Clawing Back Lost Powers? Parliamentary Scrutiny of the Transposition of EU Social Policy Directives in the Netherlands

For quite some time parliaments were seen as the losers of European integration. As a reaction, several parliaments have sought to exert more control over the executive branch in EU decision-making. An alternative venue for ‘clawing back’ these lost powers is by influencing the domestic transposition of EU policies. Surprisingly, this opportunity for greater parliamentary involvement has not received much scholarly attention. Under what conditions do the parties in parliament engage in ex post scrutiny over transposition? To shed light on this question, this article provides a detailed study of scrutiny by the Dutch parliament over the transposition of two social policy directives, investigating four hypotheses regarding vote-seeking, policy-seeking and office-seeking incentives for parliamentary oversight. The analysis shows that the ex post scrutiny that takes place can mostly be summarised as low-profile scrutiny aimed at information-gathering and position-taking, especially by opposition parties.     

Exploring gender issues in the development from conduct disorder in adolescence to criminal behaviour in adulthood

Using results from a large Norwegian follow-up study of former adolescent psychiatric in-patients we have traced the progression from mental disorders requiring hospitalisation in adolescence to registered criminal behaviour in adulthood, particularly highlighting gender differences. A nationwide representative sample of 1095 adolescent psychiatric inpatients (46% females) was followed up 15–33 years after admission to the National Centre for Child and Adolescent Psychiatry in Oslo, Norway. In adolescence 45% fulfilled the DSM-IV criteria for a disruptive behaviour disorder. At follow-up, 63% of the males and 39% of the females had a criminal record. Among females, psychoactive substance use disorder in adolescence seemed to be a sine qua non for later registered criminality, with intravenous drug use a potent risk factor for life-course-persistent criminality. The same strong association between drug use and criminality was not found in males. Factor analysis demonstrated that while the DSM-IV Conduct Disorder criteria structure was similar across genders, the prevalence of the various forms of expression was different in males and females. The differences between individuals with violent and non-violent crimes were more substantial in males than in females. There were marked gender differences in the criminal profiles observed, with the females' criminal career developing in a less serious manner than in males: females had later criminal debut, a lower number of acts on record, less diverse criminal behaviour, and an escalation in the severity of offences over time was less frequently encountered. However, secular trend analyses indicated that gender differences had diminished over the last several decades, with females “catching up” with their male counterparts. Overall, the results demonstrated important qualitative and quantitative gender differences in the criminal behaviour of former adolescent psychiatric in-patients. The results may be of use in prevention.     

Gender and power in the research process

This article explores the gender dynamics in a multidisciplinary research team, focussing particularly on the way gendered power struggles affect the production of knowledge. Gender-based conflicts over the relevance of gender to the research process threatened to silence all the women involved in the research: the researchers, the participants and the woman on the management team. As the research was exploring the under-representation of women in senior positions in organisations and their experiences of gendered processes at work, this silencing would have had particularly serious implications for the outcome of the project. During this conflict, power resources were mobilised by both women and men. The eventual resolution of the conflict ensured that women's voices were heard and their experiences made visible. This had a crucial effect on both the research process and the outcome of the research project and demonstrates the critical effect of gender on the knowledge that can be produced by research.     

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

This article seeks to map and explain the extent to which national legislators constrain discretion contained in European Union directives during transposition. To this end, we use standard hypotheses from the domestic delegation literature regarding the necessity of policy conflict and transaction costs. Our empirical approach is based on a focused comparison of the transposition of several provisions of the Asylum Reception Conditions Directive in France, Germany, and the Netherlands. In order to capture content‐specific aspects of discretion we employ an innovative measurement tool, the so‐called Institutional Grammar Tool. The study shows that while all three states formally comply with the directive, the level of European Union discretion delegated to practical implementers varies considerably across the cases. Standard delegation theory cannot fully explain the patterns. Instead, existing delegation theories have to be adjusted to the transposition context, by accounting for domestic preferences regarding the status quo.     

The Role of Class Action Litigation in Achieving Child Welfare Reform: A Study in Public Conflict Resolution

This article traces the history of a 16-year court battle over the child welfare system in Kansas City, Missouri, which eventually headed toward resolution as the result of an innovative public policy negotiation process. The process combined the substantive expertise of nationally and locally respected child welfare professionals with political muscle at the state, local, and community levels to develop and implement a plan for reform. If the results of this process become institutionalized in the Kansas City child welfare system, it will represent a significant transformation in the governing culture and practices of the system and the community it serves.