European Standards for the Rule of Law and Independent Courts

Independent adjudication as a cornerstone of the rule of law has attracted increasing attention at the European level over the past decades. Despite its general recognition in various international legal instruments there is, however, an ongoing search for its concrete meaning. Recent documents adopted under the auspices of the Council of Europe (CoE) have tried to specify standards for the organization of judicial administration. Unfortunately, however, some of these documents exhibit flaws and misconceptions in the conceptualization of judicial independence. This article identifies these imperfections and argues that future standardsetting on judicial independence in Europe should direct more attention to comparative constitutional analysis and to experience gained in the course of judicial reforms in the Council of Europe's member states. It advocates a less rigid approach to structural issues and concludes with recommendations for future Council of Europe initiatives.     

The French elections of 2017: shaking the disease?

The results of the 2017 presidential and legislative elections represent an important shift in French politics. For the first time in the history of the 5th French Republic, the candidates of the two traditional governing parties were disqualified during the first round of the presidential elections. The duel between a centrist and a radical-right candidate in the second round of the elections constitutes an unprecedented configuration. Moreover, there was a record parliamentary renewal after the 2017 legislative elections, as well as a feminisation of the National Assembly with 38.8 per cent of women among the deputies. At the same time, abstention for the legislative elections reached a new record high. Overall, the results of the French elections in 2017 could point to major shifts in the party system, as well as to a renewal of the French political elite, and to an enduring malaise between French citizens and their political representatives.     

Mentally ill offenders in prison: the Belgian case

According to the EUPRIS-study on mental health in prisons (2007), available data on mental disorders in prison are scarce. Therefore, this study aims at summarizing and discussing the available knowledge on incarcerated mentally ill offenders concerning: (1) the screening and assessment for detecting mental health; (2) the psychiatric expertise in order to evaluate the mental status; and (3) the development and provision of forensic psychiatric treatment and care. These findings will be applied to the current situation in Belgium, which is a particularly interesting case. Belgium is currently facing difficulties concerning a large population of interned mentally ill offenders residing in correctional establishments.Implications with regard to the penal code, general or mental health legislation, screening, assessment, and treatment could deliver interesting viewpoints on how this problem could be tackled more effectively. Therefore, the findings will be discussed with reference to the international scientific and policy debate, focusing on ethical implications.     

Usefulness of combining clinical and radiological dental findings for a more accurate noninvasive age estimation

The aim of this study was to establish correlations of clinical and radiological dental findings, alone or in combination, with chronological age in adults. Dental findings and orthopantomograms of 984 patients (aged 20-60 years; 524 females/460 males) were analyzed. DMF-T index and distance (alveolar bone level, ABL) between cemento-enamel junction and alveolar bone margin were recorded. Additionally, clinical and radiological findings at each tooth crown and root were collected according to the actual status of destruction and restoration, and a total score for each dentition (TSD) was calculated. After univariate correlation analysis, correlation coefficients for ABL and TSD were improved by using square root (sqrt). However, the determination accuracy was still not satisfactory; 90% of the residuals were in the range of about +/-10. The present study showed that clinical and radiological dental findings could not be used, not even in combination, for accurate age estimation as a single method, but that they could support other methods.     

Aggressive behavior and measurement of psychopathy in female inmates of German prisons--a preliminary study

Studies concerning inmate psychopathy (as measured by Psychopathy-Checklist-Revised, PCL-R; Hare, 1991) have predominantly been concerned with male inmates. This study was the first to look into psychopathy using the PCL-R with the whole required procedure in German prisons with female inmates. The aims of the present study were to gain data about the prevalence of psychopathy in this sample and to examine potential relations between the types and motive of aggression, prosocial behavior and scores on the PCL-R. Sixty female inmates were examined. We obtained a prevalence rate of psychopathy of 17% (N=10, with a cut-off score of 25). Considering a wide range of subtypes of aggressive behaviors, we found that physical proactive, and relational reactive aggression as well as age predicted high scores of psychopathy. However, prosocial or helping behavior was not associated with psychopathy. Implications for diagnostic issues in forensics concerning female prisoners are discussed.     

Drivers for international innovation activities in developed and emerging countries

This paper aims to shed light on firm-specific drivers that lead firms to internationalise their innovation activities. The paper paints a comprehensive picture of driving forces by including firm capabilities, characteristics of the firm’s competitive environment and the influence of innovation obstacles in the home country. In particular the influence of potential driving forces on the probability to carry out different innovative activities abroad is assessed (R&D, design/conception of new products, manufacturing of innovative products and implementation of new processes). In a second stage these driving forces are observed with regard to their impact on the decision to locate innovation activities in various countries and regions (China, Eastern Europe, Western Europe and North America) as well as in groups of countries with similar levels of knowledge (“country clubs”). The analysis is based on the Mannheim Innovation Panel survey which represents the German CIS (Community Innovation Survey) contribution. Two survey waves have been combined, resulting in a sample of about 1,400 firms. The results show that the decision to perform innovation activities abroad is mainly driven by organisational capabilities such as absorptive capacities, international experience and existing technological competences of the respective firm. Innovation barriers at the German home base such as lack of labour and high innovation costs prompt the set-up of later-stage innovation activities abroad while the lack of demand demonstrates a barrier to the internationalisation decision for the development and manufacturing of new products. Location decisions receive the strongest influencing effects from the international experience of the firm. Firms which innovate in developing countries seem to require a more extensive level of international experience through international R&D cooperation.     

Governing illicit finance in transnational security spaces: the FATF and anti-money laundering

This article analyzes the global anti-money laundering (AML) regime from the perspective of security governance, examining the creation of a transnational security space by the FATF. Security is often mentioned as relevant context for AML measures, and the Financial Action Taskforce (FATF) as its central institution. Yet, most analyses – implicitly or explicitly – present the FATF as an important banking regulator. Arguing that this perspective on the FATF is too limited, the article outlines the changing security context in which AML emerged as an important tool for governance. Unlike traditional ideas of international security, the idea of security governance emphasizes new forms of cooperation to ensure safety and security across multiple levels. Based on International Relations (IR) and criminological research, the article develops a framework with five dimensions of security governance: a comprehensive security concept, multi-purpose rationalization, public-private cooperation, multi-nodal governance, and transnational security spaces as a result. Unlike other efforts of global crime governance, the global AML regime provides a prime example of security governance in all of these dimensions. At the same time, the link to security also explains why the global AML regime expanded in some areas more than in others: AML is still a weak governance instrument for regulating financial crimes such as tax evasion or corruption, but it is a strong one for security-related crimes. While the FATF remains a special case in global governance, the creation of transnational security spaces in AML – caused by FATF activities – is likely to be a model for future security governance in other fields.     

Personality traits in suicidal and homicidal subjects with schizophrenia

Paranoid schizophrenia is characterised by an increased risk of suicide and homicide. Little is known about the influence of personality dimensions as determinants for suicidal and homicidal behaviour within this condition. We assessed the differences among suicidal, homicidal and non-aggressive adult male in-patients with ICD-10 paranoid schizophrenia. The clinical assessments included structured psychiatric interviews and reports on harmful alcohol use and suicide attempts. The personality dimensions were assessed with the Big Five Inventory-10. The study recruited 264 patients divided into three groups: suicide attempters (N = 62), homicide group (N = 70), and a comparative control group (N = 132). To examine how the clinical subgroups differed from the comparative sample in the studied variables, a multinomial regression was performed. Each subgroup was considered a nominal outcome variable and the log odds of the outcomes were modelled as a linear combination of the predictor variables. Neuroticism or emotional instability was the only personality dimension that was different among the study subgroups: a lower level of neuroticism was found in the homicide group. Other risk factors such as age, education, relationship status and history of self-aggressive behaviour could potentially distinguish these subgroups of paranoid schizophrenia patients.