Regulating and Combating Underground Banking

In combating and regulating underground banking, a choice can be made of roughly two models, the risk model and the assimilation model. The risk model comes down to a complete prohibition of underground banking combined with an active investigation and prosecution policy. In the assimilation model, underground banking is recognised as a form of financial services but at the same time, all rules that generally apply to financial services are declared applicable to underground bankers. An effort is made simultaneously to lower the threshold of the formal banking system. The international recommendations and legislation—in particular of the Financial Action Task Force and the European Union—take the assimilation model as their starting point, albeit that no or hardly any attention is paid to the role of the formal banking system. With that, relatively little account is taken as yet in the international community of the historic and socio-economic backgrounds of informal banking systems, their embedment in different cultures and the advantages of the services offered. Professor of Criminal Law and Criminal Procedure, VU University Amsterdam, Faculty of Law, Department of Criminal Law and Criminology.     

Bureaucratic Migration Politics: German Support for Common EU Policies on Labour Migration

As a macrostructure, this article uses a bureaucratic politics framework to understand the preference formation of the German federal government on liberalising economic migration policies. This allows unpacking the process of preference formation and linking it to a number of causal factors, which, by influencing the costs and benefits distribution of the relevant actors, shape the position of the government. The article argues that the misfit between the existing national regulations for economic migration and European-level policies has to be zero – otherwise the economic and political adaptation costs for the actors involved are too high. A heated national debate on immigration is negatively related to governmental support for such measures, as the political costs of support skyrocket. Conversely, if the decision-making process happens bureaucratically, this helps to attain governmental support, as the political costs of doing so are kept minimal.     

Entomotoxicology, experimental set-up and interpretation for forensic toxicologists

Forensic entomotoxicology studies the usefulness of insects as alternative toxicological samples. Use of insects as alternative matrix for drug detection is well documented and recommended when conventional matrices such as blood, urine or internal organs are no longer available. However, several limitations of entomotoxicology have been highlighted, especially concerning interpretation of the drug concentrations in insects on human forensic cases. In addition, the lack of knowledge in pharmacokinetic of drugs in insects, large variability of experimental set-up and toxicological analysis compromise the utility of this science. This review focuses on the current knowledge of factors influencing drug detection in insects. Reasons for the current limitations, but also recommendations for future research are discussed and proposed in this paper.     

Functioning and Effectiveness of Electronic Control Devices Such as the TASER® M‐ and X‐Series: A Review of the Current Literature

Abstract: Conducted electrical weapons (CEWs) such as the TASER^® M‐ and X‐series deliver short high‐voltage, low‐current energy pulses to temporarily paralyze a person by causing electrical interruption of the body’s normal energy pulses. Despite many scientific publications, which classify the health risks of an appropriate use of the TASER device as minor, there still is a continuous uncertainty about possible side effects with human application. Based on a literature search of the National Library of Medicine’s MEDLINE database’s PubMed system of current publications, the following article describes the mechanisms by which the device operates and discusses possible pathophysiological consequences. The majority of current human literature has not found evidence of clinical relevant pathophysiological effects during and after an exposure of professionally applied CEWs. However, to be able to exclude possible health risks, a medical checkup of people who have been exposed to CEWs is essential.     

Will the European Commission be able to standardise legal technology design without a legal method?

Privacy by Design (PbD) is a kind of precautionary legal technology design. It takes opportunities for fundamental rights without creating risks for them. Now the EU Commission “promised” to implement PbD with Art. 23(4) of its proposal of a General Data Protection Regulation. It suggests setting up a committee that can define technical standards for PbD. However the Commission did not keep its promise. Should it be left to the IT security experts who sit in the committee but do not have the legal expertise, to decide on our privacy or, by using overly detailed specifications, to prevent businesses from marketing innovative products? This paper asserts that the Commission's implementation of PbD is not acceptable as it stands and makes positive contributions for the work of a future PbD committee so that the Commission can keep its promise to introduce precautionary legal technology design.     

The Euro and the European Demos: Money and Community beyond the Nation-state

Money represents a form of trust among the members of a community. They share a belief that certain symbolic tokens constitute real value. Sceptics frequently point out that the euro area does not have the characteristics of a community. In particular they view the euro as money without a demos. According to this sceptical view, then, the euro is backed by an insufficient level of solidarity and suffers from a deficit of legitimacy. This article identifies the main flaws and contradictions of the no-demos theory. Most importantly, no-demos theory suffers from the fundamental misconception that political community and democracy are possible only in the nation-state. This conceptualisation of community represents a zero-sum understanding of community that cannot capture the dynamic interaction of multiple communities as well as complex and overlapping identities. In addition, no-demos theory is trapped in an internal contradiction. In order for democracy to be possible among the members of a community, that membership in the community is given and rests on pre-democratic criteria. I argue in this article that we need to accept the notion of disaggregated communities and should drop the concept of a unified and fully sovereign demos altogether. Moreover, under conditions in which the gap between sovereignty and authority continues to grow, European Monetary Union is actually a more democratic form of governance than the pre-Maastricht monetary regime in Europe.