite the considerable improvement of the legal basis for cooperation, the possible effect of the EGTC for further institutional cross-border integration is still rather limited due to a narrow design of institutions and a low level of actor involvement.