Towards Europeanisation through the proportionality test? The impact of free movement law on medical professional discipline

Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movement provisions play an increasingly important role in medical disciplinary cases. The application of free movement law can make a positive contribution to the protection of patient safety. However, disciplinary tribunals are unfamiliar with the structure of arguments based on the free movement provisions. While the case law on free movement of patients has encouraged a process of internationalisation of medical standards, free movement of doctors has not yet led to a similar process of Europeanisation of medical professional rules. Nevertheless, the proportionality test requires that disciplinary tribunals engage in a process of comparison between their own rules and the rules in other Member States.     

Collective Identity and Well-Being of Bulgarian Roma Adolescents and Their Mothers

In Europe and specifically in Bulgaria, Roma represent the largest indigenous ethnic minority exposed to severe discrimination, social exclusion, poverty, and compromised well-being. To improve their conditions, identifying sources of psychological well-being for Roma is theoretically relevant and practically important. This study investigated the relation between ethnic, familial, and religious identities as salient collective identity components for psychological well-being among 194 Roma adolescents (age: M = 16.11 years, SD = 1.36) and their mothers (age: M = 35.95 years, SD = 3.54). The results indicated that in line with marginalization models of acculturation, Roma youth and their mothers showed a low endorsement of both Bulgarian mainstream and Roma ethnic identity. The average scores of well-being were also low. For both groups, familial identity was stronger compared to Roma, Bulgarian, and religious identity. A path model showed that collective identity was a positive predictor of well-being in both adolescents and mothers and that the mothers’ collective identity was a predictor of adolescent well-being. Bulgarian mainstream identity had the strongest relationship with collective identity. It is concluded that, for Roma youth and their mothers, family is an important identity domain as it represents the most salient identification source that is not challenged in their environment.     

Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf’s Theory of Suffering

2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a ??golden thread?? of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law??s framework to Virginia Woolf??s subtle re-imagining and theorisation of responsibility in her novel Mrs. Dalloway (1925). I argue that Woolf critiques and supplements the law??s representations of suffering. Woolf was interested in interpreting harms using a framework of neighbourly responsibility, but was also critical of the kinds of proximities recognised by society. Woolf made new harms visible within a framework of proximity: in this way, we might think of Woolf??s work as theorizing a feminist aesthetic of justice, and as providing an alternate genealogy of responsibility to Donoghue v Stevenson.     

Identity Statuses as Developmental Trajectories: A Five-Wave Longitudinal Study in Early-to-Middle and Middle-to-Late Adolescents

This study tested whether Marcia's original identity statuses of achievement, moratorium, early closure (a new label for foreclosure), and diffusion, can be considered identity status trajectories. That is, we examined whether these statuses are distinct and relatively stable, over-time configurations of commitment strength,?levels of in-depth exploration of present commitments, and consideration of alternative commitments. The study examined identity development in a five-wave study of 923 early-to-middle (49.3% female) and 390 middle-to-late adolescents (56.7% female), covering the ages of 12-20. Using Latent class growth analysis (LCGA), the authors found that Marcia's (1966) statuses are indeed identity status trajectories. Two kinds of moratorium were also found: the classical moratorium and searching moratorium. Support was found for Waterman's developmental hypothesis of the identity status model: the number of achievers was significantly higher, and the number of diffusions lower, in middle-to-late adolescence than in early-to-middle adolescence. Females were more often in the advanced identity status trajectories, and stable differences were found between the trajectories in psychosocial adjustment. Study findings highlight that identity formation should be conceptualized as an over-time process.     

Besprechungen

Ohne Zusammenfassung     

Supplementary vote; analysis, applications, and alternatives

The Supplementary Vote (SV) was invented as a compromise between the two-round runoff system and the alternative vote. This paper shows that in many ways it is not. Under SV voters rank order a limited number of candidates. If one candidate is supported by over 50% of the voters he/she is declared the winner. Otherwise, all but the top two candidates are eliminated from the contest. Then, all second preferences of voters are taken into account. The candidate winning most first and second votes is declared the winner. SV violates fundamental criteria used to evaluate electoral systems and is difficult for voters. The paper discusses an alternative to SV which avoids at least some of its most apparent flaws.     

Police cooperation in the Southern African region: politics and practicalities

This paper describes some of the issues around which cooperation among police agencies in the South African region have been coalescing. Cooperative engagements have resulted in a degree of harmonisation of policy and standardisation of police training. Within the region too a rhetorical commitment to common values and standards associated with democratic policing is forthcoming. Overall the processes underway are shaped by regional dynamics of a broader socio-political and specific police organisational nature. Structural underdevelopment, the weakness of institutions such as the police and contrarian politics more widely provide the context within which cooperation has evolved. By drawing on documentary analysis and interviews with practitioners in the field, the substantive areas around which cooperation is taking place are outlined. In this account particular reference is made to the role of a regional structure (the Southern African Regional Police Chiefs Coordination Committee) and the national police agency (the South African Police Service) of South Africa, in the evolving business of cooperation in the Southern African region. Research for this paper was made possible through funding received from the Open Society Foundation (SA).

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Kriminalpolitische Initiative: Mehr Sicherheit durch weniger Haft! – Vorschläge Nr 4 (7. Juni 2009)

Die Vorschläge der "Kriminalpolitischen Initiative" (KI) zum Haftentlastungspaket haben einige Ergebnisse gebracht (vgl StRÄG 2008 BGBl I 2007/109).1) Daneben gibt es bestimmte Fragen, die noch nicht in Angriff genommen wurden. Die KI greift daher zwei ihr wichtig erscheinende Probleme heraus, die einerseits am unteren, andererseits am oberen Ende der Intensitätsskala strafrechtlichen Freiheitsentzuges liegen, und macht dazu die folgenden Vorschläge.