From Armed Neutrality to External Dependence: Swiss Security in the 21st Century

Abstract: Historically, Swiss identity was founded on beliefs in federalism, direct democracy and armed neutrality. Given continued popular support for autonomous self‐defense in an era of transnational threats, it is worth examining whether a small economically interdependent state, such as Switzerland, is single‐handedly capable of providing for its own security. To preview our conclusions, every facet of Switzerland’s security, whether against military threats, terrorism or natural disasters, today benefits from substantial international inputs. At base, Switzerland’s increasing security dependence has been driven by the following dynamics: 1) the general development of institutionalized international cooperation; 2) the evolving nature of the threats Switzerland faces; and 3) political efforts to “securitize” issues not hitherto considered as security problems. Because Swiss security dependence owes more to broad structural factors than deliberate choices, policymakers would be better off embracing this reality by proactively using international organizations to address transnational challenges.     

Predicting discharge in forensic psychiatry: the legal and psychosocial factors associated with long and short stays in forensic psychiatric hospitals

In Germany, both the number of patients treated in forensic psychiatric hospitals and the average inpatient treatment period have been increasing for over thirty years. Biographical and clinical factors, e.g., the number of prior offences, type of offence, and psychiatric diagnosis, count among the factors that influence the treatment duration and the likelihood of discharge. The aims of the current study were threefold: (1) to provide an estimate of the German forensic psychiatric patient population with a low likelihood of discharge, (2) to replicate a set of personal variables that predict a relatively high, as opposed to a low, likelihood of discharge from forensic psychiatric hospitals, and (3) to describe a group of other factors that are likely to add to the existing body of knowledge. Based on a sample of 899 patients, we applied a battery of primarily biographical and other personal variables to two subgroups of patients. The first subgroup of patients had been treated in a forensic psychiatric hospital according to section 63 of the German legal code for at least ten years (long-stay patients, n=137), whereas the second subgroup had been released after a maximum treatment period of four years (short-stay patients, n=67). The resulting logistic regression model had a high goodness of fit, with more than 85% of the patients correctly classified into the groups. In accordance with earlier studies, we found a series of personal variables, including age at first admission and type of offence, to be predictive of a short or long-stay. Other findings, such as the high number of immigrants among the short-stay patients and the significance of a patient's work time before admission to a forensic psychiatric hospital, are more clearly represented than has been observed in previous research.     

Analysis with the Combur-Test--special aspects in forensic trace examination

The Combur Test is a ready-made and easy-to-use pretest for blood. It is based on the oxidation of tetramethylbenzidine (TMB), which is catalysed by haemoglobin and its derivatives. Despite its high sensitivity, there are many known substances which are responsible for false positive and false negative test results. On the basis of experiments of our own, case reports and the pertinent literature special aspects of the application of the Combur Test in the forensic routine case work are discussed.     

Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co-regulation, and legally enforced self-regulation really make regulation more effective. Using the analytical framework of the “really responsive regulation” approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard-setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing “regulatory care” through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well.     

Folgerungen aus dem Lissabonurteil des Bundesverfassungsgerichts

Das Lissabonurteil des deutschen Bundesverfassungsgerichts hat gro?e Aufmerksamkeit erzeugt, die keineswegs auf Deutschland beschr?nkt blieb. Der vorliegende Beitrag geht der Frage nach, ob die vom Bundesverfassungsgericht gezogenen Schlussfolgerungen auch die Rechtslage in ?sterreich tangieren. Insbesondere stellt sich die Frage, ob eine allf?llige Gesamt?nderung der Bundesverfassung durch den Vertrag von Lissabon neu zu diskutieren w?re. Schlie?lich behandelt der Beitrag auch die Frage, ob der Vertrag von Lissabon zwingend eine ?nderung der parlamentarischen Mitwirkungsrechte in ?sterreich erfordert.