Holding to Account a Possible European Public Prosecutor Supranational Governance and Accountability Across Diverse Legal Traditions

The Lisbon Treaty provides a legal basis for the Member States of the European Union (EU) to establish a European Public Prosecutor (EPP) with competence to prosecute, in the courts of the Member States, crimes against the financial interests of the Union. Article 86 of the Treaty on the Functioning of the European Union, provides that the Member States may unanimously, or through flexible cooperation where nine Member States agree, establish such a European-level prosecution body, with the possibility for its powers to be extended by unanimity to include serious crime having a cross border dimension or affecting more than one Member State. Within the legal traditions of the Member States, means of holding prosecution authorities to account vary considerably. Probably the strongest form of accountability exists in the civil law tradition of Member States that permit appeals to judicial bodies for decisions not to prosecute, which contrasts with the traditional common law reluctance to even give reasons for not prosecuting. Similarly, the ways in which prosecution authorities interact or overlap with police functions, and thus with general mechanisms of police and/or bureaucratic accountability, differ. Some of the particular features of EU cooperation suggest additional accountability issues, notably, questions concerning competence spill-over and problems of remoteness. This paper seeks to address how to conceptualise governance and accountability of a possible EPP outside of the context of a trial (the latter entailing a type of open legal accountability that can be studied in its own right) and including the question of the definition of competences.     

The Dead, the Law, and the Politics of the Past

This article explores the role of law in cultural and political disputes concerning dead bodies. It uses three interconnecting legal frameworks: cultural and moral ownership, commemoration, and closure. It begins with a critique of the limitations of the private law notion of 'ownership' in such contexts, setting out a broader notion of cultural and moral ownership as more appropriate for analysing legal disputes between states and indigenous tribes. It then examines how legal discourses concerning freedom of expression, religious and political traditions, and human rights and equality are utilized to regulate the public memory of the dead. Finally, it looks at the relationship between law and notions of closure in contexts where the dead have either died in battle or have been 'disappeared' during a conflict, arguing that law in such contexts goes beyond the traditional retributive focus of investigation and punishment of wrongdoers and instead centres on broader concerns of societal and personal healing.     

Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements

ABSTRACT

The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.     

Projecting macroeconomic outcomes: Evidence from the IMF

In the process of designing IMF-supported programs, IMF staff members prepare projections of the evolution of key macroeconomic variables for the participating country. These projections are based on countries?? initial situations, and are conditioned on the implementation of reforms and policy measures agreed in the context of programs. In this paper, we examine the accuracy of projections in 291 programs approved in the period 1993?C2009. We focus on the projections of three macroeconomic variables (the ratios of the fiscal surplus to GDP and of external current account surplus to GDP, and real GDP growth) during the years immediately following the initiation of an IMF-supported program. We identify several potential reasons for divergence of projected from actual values: (i) mismeasured data on initial conditions; (ii) country-specific differences in forming projections, (iii) projections that do not reflect the dynamic time-series process of the actual data; (iv) policy forecast error; and (v) random errors in the actual data. Our data analysis suggests that the incomplete information on initial conditions and the country-specific differences in projection error are the largest contributors to discrepancies between projection and actual. We also consider whether the IMF??s forecasts have gotten more accurate in recent years; there is evidence that they have for the shortest horizons, but the quantitative impact on forecast error is small.     

The mass media and changes in adolescents' political knowledge during an election cycle

Two questions are considered: to what extent do children's levels of political knowledge and news media use change during an election campaign? To what extent are levels of political knowledge related to levels and types of news media use? The hypothesis that news media use at one point in time is related to subsequent levels of political knowledge is tested using crosslagged partial correlation analysis. The patterns of political knowledge and news media use in January (prior to the 1976 primaries), late May and early June, and after the general election among a panel of high school students are examined. The means indicate a small increase in news media use and a more substantial increase in political knowledge. A greater increase occurs in political knowledge about campaign and election relevant institutions and processes than about other types of political institutions and processes. Limited support is provided for the hypothesized lagged influence of news media use; the impact varies with the political interest of the student and the type of news media used.     

Gender Differences in Rates of Depressive Symptoms Among Low-Income,Urban, African American Youth: A Test of Two Mediational Hypotheses

The present study tested for gender differences in depressive symptoms in a sample of 622 low-income, urban, African American adolescents. Results indicate that adolescent girls in this sample were significantly more likely to endorse depressive symptoms than were boys. To examine possible explanations for this gender difference, 2 variables were tested as mediators of the relation between gender and depressive symptoms: (1) interpersonal stressors and (2) ruminative coping. Results indicate that ruminative coping, but not interpersonal stressors, mediated the relation between gender and depressive symptoms in this sample. Possible explanations for these findings, in light of the common and unique experiences of low-income, urban youth of color, are explored.