Trusts in American law and some of their substitutes in Spanish law: Part II

The first part of this article examined, from a US point ofview, the principal uses of trusts and now this second partdescribes aspects of Spanish law which provide similar facilitiesfor investors, before concluding that none of the tools availablein Spanish law fulfil all the functions of trusts and that theintroduction of a trust law into Spanish law would not be simple.     

Negative Issue Ownership

Existing research considers issue ownership to be a positive attribute of political parties, which are seen as ‘owning’ those policy areas where they are particularly competent and engaged. However, for some citizens a party may also be a negative issue owner if it has a particularly bad reputation for its handling of an issue. This article describes and explains aggregate and individual-level patterns of negative issue ownership using a survey-based measure of handling perceptions from the 2013 Austrian National Election Study (n = 3,266). Naming a particular party as a negative issue owner is affected by partisanship, but also by policy preferences and government performance evaluations. The effects of issue importance vary across issues. These findings lay the groundwork for more research on negative attributions of issue ownership and their empirical consequences on vote choice.     

Der Risikoansatz in der europäischen Hochwassermanagementrichtlinie

Zusammenfassung  Die Bewertung der Richtlinie 2007/60/EG (Hochwassermanagementrichtlinie) durch Michael Reinhardt aus ausschlie?lich rechtlicher Sicht greift zu kurz, um die Bedeutung für das deutsche Wasserrecht und vor allem die beh?rdliche Praxis zu erfassen. Der Hochwasserschutz in Deutschland folgt derzeit überwiegend noch einem Sicherheitsansatz, w?hrend die Hochwassermanagementrichtlinie im Geiste eines Risikoansatzes formuliert ist.     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming.     

Juvenile Delinquency in Switzerland Over 50 Years: Assessing Trends beyond Statistics

The general public seems to be convinced that juvenile delinquency has massively increased over the last decades. However, this assumption is much less popular among academics and some media where doubts about the reality of this trend are often expressed. In the present paper, trends are followed using conviction statistics over 50 years, police and victimization data since the 1980s, and self-report data collected since 1992. All sources consistently point to a massive increase of offending among juveniles, particularly for violent offences during the 1990s. Given that trends were similar in most European countries, explanations should be sought at the European rather than the national level. The available evidence points to possible effects of increased opportunities for property offences since 1950, and although causality remains hard to prove, effects of increased exposure to extreme media violence since 1985Swiss conviction statistics are based on registration in the national register of convictions. After 1971, minors were registered only in exceptional cases (Balvig 1988, p. 30)     

Introduction to the forum ‘The EU's Common Security and Defence Policy and the challenge of democratic legitimacy beyond the nation-state’

The democratic control and legitimacy of the Common Security and Defence Policy (CSDP) has received growing attention. However, thus far, studies have mostly focused on ‘blue prints’, i.e., the analysis of formal powers of formal institutions, especially the European Parliament. These studies leave two desiderata that the contributions to this forum aim at overcoming: Firstly, in-depth case studies are required on how formal institutions make actual use of their formal powers in CSDP. Secondly, an examination of the ‘sociocultural infrastructure’ in which formal institutions and decision-making processes are embedded is required. The contributions to this forum redress both deficits. First, the actual practices of parliamentary involvement in the case of the EU's first maritime mission ‘Atalanta’ are examined. Second, the most important dimensions of the ‘sociocultural infrastructure’ are empirically studied, namely public opinion, the public sphere and civil society.     

How has Radical Right Support Transformed Established Political Conflicts? The Case of Austria

In many European party systems, the radical right has challenged established patterns of political competition. This article studies the consequences of this by using the case of the Freedom Party of Austria (FPÖ) and data from Austria’s first national election study (AUTNES). It is found that the FPÖ has weakened Austria’s previously highly stable system of socio-structural and ideological divisions as expressed by the two mainstream parties, the People’s Party and the Social Democrats. In socio-structural terms, the FPÖ has undermined the Social Democrats’ support base. In ideological terms, FPÖ voters have distinct views on newer issues such as immigration, European integration and dissatisfaction with the political system, but its supporters’ views on Austria’s traditional conflicts surrounding the economy and social and religious values cannot explain the party’s success. These findings further our understanding of the transformation of political conflicts not just in Austria, but in Western Europe in general.     

Political entrepreneurship and the formation of special districts

Where general purpose governments provide a bundle of services within their boundaries, special district governments provide specific services inside the boundaries of general purpose governments. The alternative to forming a special purpose government is providing the service within a general purpose government. Formation of a special district represents the establishment of a new political enterprise, in contrast to the addition of a new product line to an existing government. We explore the formation of special districts as a particular form of the universal entrepreneurial search for gain or profit from exchange. Political entrepreneurship, like market entrepreneurship, operates inside some framework of rules, and the formation of special districts reflects the search for political gain within that framework of rules. We use an entrepreneurial framework to formulate several hypotheses concerning the formation and organization of special districts.