Verfahrenseinstellung als Verfolgungshindernis nach Art 54 SDÜ

Art 54 SDü ist als m?gliches Verfolgungshindernis bei der Beurteilung der Tat dann beachtlich, wenn er im Zeitpunkt der Urteilsf?llung in den relevanten Mitgliedstaaten in Geltung stand. Eine Verfahrenseinstellung entfaltet keine Sperrwirkung iSd Art 54 SDü, wenn sie nach dem Recht des Mitgliedstaates, in dem das Verfahren eingestellt wurde, kein Hindernis für eine neue Strafverfolgung wegen der- selben Tat bildet. § 226 FinStrG ist im Verh?ltnis zu § 288 Abs 2 Z 3 StPO als lex specialis auf das Vorgehen des OGH nach einer erfolgreichen Nichtigkeitsbeschwerde bezogen.     

Civil commitment by conservatorship: the workings of California's law

This article summarizes the conservatorship provisions of the California Civil Commitment Statute, the Lanterman-Petris-Short (LPS) Act and reviews the major findings from previous studies. By studying the hospital records of eighty-five gravely disabled patients affected by LPS, the authors address issues raised by these reports. The results indicate that the law's provisions work unevenly. Patients with acute and current disability received conservatorships more frequently than those who had been disabled in the past. There is some evidence that the process is used to confine threatening patients and does not function equally well for all diagnostic groups.     

Socio-political change and crime

This article offers an epistimological approach to criminological inquiry that draws on political and economic perspectives to create a theoretical context for hate crimes and xenophobia in contemporary Germany. The paper concludes that criminology as a discipline may be inadequate to grasp the complexities of criminal interactions and that criminology must draw heavily on the perspectives of other disciplines. Ultimately, it may be more important to illicit ideas rather than attempt to know the truth. The author wishes to note that this paper draws on an earlier published work and was constructed post facto from his comments and presentation at the conference.     

Democratic Policy in Europe

Abstract: This article examines the implications of European integration for democratic self-determination. Distinguishing between the dimensions of 'autonomy' and 'effectiveness', it is argued that autonomous processes of democratic participation, public discourse and democratic accountability have not yet been established on the European level. On the other hand, the effectiveness of democratic self-determination at the national level is increasingly constrained by processes of economic globalisation and even more so by the completion of the European internal market. At the same time, however, conflicts of interest among the Member States of the European Union often stand in the way of effective European problem-solving in those areas where the nation-state is losing control. It is argued, therefore, that it would be desirable to allow greater legal scope to national policy choices by limiting the reach of 'negative integration' and European competition law in those areas where the Union itself, for political reasons, is incapable of effective action.     

Policy’s role in democratic conflict management

Policy Sciences - This article proposes rethinking democratic conflict management by acknowledging the increasingly important role policy plays in it. As the debate on the health of democracy...     

Regulating the retirement age—Lessons from Nordic pension policy approaches

The likelihood that longevity will continue to increase has generated a search for regulation that make people work longer as they live longer, and thus not just containing pension expenditure but also enlarging labor supply, economic growth, and tax revenue. In public pension policy, Nordic countries have led the world with three types of approaches aimed at making people retire later. The first came when Sweden, followed by Finland and Norway, installed life expectancy coefficients in benefit calculation formulas. The second followed as Finland introduced age-related accrual rates and the third when Denmark indexed the pensionable age to developments in life expectancy. Since economic incentive-based regulations failed to raise exit ages sufficiently, Finland and Sweden subsequently linked pensionable ages to life expectancy like Denmark. While this policy brings out inequalities in health and workability, the fact that countries found it necessary to index the pensionable age to longevity instead of just relying on economic incentives in regulating retirement behavior may hold lessons for other countries.