Codes of conduct and practical recommendations as tools for self-regulation and soft regulation in EU public affairs

During the 2000s–2010s, EU Commission and Parliament and European interest groups advanced a specific model of regulation. It combines, on one side, lobbyists self-regulation—the codes of conduct for EU lobbying professionals' associations, such as SEAP and EPACA—with institutional nonbinding or “soft” regulation on the other side—the EU Transparency Register framework for registered interest groups, its code of conduct, the related system of checks, alerts, and complaints about interest groups misconduct put forward by the EU Joint Transparency Register Secretariat, the list of Dos and Don'ts by the EU Ombudsman. This paper examines the peculiar lobbying self-regulation and soft regulation tools and practices, as implemented within the EU model: SEAP and EPACA codes of conduct, EU Transparency Register, EU Interest Groups Code of Conduct, Commissioners and MPs codes of conduct, the procedures of the EU Joint Transparency Register Secretariat, and the Ombudsman list of Dos and Don'ts, underlining their growing impact on interest groups registration to the EU Transparency Register. This EU innovative regulatory model-based on a peculiar mix of self-regulation and institutional, incentive-based, soft regulation-stands as a concrete alternative to the traditional North American top-down binding regulatory pattern. The EU model is based on a participatory, cooperative, and pragmatic dialogue between European policy makers and interest groups. Clarifying the concept, the nature, and the functions of this model, while underlining its peculiarity is the purpose of this paper.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.     

Public Sector ‘Modernisation’: Examining the Impact of a Change Agenda on Local Government Employees in England

Can public sector reform change service performance for the better? This is a hotly contested debate that carries significant theoretical and practical importance. In England, as in many countries, modernisation was at the heart of local government reform and represented an interpretation of New Public Management into a policy framework. This paper examines the role of the modernisation change agenda in England and what this has subsequently meant for ‘service improvement’. Drawing on both document analyses and qualitative interviews with local government employees, we find that while modernisation sought to establish continuous improvement, unintended consequences of modernisation have led to Staff Reductions, Skill Deficiencies, and Loss of a Competent Middle Core in local government, as well as performance outcomes creating an environment for Commissioning, Service Reduction, and Self‐Policing. Implications for the lasting roles and behaviours of public managers affected by this national change agenda are discussed, and conclusions for theory and practice are drawn.     

Safeguarding development aid against climate change: evaluating progress and identifying best practice

Official development assistance currently totals around US$130 billion per year, an order of magnitude greater than international climate finance. To safeguard development progress and secure the long-term effectiveness of these investments, projects must be designed to be resilient to climate change. This article reviews 250 projects for three countries from two development organisations and finds that between 2% and 30% of these may require action now to “future-proof” investments and policies. Both organisations show improvements in the recognition of climate change in projects, but many projects are still not future-proof.     

Sex and the civil partnership act: the future of (non) conjugality?

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition.     

Applicability of the ParaDNA® Screening System to Seminal Samples

Seminal fluid represents a common biological material recovered from sexual assault crime scenes. Such samples can be prescreened using different techniques to determine cell type and relative amount before submitting for full STR profiling. The ParaDNA^® Screening System is a novel forensic test which identifies the presence of DNA through amplification and detection of two common STR loci (D16S539 and TH01) and the Amelogenin marker. The detection of the Y allele in samples could provide a useful tool in the triage and submission of sexual assault samples by enforcement authorities. Male template material was detected on a range of common sexual assault evidence items including cotton pillow cases, condoms, swab heads and glass surfaces and shows a detection limit of 1 in 1000 dilution of neat semen. These data indicate this technology has the potential to be a useful tool for the detection of male donor DNA in sexual assault casework.     

Should the UK adopt a European system for the registration of trade marks?

An examination of whether the UK Trade Marks Registry shouldno longer undertake searches for relative grounds of refusal.