The legal construction of privacy and data protection

In this contribution, the authors explore the differences and interplays between the rights to privacy and data protection. They describe the two rights and come to the conclusion that they differ both formally and substantially, though overlaps are not to be excluded. Given these different yet not mutually exclusive scopes they then apply the rights to three case-studies (body-scanners, human enhancement technologies, genome sequencing), highlighting in each case potential legal differences concerning the scope of the rights, the role of consent, and the meaning of the proportionality test. Finally, and on the basis of these cases, the authors propose paths for articulating the two rights using the qualitative and quantitative thresholds of the two rights, which leads them to rethink the relationship between privacy and data protection, and ultimately, the status of data protection as a fundamental right.     

Europeanisation with Many Unknowns: National Company Law Reforms after Centros

Negative integration through the expansive interpretation of European market freedoms is said to undermine domestic social regulation – by vertically imposing a strictly liberal interpretation of EU rules and by pushing EU member states into horizontal regulatory competition. This article analyses domestic policy responses to one particularly prominent instance of negative integration: the CJEU’s case law on the freedom of establishment since its first landmark ruling on Centros in 1999. The analysis shows that national company laws have only converged downwards in one particular subfield – minimum capital requirements – but they remain strikingly diverse across, and increasingly within, member states on most other issues, such as workers’ codetermination rights. Legal uncertainty about the Court’s case law, the mixed economic incentives it provides for firms and political disagreement about appropriate policy responses leave considerable space for differential Europeanisation. The crisis adds to these uncertainties and thus reinforces the trend towards differentiation rather than convergence.     

Measuring the Extent of Party Institutionalisation: The Case of a Populist Entrepreneur Party

The consensus among Finnish commentators is that the True Finn Party (PS), which grew dramatically to become the second largest electoral party in 2011, is an institutionalised party – that is, it is ‘here to stay’. Although led for virtually the whole of its 19-year existence by Timo Soini, the PS, unlike say Berlusconi’s Forza Italia and Popolo Della Libertà, is not viewed as a ‘personal party’ in which its expected lifespan is dependent on the political lifespan of its founder-leader. But how institutionalised really is it and when can a party be said to be institutionalised? Building on the syndrome of properties widely ascribed to the process in the literature, the theoretical contribution of this article is to provide a composite definition and the first systematic operationalisation of the notion of party institutionalisation. The empirical section measures the extent of party institutionalisation using the populist-entrepreneur True Finn Party as a test case whilst the concluding discussion considers the wider question of the conceptual utility of institutionalisation for the analysis of party change.     

STR data for the AmpFlSTR SGM Plus from the eastern and western sections of Mediterranean region of Turkey

Allele frequencies of the 10 STR loci (D16S539, D2S1338, D3S1358, vWA, D18S51, D21S11, D8S1179, D19S433, FGA and TH01) included in the AmpFlSTR SGM Plus kit were determined in 107 unrelated individuals from the eastern section and 108 unrelated individuals from western section of Mediterranean region of Turkey. The expected performance of these loci for personal identification and paternity testing in these populations were estimated.     

Globalization and populism in Europe

Public Choice - Recent micro-level studies have suggested that globalization—in particular, economic globalization and trade with China—breeds political polarization and populism. This...     

Locating extra-legal activities of the modern state in legal-political theory: Weber,Habermas, Kelsen,Schmitt and Turk

This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these theories vis-à-vis the cases of extra-legal activities of the state.

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Interactional Aspects of Intimate Partner Violence Result in Different Help-Seeking Behaviors in a Representative Sample of Women

This article reports a study of the possible impact of sociodemographic and interactional aspects of intimate partner violence (IPV) on help-seeking behavior. Do different sociodemographic groups of IPV survivors use different professional supports and treatments? Do different professional support and treatment agencies come predominantly in contact with women who have been subjected to different characteristics of IPV? Do different interactional IPV variables predict whether IPV victims contact the police, a family doctor, or a psychologist or psychiatrist? A representative sample of 157 women recruited from family counseling, the police, and shelters in Norway was interviewed. Three of seven sociodemographic variables showed statistically significant differences among the recruitment groups. No significant differences in characteristics of IPV were found among the recruitment groups. However, there were significant differences between the main categories (physical, psychological, and sexual) of IPV and interactional IPV factors concerning help-seeking. Our findings indicate that the help-seeking of IPV survivors is differentiated and interaction-specific and that they respond adequately to the different interactional consequences of IPV.     

Identification of acepromazine in hair: an illustration of the difficulties encountered in investigating drug-facilitated crimes

After a drug-facilitated sexual assault (DFSA), a woman was found in a drowsy state at home. She remembered having drunk an unknown beverage by the accused. Blood samples (collected 8 hours after the DFSA), two glasses, and a teaspoon seized by the police were analyzed. Acepromazine, a phenothiazine tranquilizer used in human and veterinary medicine, was detected in the residue of one of the glasses. In spite of acepromazine absence in the victim's blood, the possible use of acepromazine in the DFSA was reported to the police. Two weeks later, a suspect admitted having orally administered acepromazine to the victim. Using a liquid chromatography-tandem mass spectrometry method, this compound was subsequently detected (31 pg/mg) in a sample of the victim's hair collected a month and a half after the DFSA. A potential short elimination half-life in humans and/or the well-known in vitro degradation of acepromazine could explain the negative blood result. DFSA toxicological investigations are challenging and can be complicated when a rather unusual substance is concerned. In particular, special care should be taken when interpreting the results, taking into account elimination and/or instability data, when available.     

Magnetic law: Designing environmental enforcement laws to encourage us to go further

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with legal rights of access to environmental information, public participation, and access to justice in environmental matters. Based on some 2000 surveys and over 150 interviews with stakeholders from three Member States – France, Ireland, and the Netherlands – we adopt a holistic, 360° perspective, capturing the views of regulated parties, NGOs, and the general public on this private governance experiment. Our data provide important new insights into the practical effectiveness of Europe's laws enabling private environmental enforcement, its (intended and unintended) effects on farmers' compliance decisions in the vital area of nature conservation, and how law might be used to stimulate pro-environmental predispositions.     

Embodying Transition: FGC,Displacement, and Gender-making for Sudanese in Cairo

In this article I analyze both generalized propriety as a boundary marker of Sudanese identity in Cairo, and gendered attitudes toward morality and female genital cutting (FGC) as a fundamental aspect of that boundary. Sudanese have been profoundly affected by the ongoing political crisis in their home country, by the displacement triggered by political and economic collapse, and by their deteriorating legal and social status in Egypt. The dramatic changes in the circumstances of Sudanese residence in Cairo have challenged the cultural norm of gender complementarity as men ‘stay at home’ for want of work while women seek and find new opportunities for themselves. This unstable situation has led Sudanese to place more emphasis on ‘proper’ ways of behaving and being, an assertion that helps define the ethnic boundaries of the Sudanese community in Cairo. I demonstrate the inconsistencies between discourse and reality through ethnographic data while analyzing how Sudanese have found new ways of asserting their identity and resisting the practice of FGC.