Developing Administrative Principles in the EU: A Foundational Model of Legitimacy?

This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law‐type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case‐law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.     

Electoral Poachers? An Assessment of Shadowing Behaviour in the Scottish Parliament

The mixed member electoral system used for the Scottish Parliament has produced two kinds of parliamentarians – those elected to represent constituencies (constituency members) and those elected to represent regions (list members). This system has created the possibility that list members might shadow constituency members with the intention of contesting the constituency seat in the next election. One manifestation of this is where list members locate their offices. Existing research on the shadowing of constituency members by list members has focused on the opinions of samples of members. In this paper we measure the behaviour of all members to examine the question of whether, how, and why list members shadow constituency members through the location of their offices. Among a number of findings, we provide evidence that list members of the Scottish Parliament (MSPs) are significantly more likely to locate offices in most marginal constituencies, suggesting that electoral poaching is a feature of the system.     

Representative and Useful? An Empirical Assessment of the Representative Nature and Impact of the Scottish Youth Parliament

Youth parliaments provide a channel for young people to engage positively with the political system and benefit themselves and their communities. Using survey data of former members of the Scottish Youth Parliament (SYP), and comparing them with a variety of population data, the paper investigates whether the SYP is representative of the Scottish population, and whether engagement with the youth parliament has had an impact on members' personal and skills development, and associational activities in later life. Results suggest that former members of the youth parliament are representative of the general population and that personal and skills development has been high. In addition, an overwhelming majority of former members perceive positive impacts from their experiences. However, volunteering, although higher among former members compared with the population, is disproportionately favoured by the very same social groups that are known to volunteer more. The authors interpret this as evidence that the SYP has some way to go towards engendering volunteerism. These results are likely to be of interest to those who are either studying or engaging the younger generation in activities that sustain a healthy democratic regime.     

What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights

The recent development of statutory individual employment rightsalters the balance between legal regulation and collective bargaining.Union influence in the workplace has declined and workers aremore reliant on individualised procedures culminating in claimsto employment tribunals. There is potential, though, for unionsto play a role in enforcing statutory employment rights, todemonstrate the efficacy of representation to potential membersand to augment collective bargaining agenda. Union engagementwith the law is explored in this article through detailed casestudies conducted in two unions. Findings highlight sustainedcommitment to strategic legal challenges, but also some substantialobstacles to the broader use of the law to mobilise workersand potential members.     

Can Courtroom Behavior Predict Recidivism? An Assessment of the Courtroom Behavior Check List for Women Presenting in Drug Court

The U.S. criminal justice system is overwhelmed with individuals affected by substance use and psychiatric disorders often co-morbid with criminal behavior. Locally, an evaluation of St. Louis downtown municipal ordinance violators found that 49 % of offenders reported mental health problems, 30 % reported alcohol-related problems, 86 % had a history of prior arrests and 71 % had failed to appear in the St. Louis City Municipal Court within the previous 2 years (Downtown St. Louis Community Court Evaluation Report, St. Louis, MO). These compounded conditions and their corresponding treatment needs are costly and complicate correctional rehabilitation efforts. Drug courts have emerged as alternative ‘therapeutic jurisprudence’ avenues designed to reduce drug use and associated individual risk behaviors. Unfortunately, there are few evidence-based measures available for rapid, onsite evaluation of an individuals’ potential for success with drug court. A new assessment tool, the Courtroom Behavior Check List (CRBCL), was developed to measure behavioral compliance in court as a predictor of future behavior, as we believed that behavior in court would predict future criminal behavior. We found scores on the CRBCL declined (e.g., improved) among the 127 women interviewed from baseline through the 8-month follow-up, and that a poorer score predicted re-arrest for a criminal offense (OR?=?2.84; 95 % CI 1.20–6.69). Based upon these findings, the CRBCL may be a useful tool to measure the likelihood of re-offending among women in drug court. Policy implications and directions for future research are discussed.     

Does the Statutory Regulation of Advance Decision-Making Provide Adequate Respect for Patient Autonomy?

This paper considers advance decision-making in the context of healthcare. The common law recognition of advance decisions is contrasted with new statutory provision. This paper will examine the Mental Capacity Act 2005 framework for advance decisions and lasting powers of attorney. The ‚best interests’ test and substituted judgment as criteria for proxy decision-making are compared by application to a case example. The paper examines the statutory safeguards in respect of refusals of ‚life-sustaining treatment’ and postulates that these safeguards may render respect for autonomous advance decision-making difficult to achieve in practice.     

The Future of International Investment Regulation: Towards a World Investment Organisation?

With growth in foreign investment and in the number of companies investing in foreign countries, the application of general principles of public international law has not been deemed adequate to regulate foreign investment and there is, as yet, no comprehensive international treaty on the regulation of foreign investment. Consequently, states have resorted to bilateral investment treaties (BITs), regional trade and international investment agreements (IIAs) and free trade agreements to supplement and complement the regime of protection for foreign investors. In the absence of an international investment court, states hosting foreign investment or investor states have opted for investor-state dispute settlement mechanism (ISDS). This mechanism has brought about its own challenges to the international law of foreign investment due to inconsistency in the application and interpretation of the key principles of international investment law by such arbitration tribunals, and further, there is no appellate mechanism to bring about some cohesion and consistency in jurisprudence. Therefore, there are various proposals mooted by scholars to address these challenges and they range from tweaks to BITs and IIAs, the creation of an appellate mechanism and the negotiation of a multilateral treaty to proposals for reform of ISDS only. After assessing the merits and demerits of such proposals, this study goes further, arguing for the creation of a World Investment Organisation with a standing mechanism for settlement of investment disputes in order to ensure legal certainty, predictability and the promotion of the flow of foreign investment in a sustainable and responsible manner.

     

Is the Assessment of Dental Age by the Nolla Method Valid for Eastern Turkish Children?

The aim of this study was to investigate whether or not the Nolla method is appropriate for Turkish children for the determination of the dental age (DA). A group of 719 children between the ages of 6 and 18 years were included in the study. DAs from orthopantograms by the Nolla method were estimated. The results obtained were compared with chronologic age (CA). Paired t and the Wilcoxon tests were performed. Both genders were underestimated in dental maturity when compared with the reference samples in total (-0.3 years) (p<0.01). The differences in girls were statistically significant in total and in all groups except for 7-7.9. The differences in boys between the CAs and DAs were not statistically significant in total and in all groups except for 7-7.9 and 8-8.9. Although the accuracy of this method was suitable for boys, according to our findings, it was not suitable for girls.     

Governing Without Law or Governing Without Government? New‐ish Governance and the Legitimacy of the EU

The way the EU is governed and the way such governance is perceived contributes centrally to the legitimacy of the European enterprise. This legitimacy underpins both the acceptance and the effects of EU activity. Legitimacy is a product of the way in which decisions are taken, and the nature and quality of such decisions. Pressures created by concerns about both forms of legitimacy affecting EU decision making partially explain the turn in legal scholarship away from the more traditional preoccupation with the analysis of legislative instruments and case-law, towards a more broadly based conception of governance which involves the examination of a more diverse range of processes and instruments. This article offers an analysis of the parameters of newness in governance. The overall argument is that some of the more innovative governance modes are not so new, whilst more recent and celebrated modes, although displaying elements of newness, are, perhaps, not that innovative. The focus of the new governance in the EU is largely on governing without law, rather than the more radical governing without government; hence the suggestion that we are experiencing only 'new-ish governance'. The article asks whether a limited conception of new governance is inevitable given the legitimacy constraints within which the EU operates, or whether the potential for developing a broader conception of governance, through wider participation and involvement of non-governmental governing capacities, might bolster legitimacy through both better processes and better outcomes.     

Organised Cybercrime or Cybercrime that is Organised? An Assessment of the Conceptualisation of Financial Cybercrime as Organised Crime

Criminological research over the last couple of decades has improved our understanding of cybercrimes. However, this body of research is regarded as still theoretically thin and not fully developed; more knowledge on the actors involved, their characteristics, and modus operandi is needed. Some publications recently suggested that organised crime is or might be involved in cybercrimes, which would have important policing implications, but evidence-based research on this point is still scarce and inconclusive. This article seeks to further this path of inquiry by providing a systematic analysis of 40 cases from The Netherlands, Germany, UK, and USA where criminal networks were involved in financial cybercrimes affecting the banking sector. It also assesses whether and to what extent these criminal networks meet the definitions of organised crime and discusses the theoretical and policing implications of our findings.     

Law Enforcement and the Rights of the Accused: Are the Police Getting a Bad Rap?

Nationwide, law enforcement professionals have endured increasing scrutiny regarding their treatment of custodial suspects and their alleged abridgement of suspects’ Constitutional rights. At the same time, in the interests of community safety, many members of the public fully expect police officers to function efficiently in arresting and facilitating the prosecution of likely perpetrators. These perspectives reflect due-process and crime-control models respectively. Very little is known, however, about how law enforcement professionals actually view the rights of the accused when not acutely immersed in the cross-currents of public opinion. Using an anonymous survey, the current investigation addresses both Miranda rights as well as the European Union’s (EU) much more comprehensive approach to the rights of the accused. In general, this sample of 209 urban police officers favored protections of criminal suspects that went considerably beyond Miranda safeguards.     

Is Violence Bad for Your Health? An Assessment of Chronic Disease Outcomes in a Nationally Representative Sample

Longitudinal offending research has grown substantially in the last two decades. Despite this increased scholarly attention, longitudinal investigations of the effects of offending on physical health have not kept pace. Acknowledging the intersections of criminology, criminal justice, and public health, this study examines the relationship between violent offending and chronic diseases among a nationally representative longitudinal sample of young adults. Results suggest that variation across offender typologies (i.e. adolescence-limited, adult-onset, and consistent violence during youth and young adulthood) significantly predicts experiencing chronic disease in early adulthood, with the risk being the most pronounced among those individuals, who demonstrate violence continuity. Study limitations and policy implications are discussed.     

Data Protection Impact Assessment: A tool for accountability and the unclarified concept of ‘high risk’ in the General Data Protection Regulation

Article 35 of the GDPR introduces the legal obligation to perform DPIAs in cases where the processing operations are likely to present high risks to the rights and freedoms of natural persons. This obligation is part of a change of approach in the GDPR towards a modified compliance scheme in terms of a reinforced principle of accountability. The DPIA is a prominent example of this approach given that it has an inclusive, comprehensive and proactive nature. Its importance lies in the fact that it forces data controllers to identify, assess and ultimately manage the high risks to the rights and freedoms. However, what is first and foremost important for a meaningful performance of DPIAs, is to have a common and objective understanding of what constitutes a risk in the field of data protection and of how to assess its likelihood and severity. The legislature has approached these concepts via the method of denotation, meaning by giving examples of (highly) risky processing operations. This article suggests a complementary approach, the connotation of these concepts and explains the added value of such a method. By way of a case-study the article also demonstrates the importance of performing complete and accurate DPIAs, in terms of contributing to improving the protection of personal data.     

How Did Things Get So Bad So Quickly? An Assessment of the Initial Conditions of the War Against Organized Crime in Mexico

Objectives: This study explores the initial conditions of the current war against organized crime in Mexico. The theoretical framework is institutional anomie theory (IAT). Composite measures were used to summarize local initial conditions for the occurrence of organized crime deaths by gang execution, confrontation, and aggressions to authority. Spatial and temporal elements were included to assess the validity of the initial conditions approach. Evidence presented here suggests that Mexican states significantly differed in their initial conditions for organized crime deaths to have occurred. Also, although trends in gang executions and confrontations have been slowing down, aggressions to authority are speeding up considerably. The evidence presented corroborates IAT. However, the significance and direction of the relationships among institutional anomie correlates and initial conditions of the war against organized crime depended upon the type of death.     

Risk Factors for Women’s Intimate Partner Violence Victimization: An Examination from the Perspective of the Schema Therapy Model

This study attempted to examine risk factors for intimate partner violence (IPV) victimization against women in terms of the schema therapy model (STM). Seventy-nine shelter-residing female IPV victims and 78 married female IPV non-victims participated in the study. The Young Schema Questionnaire Short Form, the Young Parenting Inventory, the Young Compensation Inventory, and the Young Avoidance Inventory were used. The results revealed that being young and having low income were risk factors for IPV victimization. Paternal parenting style was also found to be a further risk factor in addition to demographic variables. Further, the endorsement of disconnection and the unrelenting standards schema domains presented further information predicting IPV victimization above and beyond demographic variables and parenting styles. Maladaptive coping styles did not reveal themselves as maintenance factors for IPV victimization when the information gathered from demographic variables, parenting styles, and schema domains is taken out. The results are discussed in terms of the STM.     

Operationalizing The Law of Jurisdiction: Where in the World Can I Be Sued for Operating a World Wide Web Page?

The concept of personal jurisdiction-the power of a court to decide the rights of a person and issue a binding judgment-is becoming increasingly complex in cases involving the World Wide Web. The two approaches courts currently use to assert personal jurisdiction are inadequate and inconsistently employed, leaving individuals who perform services or conduct business over the Web without clear answers about where they may be haled into court. The "Zippo test" fails to consistently take an accurate account of the complete picture of the contacts generated from Internet use, and the "Calder effects test" is not applicable in all cases. This article outlines a "Web-contacts" approach as a consistent way to operationalize "purposeful availment" for personal jurisdiction based on contacts via the Web.     

Whom do physicians work for? An analysis of dual practice in the health sector

This article presents a thorough analysis of dual practice among physicians who work in both the public and private sectors. A conceptual framework is presented to help the reader understand dual practice and the contexts where it takes place. The article reviews the existing theoretical and empirical literature on this form of dual practice among physicians. It analyzes the extent of this phenomenon, the underlying factors that motivate physicians to engage in dual practice, and the main implications of their decision to do so. It also examines and discusses current policies that address dual practice. In this regard, the article provides some qualified support for the use of "rewarding" policies to retain physicians in the public sectors of more developed countries, while "limiting" policies are recommended for developing countries - with the caveat that the policies should be accompanied by the strengthening of institutional and contracting environments. The article highlights the lack of quality evaluative evidence regarding the consequences of dual practice on the delivery of health care services. It concludes that the overall impact of dual practice remains an open question that warrants more attention from researchers and policy makers alike.