WHITE COLLAR AND ECONOMIC CRIME: AN INTERNATIONAL PERSPECTIVE

In recent years increased attention has been paid by various international forums to the dangerous upsurge in internationally oriented white collar and economic criminality. At the same time, organs like the United Nations or the Council of Europe are attempting to effectively deal with economic crime occurring on national levels. The author traces the development of international efforts in the field by focusing on the relevant United Nations resolutions and agreements, as well as on documents adopted by the Council of Europe. It is demonstrated that the use of terminology which is not substantially different from theories of white collar crime developed on national levels, as well as indirect references to Sutherland's ideas, constitute the conceptual link between the international instruments dealing with white collar crime (including specific United Nations agreements and codes, and the work undertaken by the Council of Europe), and traditional, nationally-oriented theories. This similarity has far-reaching practical implications: except for purely international white collar crimes, many of which are of very recent origin, white collar crime theory can be applied in combating international crime occurring within national boundaries, the seriousness of which is evident from an examination of the relevant documents. The author advances a theory of international white collar crime and suggests that its increase necessitates the adoption of new theoretical horizons and new practical methods for dealing with this dangerous form of law-breaking which defies traditional notions of “crime” and “criminal”.     

Accession's Democracy Dividend: The Impact of the EU Enlargement upon Democracy in the New Member States of Central and Eastern Europe

Abstract: One of the main factors in ensuring the widespread support for accession to the European Union amongst the various populations of Central and Eastern Europe is the perception that it will serve to entrench and strengthen the process of democratisation after the fall of Communism. The purpose of this article is to examine this claim, that accession will provide a ‘democracy dividend’ in this fashion. To this end, the article begins by examining the political conditionality of the accession process, and the extent to which the process of democratisation can be understood as a result of ‘external’ pressures. It also discusses the extent to which the effectiveness of political conditionality is likely to survive after the accession takes place. The article then moves on to consider the effects of accession upon democracy in the states of the region by looking in detail at three areas that have been particularly important: the role of national parliaments, the new constitutional courts, and the tendency towards decentralisation and regionalism. The article concludes by noting that, although not all of the developments discussed are necessarily good for democracy in the region, the real dividend coming from the accession process lies in the fact that, on a macro‐level, membership in the EU will make the democratic transition in Central and Eastern Europe practically irreversible.     

Reason of State and Public Reason

“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where “reason of state” is equivalent to the common good); an “ironical” usage (where it is used pejoratively to denounce it as a pretext for application of illegitimate or illegal means); and a “pre‐emptive” usage (where “reason of state” functions as a legitimate second‐order exclusionary reason used to override otherwise mandatory first‐order rules of action). It is argued that only the “thin” usage is helpful in a by‐and‐large liberal‐democratic context. The article then discusses the main dilemmas related to the concept of public reason, especially in its most influential, Rawlsian interpretation, and defends the concept against common critiques. Finally, the two concepts of “reason of state” and public reason are compared, and it is argued that a “thin” usage of “reason of state” is functionally equivalent to public reason, and that both resonate with the theory of “input democracy” (focusing, as it does, on the legitimacy of reasons—or motivations—for applying coercive rules to individuals). The article also identifies a problematic feature of “reason of state”: its emphasis on the state as a privileged interpreter of such reasons and/or as identifying the pool of actors within which the “constituency” of public reason is ascertained. There are good reasons to resist both of these consequences: the former because of its potentially authoritarian consequences, the latter because of reasons provided by cosmopolitan political conceptions.     

Eastern Enlargements and EU Defence Ambitions

ABSTRACT

Despite their common history, Central Europeans have never had a coordinated or consistent position on the issue of European defence and are now, in fact, drifting further apart. Today, some states consider themselves exposed to a threat from Russia while others do not have the same perception and are even moving towards closer cooperation with Moscow. However, the most important factor shaping the positions of Central Europeans is the current, still very loose state of the European Union’s defence policy. As long as the Common Security and Defence Policy (CSDP) remains focused on providing security and stability to other parts of the world and weak on defending the EU area, Central Europeans will refrain from truly committing to it.     

Prediction of eye color from genetic data using Bayesian approach

Prediction of visible traits from genetic data in certain forensic cases may provide important information that can speed up the process of investigation. Research that has been conducted on the genetics of pigmentation has revealed polymorphisms that explain a significant proportion of the variation observed in human iris color. Here, on the basis of genetic data for the six most relevant eye color predictors, two alternative Bayesian network model variants were developed and evaluated for their accuracy in prediction of eye color. The first model assumed eye color to be categorized into blue, brown, green, and hazel, while the second variant assumed a simplified classification with two states: light and dark. It was found that particularly high accuracy was obtained for the second model, and this proved that reliable differentiation between light and dark irises is possible based on analysis of six single nucleotide polymorphisms and a Bayesian procedure of evidence interpretation.     

Regulating tissue research: do we need additional rules to protect research participants?

This article explores whether additional rules are needed for the regulation of tissue research in Europe. A human rights-based approach (referring to international documents and illustrative examples from national legislation) is taken to address the question: what is so special about tissue, in particular when compared to personal data? The existing regimes in Europe on data protection and clinical trials are presented and examined for their suitability to govern tissue research, taking into account the differences between data and tissue. Six recommendations are outlined, highlighting important points future legislation on tissue research must take into account.