Illegal access to information systems and the Directive 2013/40/EU

Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013, on attacks against information systems, came into force on 3 September 2013, replacing Council Framework Decision 2005/222/JHA. It maintains existing offences and criminalizes new activities such as illegal interception and the usage of certain tools for committing offences. The offence that is the focus of this article – illegal access to information systems – is set out in Article 3. It represents a change from the wording of Art 2 (2) of the Framework Decision 2005/222/JHA in that under Art 3 of the Directive the incrimination of illegal access to information systems now depends upon whether such access infringes a security measure. This paper provides an overview of the impetus for the introduction of cybercrime laws and analysis of the key provisions of the Directive before exploring whether the wording of Art 3 is a sensible legislative approach.     

Municipal Service Delivery: The Role of Transaction Costs in the Choice between Alternative Governance Mechanisms

Service provision by local governments can be delivered using in-house bureaucracies, private firms, and partnerships with other governments or the not-for-profit sector. This production decision has been a major focus of discussion among scholars, practitioners and political agents for the last quarter of a century. The transaction costs framework is an important tool to analyse decisions regarding the production of local services. In this paper, the authors employ this framework to analyse service delivery in Portugal and find that service characteristics and the local political environment play a key role in local officials' choice among the three governance mechanisms to deliver public services.     

Do Smaller Firms Pay Less in the Caribbean? The Case of Trinidad and Tobago

This article constitutes the first study of the employer size wage effect for a Caribbean country, namely the Republic of Trinidad and Tobago. Using a rich micro-level data set we estimate the firm size wage premium in an empirical model of wage determination. Despite exploring a variety of theories, samples, estimation techniques and tests, we find that, consistent with the empirical literature, larger firms in Trinidad and Tobago pay higher wages than smaller firms, for equally productive workers.     

Introduction: citizenship as inhabitance? Migrant housing squats versus institutional accommodation

ABSTRACT

This special issue focuses on migrants’ self-organised strategies in relation to housing in Europe, namely the collective squatting of vacant buildings and land. In particular, the contributions to this special issue differentiate between shelter provided in state-run or humanitarian camps and squatted homes. Migrants squats are an essential part of the ‘corridors of solidarity’ that are being created throughout Europe, where grassroots social movements engaged in anti-racist, anarchist and anti-authoritarian politics coalesce with migrants in devising non-institutional responses to the violence of border regimes. In these spaces contentious politics and everyday social reproduction uproot racist and xenophobic regimes. The struggles emerging in these spaces disrupt host-guest relations, which often perpetuate state-imposed hierarchies and humanitarian disciplining technologies. Moreover, the solidarities and collaborations between undocumented and documented activists challenge hitherto prevailing notions of citizenship and social movements, as well as current articulations of the common. These radical spaces enable possibilities for inhabitance beyond, against and within citizenship, which do not only reverse forms of exclusion and repression, but produce ungovernable resources, alliances and subjectivities that prefigure more livable spaces for all. Therefore, these struggles are interpreted here as forms of commoning, as they constitute autonomous socio-political infrastructures and networks of solidarity beyond and against the state and humanitarian provision     

A Critical Comment on Niskanen's Model

Niskanen's model has been largely criticized, but it still remains a standard explanation of bureaucracy's behaviour. In this paper we criticize the monopoly power that Niskanen assigns to the bureaucracy. A bilateral monopoly between bureaucrats and politicians might be a much more adequate framework for explaining the bureaucracy's behaviour than Niskanen's original formulation of a perfect discriminating bureaucracy. In a bilateral monopoly model, in no case the type of relationship which holds between the sponsor and the bureau leads to an oversupply of output. Should an excess output occur, it would be a consequence of the political decision-making mechanisms. This result stands in sharp contrast to the Niskanen's model, but, at the same time, it is coherent with the fact that, when the sponsor introduces control and monitoring mechanisms, the sponsor does not pretend to decrease the output but rather to supervise and to reduce the costs of producing the output.     

The Politics of Negotiating with Gangs. The Case of El Salvador

This paper explores the dynamics of negotiations between the Salvadoran government and the street gangs, called maras. The paper argues that state negotiations with criminal groups can occur when organized crime is a significant part of the social and political order. This tacit order allows a great deal of coordination between and within criminal organizations and the focus of negotiations from the state's point of view is limited to the management of violence, not the dismantling of gangs' territorial control. This article draws on seventeen in‐depth interviews with middle‐level gang leaders, government officials, and participants of the truce negotiations from 2012 to 2016; it also relies on public information published by Salvadoran journalists and government sources about the truce.     

The Marquises of Viana: building distinction through the past (1875-1927)

In turn-of-the-century Spain, Teobaldo and José de Saavedra embodied an understanding of an aristocracy with one foot in the past and the other in the present. As holders of a recently created marquisate, their lifestyle exemplified the challenge faced by aristocrats who adopted practices and customs that were alien to them, whilst seeking to preserve elements of distinction they considered inalienable, such as dynastic history and dense family networks. The aim of this paper is to study the process of building aristocratic notability from a non-patrician origin. To this end, the profiles of the first and second Marquises of Viana are explored, paying special attention to their financial situation, social relations – particularly at Court – and a lifestyle steeped in their modern context. A key theme is their attention to art as a symbol of distinction, conceived as an instrument to leverage them to the position of the social elite of which they were becoming members. At the same time, the Marquises of Viana’s careers also reveal clear connections with Europe’s elite as they sought an exclusivity that would set them apart as a social group in a turbulent world.     

Political ontology,constituent power,and representation

In this piece, I discuss some aspects of the tension between democracy and constitutionalism in light of Pettit’s attempt to think popular control of government by way of a mixed constitution and the introduction of an alternative concept of representation.     

The strategic use of dismissal legislation: an empirical analysis using Spanish data

In this paper, we analyse empirically how the legal framework affects the relationship between labour market conditions and dismissals. We use a pseudo-panel of Spanish data from 1987 to 2001. We find that Labour Law reforms have effects on the use of individual and collective dismissals although such effects are much lower than those related to the business cycle. The results also show a strategic use of the different types of dismissals, distorting the work of those institutions involved in dismissals.