Constitutionalism and federalism in the ‘future of Europe’ debate: the German dimension

This paper examines some of the constitutional aspects of the ‘Future of Europe’ reform process in the light of interactions between German and ‘European’ federalism. Many aspects of the traditions of German federalism and German post-war constitutionalism have been influential, if not to say formative, for the evolution of the EU. These aspects are set out as a frame for the paper, before more detailed analysis of the constitutional process and a particular focus on the division of competences. The constitutional outcome reveals clear German ‘fingerprints’, though that finding needs to be balanced by a recognition of the constitutional debate as multi-perspectival, involving all member states both separately and collectively.     

Globalization and institutional competitiveness

Only dead institutions do not change and only rarely do institutions change by themselves. To maintain performing institutions takes institutional entrepreneurs who are willing to take risks and who possess the capacity and the talent to innovate. A regulation discourse, in contrast to a marketization discourse, would not picture the relationship between globalization and institutional change as a deterministic one. Rather, it would expect that all kinds of actors play a large number of different roles in the course of ongoing institutional change. The result of such complex institutional change, at the level of welfare states, multinational businesses, public administration, and training systems, to mention just a few of the empirical areas covered in this special issue, cannot be fully understood by applying an overly rigid, static, and dualistic approach to modern capitalist economies. The concept of institutional competitiveness, on the contrary, allows for institutional entrepreneurship and institutional hybrids constituting pulsating polities.     

Norway's Full-Employment Oil Economy - Flexible Adjustment. or Paralysing Rigidities?1

Two stones may be told about Norwegian macroeconomic management since 1973. The first one is the flexible-adjustment story: Norway defended full employment using oil revenues to manage structural change. to keep manpower in the primary sectors and create new employment opportunities in the welfare state. The second is the paralysing-rigidifies story: Norway used oil revenues to shelter its manufacturing industries and low-productivity agriculture from competition, and to expand the welfare state which created numerous crowding out mechanisms. The first section below reviews some strong statements of these stories. while the following two sections review contemporary debates on the notions of flexibility and rigidity, relating also to the question of Norway's ‘democratic corporatism’. The final two sections attempt to take a more detached look at the events about which the two stories are told. Five phases are distinguished, and the two ‘consumption booms’ (1973-77 and 1984-86) and the following austerity phases (1977-81, 1986-) are compared.     

The wage share and government job creation in Sweden, 1900–2016

ABSTRACT

This investigation explores the long-run relationship between the wage share in the non-construction private sector and government efforts to create jobs in public services and construction of infrastructure and houses, in Sweden in 1900 to 2016. In the present article, it is argued that the creation of employment with generous wages by the Swedish government has increased the bargaining power of workers outside of these sectors, thus raising the wage share, up to about 1980. Correspondingly, retrenchment from such policy has been detrimental for the wage share in recent decades. This argument is supported by the results of cointegration tests, estimation of long-run and short-run, speed of adjustment, coefficients, as well as by Impulse-response functions. While government consumption is often found to be an important determinant for the wage share, earlier research has neglected the full labor market effect of government job creation associated with an expansion of the welfare state. Sweden is an ideal case for studying the impact of welfare policy on the wage share, since it has been one of the most extensive welfare states and simultaneously has been one of the most egalitarian countries in the world.     

Trade Measures and Climate Compliance: Institutional Interplay Between WTO and the Marrakesh Accords

This article examines the potential of trade measures to induce more climate-friendly policies, focusing on the relationship between global trade rules and the Kyoto climate regime. At the core of this interplay is the normative consistency of trade-related rules in the two regimes and any hierarchical relationship between them. The stronger clout of the WTO and its compulsory dispute settlement system suggest that issues involving competing claims would be referred to WTO bodies. Such bodies have so far been restrictive regarding the exceptions in WTO agreements to the general ban on embargoes and discrimination. The normative compatibility of the two regimes will also depend on their participatory interplay, specifically how they differentiate groups of actors as to rights and obligations. Non-members of WTO receive the least protection, and their vulnerability to climate-related trade measures is largely determined by their interdependence with states that consider employment of such measures. Among WTO members, the findings of a dispute settlement body would presumably differ depending on the status of the target under the Kyoto Protocol. A non-complier with Kyoto commitments would be more shielded than a non-party, because by joining the Kyoto regime a non-complier has exposed itself to regime-internal and less trade intrusive measures that should be exhausted first. A third dimension of interplay is linkage, or efforts to influence the regime interplay. To date there has only been moderate cross-agency coordination, but considerable attention is paid within each regime, including in the Millennium Round of trade negotiations, to the desirability of avoiding conflict between them.     

A suicide prevention strategy for England

Over the last decade an increasing number of countries have established national strategies for suicide prevention. In the autumn of 2002 the suicide prevention strategy for England was presented to the general public, introducing what could be called a second generation of national programs for suicide prevention. This strategy uses evidence-based criteria for its priorities more systematically than before. Furthermore, it has put an increased emphasis on goals being specific, preventive measures being practical, and the preventive potential being visible. Other guiding principles for this strategy are that suicide preventive measures and initiatives should be open to monitoring and evaluation, and that revisions and updates of the national strategy should be made regularly--thus constituting an evolving strategy. This paper examines the content of the new national strategy for suicide prevention in England and what new contributions to the field it may make.     

Medicolegal aspects of witnessed suicide due to gunshot to the head. II. Legal medicine aspects and examination of the firing hand

The second part of the paper on suicides by gunshots to the head in the presence of witnesses focuses on relevant morphological autopsy findings such as entrance site, signs of close range or contact shots, bullet path etc. and also discusses selected aspects of ascertaining gunshot residues. For the identification of the shooter an integral medicolegal assessment of all the facts including the investigation results and the autopsy findings is essential. However, the morphological findings alone do not allow safe diagnosis, as for example in a homicide the temporal region, which was affected in all our cases, may have been deliberately chosen by the perpetrator as a localization typical of suicide. Thus methods to ascertain gunshot residues on the firing hand (by means of adhesive films and the polyvinyl-alcohol collection method--PVAL) are of great practical importance. In seven cases adhesive films and/or the polyvinyl-alcohol collection method were used. In one case the gunshot residues (GSR) were analysed by means of tape lifts and subsequent scanning electron microscopy (SEM). It was found that especially the combined application of topographical (adhesive tape/PVAL) and cumulative (SEM) methods allowed for the doubtless identification of the shooter, thus usually confirming the suicide. By the example of one case it is demonstrated that without the immediate collection of evidence at the scene objective reconstruction of the event becomes impossible. On the basis of the reported cases recommendations are finally given for a differentiated approach in the medicolegal evaluation of alleged witnessed suicide by gunshot (to the head).