An Alternative Constitutional Treaty for the European Union

We propose an alternativeto the Constitutional Treaty drafted by theEuropean Convention. Our proposaleffectively limits the domain of governmentat the Union level. It takes the incentivesof the European public actors into account.We propose a second chamber of EuropeanParliament composed of delegates of theparliaments of the member states and asecond court composed of delegates of thehighest courts of the member states. Theseinstitutions will be the guardians of thesubsidiarity principle. The principle ofthe separation of powers is implemented byabolishing the Commission's monopoly oflegislative initiative and by curtailingthe Council's legislative role. Treatyamendments will not be drafted by aninter-governmental conference but by aninter-parliamentary conference. We proposeto change the method of financing andintroduce referenda.     

Decentralization as a conflict transformation tool: The challenge in Kosovo

Perspectives are divided on whether decentralization can ease ethnic conflict. This article considers whether asymmetric decentralization reforms in Kosovo have reduced tensions between Kosovo Albanians (K‐Albanians) and Serbs (K‐Serbs). We argue that because decentralization has been linked to Kosovo's sovereignty in the years after the NATO bombings, during the final status talks, and after independence, it has not achieved intended outcomes throughout the territory of Kosovo. Instead of assuaging tensions and generating allegiance to the central government, decentralization has re‐inforced ethnic divisions and strengthened K‐Serb ties to Serbia, particularly in northern Kosovo. Concessions to majority Serb municipalities in Kosovo have been seen by K‐Serbs as a bribe to buy acceptance of independence, while K‐Albanians question their leaders' continued policy of asymmetric decentralization. Since independence, there have been some encouraging developments in southern municipalities, where K‐Serbs have participated in municipal elections organized by Pristina. Based on Kosovo's experience, we argue that policy‐makers must consider the impact of decentralization reforms at multiple levels of conflict. Further, although we find that decentralization may engage minorities in political processes if reforms are attempted after the establishment of a central government, we caution that it must be combined with policies to encourage interaction and dialogue between ethnic groups if it is to assuage conflict. Copyright © 2010 John Wiley & Sons, Ltd.     

Patterned imprint mark due to the folded shoulder stock: A possible finding in contact shots from submachine guns

The muzzle imprint (barrel mark) is a pressure abrasion typically associated with contact shots. Apart from the contours of the actual muzzle profile, other constructional parts such as the front sight and/or the recoil spring guide of semiautomatic pistols may be imprinted next to the bullet entrance wound. In some types of submachine guns the shoulder stock can be folded forward so that its end partly encircles the muzzle. If such a weapon was in contact with the skin at the instant of discharge, a corresponding contusion mark is to be expected. The imprint configuration may point to the type of weapon and to the way in which the gun had been held when firing the shot. The paper presents the injury pattern in a 36-year-old man who committed suicide with a Scorpion SA Vz 61 submachine gun cal. 7.65 mm Browning from former Czechoslovakia.     

Gelungene Integration in den Arbeitsmarkt?

This article discusses the social-structural dynamics of the biographies of transnationally mobile Europeans on the basis of 27 interviews, conducted in 2002–2003, with people of Italian, French, British, Danish, and Polish origin living in Berlin. In comparing different forms of mobility and taking into particular consideration the vocational aspects of the Europeans interviewed, this study reveals several characteristic types of transnational mobility within Europe. It does not only reveal the biographies of the elite or lower class Europeans, as these types have already been derived from the new transnational or classical migration research; it also unravels the biographies of a variety of transnational middle class Europeans. Furthermore, our study shows, that the availability of cultural and social capital is the determining factor for integration. These findings are an interesting extension to the sociological understanding of migration in the 21st century.     

Resources versus Capabilities: Social Endowments in Egalitarian Theory

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin's equality of resources and Amartya Sen's capability approach. Recently Dworkin has claimed that Sen's capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin's claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin's claim. Andrew Williams has contested Dworkin's claim, but he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin's and Sen's egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people's social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin's equality of resources and Sen's capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking.     

When Investors Enjoy Less Policy Risk: Divided Government,Economic Policy Change,and Stock Market Volatility in Germany, 1970‐2005

How does divided government affect the probability of economic policy change, and thus policy risk on financial markets? In contrast to the standard balancing model we argue that divided government, i.e., partisan conflict between the executive and the legislative branches, negatively affects the possibility of economic policy change. Using a simple spatial model we demonstrate that one should expect divided government to increase the probability of policy gridlock. Since divided government reduces the probability of economic policy change, financial markets can operate under lower policy risk in times of divided than in periods of unified government. For the empirical evaluation we exploit the fact that stock return volatility provides us with a measure of risk. If the gridlock argument does hold, stock return fluctuations should be lower under divided than under unified government. Our results confirm that divided government has a volatility reducing effect on the German stock market. This supports the view that divided government lowers policy risk.     

Literatur

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