Joined-Up Government in The Netherlands: Experiences with Program Ministries

Over the last 15 years there have been many experiments with joined-up (also known as whole of) government practices, aimed at horizontal coordination to overcome the fragmentation of vertical governmental structures due to departmentalism and New Public Management. These practices were initiated to address wicked problems and to better interact with society at large. Now that there are signs that the rhetoric of joined-up government is winding down and many joined-up government developments are being dismantled, it is time to evaluate this approach. This is especially appropriate as some suggest that the overall impact of these developments may be relatively small, despite (overly) optimistic claims made in the past. In this article we take experiences with joined-up government in the Netherlands as the departing point for a critical discussion of this approach. By comparing the Dutch experiences with those in other countries, we will draw a picture of the challenges and dilemmas of horizontal coordination in the vertical world of government.     

Assessing and Appraising the Effects of Policy for Wicked Issues: Including Unforeseen Achievements in the Evaluation of the District Policy for Deprived Areas in The Netherlands

Urban regeneration is often acknowledged as a wicked policy issue that produces unanticipated outcomes. Most methods for policy evaluation treat those effects as flaws of planning or neglect them. We argue that wickedness is an inherent aspect of many policy issues and that it should be integrated in efforts to assess and appraise the effects of policy. We use a case of urban regeneration projects in The Netherlands to study how the unanticipated and unforeseen consequences of policy were accounted—or neglected—in the evaluation methods. Also, we present an alternative approach that takes into account the “by-effects” of policy.     

Predictive Policing: Review of Benefits and Drawbacks

This literature review illuminates the conceptualization of predictive policing, and also its potential and realized benefits and drawbacks. The review shows a discrepancy between the considerable attention for potential benefits and drawbacks of predictive policing in the literature, and the empirical evidence that is available. The empirical evidence provides little support for the claimed benefits of predictive policing. Whereas some empirical studies conclude that predictive policing strategies lead to a decrease in crime, others find no effect. At the same time, there is no empirical evidence at all for the claimed drawbacks. We conclude that the current thrust of predictive policing initiatives is based on convincing arguments and anecdotal evidence rather than on systematic empirical research. We urge the research community to do independent tests of both positive and negative expectations to generate an evidence base for predictive policing.     

The Politics of a European Civil Code

Abstract:  Last year the European Commission published its Action Plan on European contract law. That plan forms an important step towards a European Civil Code. In its Plan, the Commission tries to depoliticise the codification process by asking a group of academic experts to prepare what it calls a 'common frame of reference'. This paper argues that drafting a European Civil Code involves making many choices that are essentially political. It further argues that the technocratic approach which the Commission has adopted in the Action Plan effectively excludes most stakeholders from having their say during the stage when the real choices are made. Therefore, before the drafting of the CFR/ECC starts, the Commission should submit a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would repoliticise the process. It would increase the democratic basis for a European Civil Code and thus its legitimacy.     

The Right to Justification of Contract

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent.     

The governance of self-organization: Which governance strategy do policy officials and citizens prefer?

Policy Sciences - This article compares views of policy officials and members of community-based collectives on the ideal role of government in processes of community self-organization. By using Q...     

Is there still collusion in the Dutch waste collection market?

Concentration indexes based on regional markets show that the Dutch market for refuse collection is highly concentrated in 2002 and 2010. Similar to earlier work in 2007, the results indicate some evidence that high concentration increases costs and therefore (partly) offsets the advantage of contracting out. In 2002, results with respect to concentration are somewhat less robust. In 2010, the cost-advantage effect of private provision becomes smaller. However, for this year, we have a stronger indication that the cost advantage of private provision depends negatively on regional concentration measured by the Hirschman–Herfindahl Index.     

A Toolbox for European Judges

The forthcoming instrument on European contract law, be it in the shape of an optional code for cross‐border contracts or as an official toolbox for the European legislator, is likely to have a spill‐over effect on private law adjudication in Europe. Judges will have no great difficulty in finding model rules and definitions that might come in handy when dealing with gaps and ambiguities in European private law. However, the question is whether such a role as a toolbox for judges would be legitimate. I discuss three types of possible legitimation strategies: traditional methods of legal interpretation, the new European methods and merely political legitimation. It will often depend on the circumstances of the case at hand and the characteristics of the particular model rule or definition that is being borrowed what mode of legitimation will prove to be more convincing. However, generally speaking legitimation in terms of the ‘general principles of civil law’ that the CJEU has recently been developing seems a particularly promising strategy. On the other hand, it seems unlikely that European courts could come under a duty, following from the principle of sincere cooperation, to use the instrument as a toolbox.     

The Ideal of Codification and the Dynamics of Europeanisation: The Dutch Experience

Abstract:  In response to the growing incoherence of European contract law, the Commission is planning to adopt a 'common frame of reference' (CFR) in 2009. That CFR will effectively constitute a codification in a substantive sense. As a result, in codified systems such as The Netherlands, there will be a shift from the familiar tension between impressionistic harmonisation and systematic codification to a new tension between the system of the national civil code and the system of the substantive European code. Therefore, once the CFR is adopted by the Commission as a tool for revising the acquis and for drafting new directives, national legislators inspired by the codification ideal will have to reconsider their strategies towards the implementation of directives in the area of private law. Three such strategies are considered here: resistance, segregation and surrender. Each of them has advantages, but also disadvantages. None of them solve the tension between national codification and Europeanisation. It seems unlikely that private law will ever (again) be contained exclusively in one comprehensive code, either on the national or on the European level. The CFR will make a comprehensive national codification increasingly difficult to achieve, whereas a comprehensive European Civil Code that replaces national private law both lacks a legal basis and political support. Therefore, we will have to live with a two- (or multi-) level system of private law. As a result, the Dutch and other national legislators will have to revise their codification ideals.     

Dancing on coke: smuggling cocaine dispersed in polyvinyl alcohol

Recent trends suggest that cocaine smugglers have become more and more inventive to avoid seizures of large amounts of cocaine transported between countries. We report a case of a mail parcel containing a dance pad which was seized at the Customs Department of Brussels Airport, Belgium. After investigation, the inside of the dance pad was found to contain a thick polymer, which tested positive for cocaine. Analysis was performed using a routine colorimetric swipe test, gas chromatography coupled with mass spectrometry and nuclear magnetic resonance spectroscopy. The polymer was identified as polyvinyl alcohol (PVA) and contained 18% cocaine, corresponding to a street value of € 20,000. Laboratory experiments showed that cocaine could be easily extracted from the PVA matrix. This case report reveals a new smuggling technique for the transportation of large amounts of cocaine from one country to another.