Legislative genesis and judicial death of a directive: The European Court of Justice invalidated the data retention directive (2006/24/EC) thereby creating a sustained period of legal uncertainty about the validity of national laws which enacted it

The Grand Chamber has ruled that the data retention directive was invalid ex tunc since it seriously interfered with the fundamental rights to respect for private life and protection of personal data and exceeded the limits of the principle of proportionality which are provided for in the Charter. The scope and temporal effects of this ruling should be clarified, especially its legal impacts on national laws of Member States which enacted the directive. In addition, the findings of the Grand Chamber on geographical safeguards have far-reaching implications on the retention and storage of personal data in the EU.     

Using the institutional grammar tool to understand regulatory compliance: The case of Colorado aquaculture

What is the relationship between the design of regulations and levels of individual compliance? To answer this question, Crawford and Ostrom's institutional grammar tool is used to deconstruct regulations governing the aquaculture industry in Colorado, USA. Compliance with the deconstructed regulatory components is then assessed based on the perceptions of the appropriateness of the regulations, involvement in designing the regulations, and intrinsic and extrinsic motivations. The findings suggest that levels of compliance with regulations vary across and within individuals regarding various aspects of the regulatory components. As expected, the level of compliance is affected by the perceived appropriateness of regulations, participation in designing the regulations, and feelings of guilt and fear of social disapproval. Furthermore, there is a strong degree of interdependence among the written components, as identified by the institutional grammar tool, in affecting compliance levels. The paper contributes to the regulation and compliance literature by illustrating the utility of the institutional grammar tool in understanding regulatory content, applying a new Q‐Sort technique for measuring individual levels of compliance, and providing a rare exploration into feelings of guilt and fear outside of the laboratory setting.     

Are regulatory agencies independent in practice? Evidence from board members in Spain

Are the board members of regulatory agencies (regulators), taken as a particular cluster within the public sphere, independent of elected politicians and tenured bureaucrats? How can we assess their independence in practice, beyond formal rules? To address these questions, this paper delves into two key dimensions: board members' social connections and their security of tenure in office. Firstly, we focus on regulators' identity as policy adjudicators and examine their political and administrative relations. In doing so, we expect to understand better how regulators' social and political situations may influence their behavior. Secondly, we assess their political vulnerability through political cycles in order to measure their de facto independence over time. Additionally, variations in these two dimensions are compared with respect to the effect of different de jure appointment rules. We contrast these expectations with the empirical evaluation of board members of regulatory agencies in Spain (1979–2010). Thus, we confirm that regulators who have an administrative profile are more vulnerable to political changes than those with political ties, while appointment rules have an influence on their political vulnerability.     

A matter of timing: The religious factor and morality policies

The question of whether or not religion accounts for variance in the governance of moral issues, between and within countries over time, has long been debated but never conclusively answered. A novel data set encompassing innovative measurements of state regulation of “life‐and‐death” issues and of the religious stratification of society enables us to answer why previous studies reached contradictory results. The time‐series cross‐sectional analysis of 26 countries over 50 years reveals that dominant religious denominations in society indeed influence state governance approaches regarding the issues of abortion and euthanasia. This denominational effect is shown to be contingent on the religiosity of a country's population, but independent from the formal state–church relationship. Lastly, it is shown that the religious effect has an inverse U‐shaped relationship with time, exposing the timeframe of analysis as decisive for inferences drawn in the study of morality policy.     

The oecd’s discourse on fragile states: expertise and the normalisation of knowledge production

The concept of legitimacy has been highly influential in policy recommendations concerning state building in ‘fragile states’. Indeed, depending on how ‘legitimacy’ is conceived, the actions and practices of state builders can differ substantially. This article discusses what is at stake in the conceptualisation of ‘legitimacy’ by comparing the academic literature with the normative production of the oecd. Looking at two approaches to legitimacy – the institutionalist or neo-Weberian approach focusing on institutional reconstruction, and the social legitimacy approach emphasising the importance of social cohesion for successful state building – the article shows that both these conceptions are present in most reports, but also that the neo-Weberian approach tends to prevail over the social legitimacy perspective. Through a series of interviews with oecd officials and scholar-practitioners who have participated in the writing process of oecd reports, we hint, finally, at future research avenues on the social conditions of knowledge production and its normalisation.     

Judging unethical behavior: the different effects of external and public service motivation

ABSTRACT

While the claim that Public Service Motivation (PSM) has a positive effect on ethical judgment is well-established in the literature, this link is less clear for external sources of motivation. Little is known about how these two types of motivation can be influenced to boost ethical judgment. This article addresses these two shortcomings, studying the effects of PSM and external motivation on the judgment of unethical actions, and the process of assumption of institutional logics by individuals with more basic needs satisfaction. The empirical analysis applies full structural equation modeling, testing the hypotheses on a sample of 574 case managers working on a program that integrates health and social services in Catalonia (Spain). The results illustrate the distinct relation of PSM and external motivations with the judgment of unethical acts. They also indicate that the satisfaction of basic psychological needs indirectly reduces the acceptance of unethical acts. However, this indirect effect only happens through PSM. These findings have important implications for academic research and for the prevention of the development of mild judgments of unethical behavior in the workplace.     

Citizenship and immigrant anti-rumour strategies: a critical outlook from the Barcelona case

This article analyses the case of the Barcelona Anti-Rumour Network, an initiative promoted by the City Council and social organizations, in order to deal with the uncontrolled proliferation of rumours, prejudices and stereotypes about immigration. Rumours convey false information with the aim of exploiting the fears of citizens often disconcerted in the face of the changes brought about the arrival of a considerable number of foreign immigrants. The article analyses, through policy analysis and in-depth interviews, the role of communication in immigration policies and the concept of citizenship that exists behind this strategy. Such policies can run the risk of focusing too much on the denial of rumours rather than on the affirmation of rights, as this may question the eligibility of the immigrant population to obtain the status of citizenship.