Obstacles to citizen participation by direct democracy in Latin America: a comparative regional analysis of legal frameworks and evidence from the Costa Rican case

Starting from the 1980s, institutions of direct democracy were introduced into most Latin American constitutions. To date, the practical application of these institutions remains almost exclusively restricted to the subtype of government plebiscites while the use of citizen initiated instruments remains scarce. To explain the region's low frequency of use of citizen initiated instruments of direct democracy this explorative study proceeds in three sections. The first recapitulates regulatory legislation on, and practical experience with direct democracy in Latin America. The second proposes and applies an index for the comparative measurement of legal obstacles provided by institutional frameworks and goes on to discuss further explanatory propositions on factors that may interact with these legal obstacles to obstruct direct democratic citizen participation. Finally, these hypotheses are tested through an interview-based study with actors involved in the recent practical experience with direct democracy in Costa Rica. The study concludes that the institutional design of citizen initiated instruments of direct democracy alone does not suffice to explain the frequency of their practical application. Rather than this, application frequency appears to be a function of the combined interactive effects of legal institutional factors with sociological and political party factors such as strategic action preferences and party elites' attitudes.     

The frequency of alcohol,illicit and licit drug consumption in the general driving population in South-East Hungary

In the framework of the DRUID (Driving under the Influence of Drugs, Alcohol, and Medicines) EU-6 project, a roadside survey was performed in South-East Hungary to determine the incidence of alcohol and the most frequent illicit and licit drug consumption (amphetamines, THC, illicit and medical opiates, cocaine, ketamine, benzodiazepines, zopiclone and zolpidem) in the general driving population. All 3110 drivers stopped between 01 January 2008 and 31 December 2009 were checked for alcohol, and among them 2738 persons (87.7%) participated in the further examinations, on a voluntary basis. Licit and illicit drugs were determined from their oral fluid samples by GC–MS analysis.Illicit drugs were detected in 27 cases (0.99%), licit drugs in 85 cases (3.14%), and alcohol (cut off: 0.1 g/l) was found in 4 (0.13%) cases. Illicit drug consumption was the highest among men of the ages 18–34, during the spring, and on the week-end nights. With respect to licit drugs, the highest incidence was found among women over the age of 50, during the summer, and on the week-days. All alcohol positive cases were men over the age of 35. In comparison to international European averages, the alcohol and illicit drug consumption was low, but the licit drug consumption was over the European average.     

Consenting to Exclude? Empirical Patterns of Democracy and Immigrant Integration Policy

Studies explaining immigrant integration policies commonly focus on single aspects such as right-populist party politics or the immigration legacy of a country. This neglects the overall character of the democratic system within which policy-making unfolds. Research on empirical patterns of democracy, in turn, suggests that consensus democracies pursue ‘kinder and gentler’ policies and outperform majoritarian democracies in terms of minority representation. The article tests whether this conclusion holds for the specific group of immigrant minorities and analyses the relationship between patterns of democracy and immigrant integration policy using a new dataset on empirical democracies in 30 European and North American countries. Simultaneously estimating the character of democratic systems in terms of power dispersion and its effect on integration policies, the analysis reveals a distinct ‘Janus-faced’ pattern: while proportional power dispersion tends to coincide with more inclusive immigrant integration policies, pronounced veto structures tend to foster exclusion.     

Enter at your own risk: free movement of EU citizens in practice

The citizenship jurisprudence of the European Court of Justice has raised hopes for a more social Europe and triggered fierce debates about ‘social tourism’. The article analyses how this case law is applied by EU member state administrations and argues that they are actively containing the Court’s influence. As a result, rather than reconciling the logics of ‘opening’ and ‘closure’, they are heading towards an uneasy coexistence between free movement and exclusive welfare states. The argument here is illustrated with empirical evidence from Austria and Germany. Although both countries have taken different approaches to EU migrants’ residency and social rights, they produce similar effects in practice: increasingly, EU migrants are being tolerated as residents with precarious status without access to minimum subsistence benefits. Ironically, attempts to restrict residency rights have resulted in a temporary extension of EU migrants’ access to welfare in some instances.