Europe in Search of its Civil Society

Building upon the experience of the Convention for the elaboration of the Charter of fundamental rights and upon the suggestions of the White Paper on European Governance, this article puts forward proposals for a better involvement of the 'civil society' in the system of the European Union. It offers a general diagnosis of the misunderstandings surrounding the notion of 'civil society' and the relationship of representative democracy to participatory democracy. It then draws some lessons from the experiment in deliberative democracy which led to the drafting of the Charter of fundamental rights. Finally, it focuses on the contribution the organisations of the civil society can make to good governance in the European Union. Altogether, the proposals presented tend to encourage a better structuration of the actors of the civil society. Such a structuration, the article concludes, although it is usually considered with suspicion even by those whom it would most benefit, must be seen instead as a condition for the effective exercise of whichever participatory rights might be granted to the organisations of the civil society.     

Regard sur les irréductibles imperfections de la Loi

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Development and political legitimacy: the cases of Iraq and Afghanistan

Development's policies are based on a set of premises: state‐building, state of law, democratisation, accountability and privatisation. The idea is that the Western concept of democracy could be implemented through the development of a ‘civil society’ of the building from scratch of new institutions. Such a model works when there is political will from the local political authorities and the society to adopt such a model (as was the case in Poland and Hungary after the collapse of the Soviet Union). But in any case a policy of development should be based on political legitimacy. In Iraq, as well as Afghanistan, political legitimacy means abiding with nationalism, Islam and local political culture (often based on clan‐ism and networks). In Iraq, the US policy has deliberately ignored the issue of legitimacy. In Afghanistan, because the US intervention was not part of a great design, it relied more on local constraints and thus has been more effective, or at least, less disruptive. The issue is not opposing a Western model of democracy to a national authoritarian political culture, but to root democracy into the local political culture. If not the policy of strengthening civil society, through political and military pressure as well as NGO's, has a disruptive effect and may lead to a conservative, nationalist and religious backlash.     

Safeguarding adults and mass marketing fraud – Perspectives from the police,trading standards and the voluntary sector

Despite the growing awareness of mass marketing fraud (MMF) in the financial abuse of vulnerable older people, little empirical research has been undertaken in this area. This paper is one of the first to consider the perspectives of a range of professionals who work with victims of mass marketing fraud and financial crime. MMF is a growing threat in the financial abuse of older people, and is increasingly recognised as a concern for professionals involved in supporting and safeguarding vulnerable older people. This paper considers the themes emerging from a small exploratory qualitative study into the perspectives of professionals working to safeguard those at risk of MMF and considers some of the complexities involved in tackling MMF. This involves consideration of the techniques used to groom and lure victims in plausible looking frauds, and the factors that serve to reinforce their sustained involvement in such activity.     

Ethnic Profiling: A Rising Challenge for European Human Rights Law

Ethnic profiling, defined as the use of racial, ethnic or religious background as a determining criterion for the adoption of law enforcement decisions, has been rising significantly in Europe, in particular in the wake of the terrorist attacks of 11 September 2001. This article examines whether European human rights law is well equipped to deal with this challenge, and if not, how it should be reformed. Against the widely held assumption that personal data protection legislation is insufficiently protective of 'sensitive' data relating to race or ethnicity, it explains instead why combating ethnic profiling has been made more difficult, rather than less, by an overly protective reading of the requirements of data protection laws. It then discusses the additional measures that European states could take to address more effectively the human rights concerns prompted by the development of ethnic profiling.     

What Does the “Terrorist” Label Really Do? Measuring and Explaining the Effects of the “Terrorist” and “Islamist” Categories

Many scholars and practitioners claim that labeling groups or individuals as “terrorists” does not simply describe them but also shapes public attitudes, due to the label's important normative and political charge. Yet is there such a “terrorist label effect”? In view of surprisingly scant evidence, the present article evaluates whether or not the terrorist label—as well as the “Islamist” one—really impacts both the audience's perception of the security environment and its security policy preferences, and if yes, how and why. To do so, the article implements a randomized-controlled vignette experiment where participants (N = 481) first read one out of three press articles, each depicting a street shooting in the exact same way but labeling the author of the violence with a different category (“terrorist”/“shooter”/“Islamist”). Participants were then asked to report on both their perceptions and their policy preferences. This design reveals very strong effects of both the “terrorist” and “Islamist” categories on each dimension. These effects are analyzed through the lenses of social and cognitive psychology, in a way that interrogates the use of the terrorist category in society, the conflation of Islamism with terrorism, and the press and policymakers' lexical choices when reporting on political violence.