The Convention Method Revisited: Does It Have a Future and Does It Matter?

Scholars have argued that the convention method has democratised the process of treaty reform and increased the legitimacy of EU constitutionalisation. This article finds that the convention method has contributed to a slightly more democratic process, but has not, in any fundamental way, improved the democratic status of the EU's treaty reform process. We should accordingly not be too concerned over the future fate of the convention method. From a democratic perspective, we should be more worried over the possible scenario that future changes to the EU's institutional structure will come about through implicit constitutional change without any formal changes being made to the treaties. The often cumbersome ratification process could thereby be bypassed, but this would also deprive EU citizens of the only real opportunity they have of influencing decisions on the overall design of the integration project.     

Suicide with a manipulated hand grenade

Explosion injuries in civilians are rare. An uncommon case of suicide with a manipulated hand grenade is presented. The findings at the scene and on the body (i.a. massive soot blackening of the skin, singeing, size and number of splinters) gave reason to doubt the use of trinitrotoluene (TNT), the usual explosive charge in hand grenades. Further investigations showed that parts of several hand grenades and black powder from standard fire-crackers commercially available without legal restriction had been used as propelling charge. The victim, who was in a sitting position, held the hand grenade in the left hand and triggered it with the right. He bled to death due to a fracture of the right femur and lacerations of the liver. The chronological course and total circumstances of the case suggested suicide in a strongly intoxicated condition (BAC 2.5 per mille). In the flat, a larger number of unlicensed weapons and weapon parts were found.     

Trotz Art 6 MRK keine mündliche Verhandlung bei Aufhebung einer einstweiligen Verfügung, wenn nur Rechtsfragen und "technische Fragen" zu klären sind

Ist Verfahrensgegenstand eine einstweilige Verfügung nach § 382b EO, liegt eine Entscheidung über "civil rights" vor. Somit ist Art 6 MRK auch im Provisorialverfahren anwendbar. Die Aufhebung einer einstweiligen Verfügung erfordert trotz Art 6 MRK keine mündliche Verhandlung, wenn bei unstrittigem Sachverhalt lediglich Rechtsfragen oder in hohem Ma? technische Fragen zu kl?ren sind. Die blo?e ?nderung der Beweislage bildet keinen Grund für die Aufhebung einer einstweiligen Verfügung. Die analoge Anwendung der Vorschriften der ZPO über die Wiederaufnahmsklage ist im Provisorialverfahren nicht vorgesehen.     

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.     

Explaining health care system change: problem pressure and the emergence of "hybrid" health care systems

In this article, we will further the explanation of the state's changing role in health care systems belonging to the Organisation for Economic Cooperation and Development (OECD). We build on our analysis of twenty-three OECD countries, which reveals broad trends regarding governments' role in financing, service provision, and regulation. In particular, we identified increasing similarities between the three system types we delineate as National Health Service (NHS), social health insurance, and private health insurance systems. We argue that the specific health care system type is an essential contributor to these changes. We highlight that health care systems tend to feature specific, type-related deficiencies, which cannot be solved by routine mechanisms. As a consequence, non-system-specific elements and innovative policies are implemented, which leads to the emergence of "hybrid" systems and indicates a trend toward convergence, or increasing similarities. We elaborate this hypothesis in two steps. First, we describe system-specific deficits of each health care system type and provide an overview of major adaptive responses to these deficits. The adaptive responses can be considered as non-system-specific interventions that broaden the portfolio of regulatory policies. Second, we examine diagnosis-related groups (DRGs) as a common approach for financing hospitals efficiently, which are nevertheless shaped by type-specific deficiencies and reform requirements. In the United States' private insurance system, DRGs are mainly used as a means of hierarchical cost control, while their implementation in the English NHS system is to increase productivity of hospital services. In the German social health insurance system, DRGs support competition as a means to control self-regulated providers. Thus, DRGs contribute to the hybridization of health care systems because they tend to strengthen coordination mechanisms that were less developed in the existing health care systems.     

Regional parliaments questioning EU affairs

ABSTRACT

Since the Treaty of Lisbon, the desire of parliaments to adapt to their new powers has led to a new wave of Europeanisation. However, the early warning system (EWS) and the political dialogue with the Commission constitute only a small part of parliamentary scrutiny for regional parliaments, which still largely rely on traditional tools such as mandates, debates and questions. Therefore, this paper studies a traditional mechanism of scrutiny, parliamentary questions, in order to understand how they can be used in an EU context. The study shows that Europeanisation is progressing slowly. Interestingly, the vast majority of MPs who ask EU-related questions are not members of the European Affairs Committee. In addition, questions focus primarily on the implementation stage rather than the policy-making stage. Finally, the content of parliamentary questions shows that regional parliaments have a distinctive territorial approach to EU affairs.     

Conclusion: regional parliaments – a distinct role in the EU?

ABSTRACT

Regional parliaments can shape EU policy-making via a range of domestic and European channels. In the context of a renewed interest in the subnational level, this article aims to address three core questions: have regional parliaments really been empowered by the early warning system provisions? Which factors explain differences in strength and mobilisation? Finally, what kind of a role do regional parliaments play in EU policy-making today, now that they have had several years to react to the trend towards multilevel parliamentarism? The authors argue that regional parliaments do indeed have the potential to contribute a distinct perspective to EU policy-making, even if their current level of activity is still low. Their distinctive territorial focus sets them apart from national parliaments. Their level of activity still varies greatly between parliaments depending on a number of factors.     

Sexsomnia – a forensic psychiatric challenge – a case report

In rare penal cases, a defendant makes a claim that he or she was asleep at the time of an alleged crime. This article discusses a case of alleged sexsomnia where a man claimed that he had been asleep during a sexual encounter (rape) with a woman. The question that often arises during an investigation and in court is how complex a behaviour is someone able to perform and still be asleep? To assist the court in answering this question, forensic psychiatric experts may be appointed. But the experts were not present during the act and must therefore consider each case on the basis of the available information and existing research. This paper provides a brief overview of the research regarding sexsomnia. It will also discuss what kind of information is important to elaborate in these cases in order to clarify the premises for the experts’ conclusions to the court.     

The European Union as a global climate leader: confronting aspiration with evidence

In rhetoric and action the European Union has attempted to be a global leader in forging solutions to confront the problem of climate change. Using unique survey data collected at five consecutive UN climate summits from 2008–2012, this article provides evidence on the extent to which the EU is actually recognized as a leader in the UNFCCC climate negotiations, investigates how perceptions of EU leadership have evolved overtime, and helps make sense of the role that the EU has played in recent negotiation outcomes. The survey’s findings show that recognition of the EU as a leader dropped sharply in 2009 at the COP 15 summit in Copenhagen, but has climbed again in subsequent years. The results reveal a fragmented leadership landscape in which the EU must share or compete for leadership with other actors, such as the USA and China, who hold drastically different institutional design preferences and leadership visions than those promoted by the EU. The article’s findings provide insight into the dynamics that both foster and frustrate the EU’s aspiration to lead the effort to reach a deal on a binding post-2020 climate change agreement in Paris at COP 21.