European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications - co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening "on the ground" at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

严厉的法律 举步维艰的网络产业——对《侵权责任法》第36条的质疑

从网络服务提供者的服务类型及其责任限制与反限制的基本理论来看,《侵权责任法》第36条无视网络服务提供者服务的类型,一刀切地规定网络服务提供者承担连带责任,势必加大网络服务提供者的责任,打击网络服务的积极性;无视国内外立法关于网络服务提供者侵权责任限制规则——避风港规则的规定,简单化处理网络侵权纠纷。随着《侵权责任法》的实施,将造成与《信息网络传播权保护条例》相冲突,使《信息网络传播权保护条例》的合理规定无法适用等。因此,建议删除《侵权责任法》第36条第2、3款,保留第1款,并补充一句：＂其他法律法规有规定的除外＂;或者删除第36条的规定,将网络侵权责任作为专门一节,整合《信息网络传播权保护条例》的有关规定,完善网络服务提供者侵权责任。     

赖昌星“难民”案的法律分析

赖昌星携家人潜逃加拿大后,向加拿大移民部提出了"难民"申请,由于加拿大难民制度完善而复杂,该案也一波三折。本文就赖昌星"难民"案所涉及的加拿大难民法律制度、该案争讼的焦点和该案目前的进展与前景做了简要介绍和分析。     

Using the Citizen to Bring the Refugee In: Gerardo Ruiz Zambrano v Office national de l'emploi (ONEM)

The decision of the CJEU in Zambrano was seen as another example of an over‐active judiciary in Luxembourg. This comment suggests, on the contrary, that the case has too little reasoning to open any ‘floodgates’ but that in setting out a new logic for EU citizenship, the Opinion offers an approach which limits the global approach to free movement case law and uses citizenship status to include rather than exclude the refugee.     

The Baltic Question in West German Politics, 1949–90

While previous research by international lawyers has emphasized Bonn's value-neutral legalistic approach to the Baltic question from 1949 to 1990, this article–based on documents from the German Foreign Ministry archives–shows that the West Germans saw the Baltic issue as a political problem that interfered with their highest national aim: German unification. It addresses the following questions: first, why Bonn never made an official announcement of, and never publicly gave a justification for, its stance on the Baltic question; and second, why Bonn granted Baltic refugees the same rights that it offered other Heimat-less foreigners, whereas the remnants of Baltic diplomatic services or self-proclaimed exile governments found no official recognition in Germany. Finally, it comments on the role of the so-called German Balts in West German politics, and in Bonn's Baltic policies specifically.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

On the Media Effects of Immigration and Refugee Board Hearings via Videoconference

Canada's Immigration and Refugee Board conducts some of itsrefugee hearings via videoconferencing. As part of a reviewof the fairness of this practice, a theoretical approach andreview of the empirical literature was commissioned. Particularlyunder ‘high stakes’ conditions, it was found thatvideoconferencing reduces mutual trust and understanding, exacerbatescultural differences in non-verbal communication, and increasesthe propensity to lie while decreasing the ability to detectfalsehoods. Further, the inherent power imbalance between thetribunal and the claimant is widened as the tribunal membersbecome acclimatized to the technology. In general, the differencein sensory perception of a mediating technology creates cognitivedifferences between mediated and non-mediated environments.Further, sensory perception that feeds narrative constructionvaries by culture. The process of conveying and understandingmeaning across cultures is sufficiently difficult; adding thecomplexity of videoconference mediation introduces the possibilityof inconsistency, inaccuracy, and altered judgement.     

Frontier Justice: Legal Aid and UNHCR Refugee Status Determination in Egypt

Where UNHCR conducts refugee status determination (RSD), itsreactions to legal aid for asylum-seekers have been mixed. Statisticalevidence collected from Egypt in 2002 indicates a correlationbetween receiving some form of legal aid service and an asylum-seeker'sincreased chances of gaining refugee protection from UNHCR.Unconventional forms of legal aid, including limited servicesby supervised non-lawyers (including volunteers from the refugeecommunity) showed a positive impact on first instance cases,while traditional legal aid models showed an impact at the appealstage. Legal aid should form an essential part of UNHCR's RSDprocedures, and NGOs should work to expand both traditionaland innovative forms of legal aid for asylum-seekers.     

Justice in Health Care Decision-Making: Patients’ Appraisals of Health Care Providers and Health Plan Representatives

This study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients interactions with their providers (HCJI-P) and the other focuses on patients interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation. Both the Provider and Health Plan scales assess indices that are relatively independent of patients demographic characteristics. In addition, patients appraisals of their interactions with their provider were only moderately related to their appraisals of their interactions with representatives of their health plan, indicating that the Provider and Health Plan scales tap distinct aspects of patients overall experience with the health care system. Overall, procedural justice dimensions were significantly related to patient satisfaction in both the Provider and the Health Plan contexts. As predicted, procedural justice factors were more strongly tied to patient satisfaction in the Provider than in the Health Plan context, and health care decisions based on distributive justice principles of Need (rather than Equity or Equality) were most closely tied to patient satisfaction in both contexts.     

Cross-national convergence in times of crisis? Integration policies before,during and after the refugee crisis

This article analyses if, how and why Scandinavian integration policies converged as a result of the refugee crisis in 2015, studying policies of permanent residence, citizenship, family reunification and access to social benefits. The analysis of policy processes finds that a logic of regulatory competition led to goal convergence, as all three countries explicitly adapted their policies relative to other countries’ policies. Nonetheless, when comparing the configuration of policy instruments and their settings, the cross-national gap persists as all three countries took restrictive steps, thus showing traits of path dependency. The conclusion discusses a severe challenge in the current policy convergence debate in the integration literature: how an insufficient level of precision (1) concerning different dimensions of the policies and (2) concerning how to assess convergence could lead to inaccurate and even opposite conclusions when interpreting empirical analyses.