Gender as catalyst for violence against Roma in contemporary Italy

ABSTRACT

Silvio Berlusconi's use of ethnicity and immigration as national security issues in his successful campaign for election to the Italian presidency in 2008 was by no means unique in contemporary Europe. What was surprising was the speed of his right-wing government's legislative restriction of migrants in the form of the so-called ‘security package’, first introduced just five weeks after the election. Woodcock explores the striking fact that this ‘security package’, and the intense wave of racist violence by Italians against Roma that it legitimized and encouraged, was proposed and justified in response to media reports of Italian babies being stolen by ‘Zingari’ from the ‘nomad camps’ and of Italian women being raped and beaten by Romanian men of ‘Zingari’ ethnicity. Gender and ethnicity are the twin constitutive discourses of modern European society, and racialized subjects are necessarily gendered. The stereotype of ‘dangerous black men sexually threatening white women’ has been mobilized in a vast range of European and colonial nationalist projects in order to justify the policing of both racialized masculine subjects and women as objects of the patriarchy. Similarly, the depiction of women as hysterical, sexually vulnerable objects in need of (white) masculine protection is an old story that the Italian media recognize as a fairy tale even as they reproduce the discourse. Woodcock explores what has not been mentioned thus far, namely, that gender stereotypes are vital to the mobilization of violent racism against the Roma in contemporary Italy, and how conservative gender binaries are strengthened and policed in a time of social crisis through the stereotyping of Roma as racial threat.     

The Shale Gas Revolution: U.S. and EU Policy and Research Agendas

The “shale gas revolution” raises a host of questions for policy makers and researchers on both sides of the Atlantic. We provide a brief overview of the regulatory environment as it relates to hydraulic fracturing for natural gas in the United States and the European Union. We then pose a set of open questions, which we believe should shape policy and research agendas surrounding shale gas wherever the development of this resource is being pursued or considered.     

A Behavioural Understanding of Privacy and its Implications for Privacy Law

This article draws upon social interaction theory (the work of Irwin Altman) to develop a theory of the right to privacy, which reflects the way that privacy is experienced. This theory states that the right to privacy is a right to respect for barriers, and that an invasion of privacy occurs when a privacy barrier is penetrated. The first part of the paper establishes the position of the author's theory in the existing scholarship. The second part of the paper expands upon the theory to explain the nature of privacy barriers and the way that the author's theory manages a number of specific privacy issues, including threats to privacy, attempted invasions of privacy, unforeseeable interferences with privacy and waiving the right to privacy. The final part of the paper demonstrates the impact that this approach to privacy could have upon judicial reasoning, in particular Article 8 European Convention on Human Rights.     

The ITS Directive: More than a timeframe with privacy concerns and a means for access to public data for digital road maps?

Roads are ever more congested, pollution keeps rising and traffic-related deaths remain at unacceptable levels. It is clear that society’s needs with regard to transportation and mobility have become unsustainable. Intelligent Transport Systems (ITS) are often heralded as a potential solution to this problem, yet have still to yield tangible results. The EU has, however, adopted the ITS Directive, aiming for an EU-wide implementation of ITS solutions. Three questions are raised. First, can the ITS Directive really provide for the required substantial provisions in this field? Second, as ITS solutions are often deemed to be pervasive and intrusive, how does the ITS Directive interact with the EU legal framework on privacy and data protection? Third, given the involvement of private commercial entities in the field of providing road, traffic and travel data, can a public–private partnership be found to allow for the re-use of both public and private sector data in ITS solutions?     

Retired EU migrants,healthcare rights and European social citizenship

Drawing on a set of 210 qualitative interviews conducted in six European countries, this paper investigates the citizenship status and experiences of retired EU migrants at both national and European levels. The paper focuses upon the experiences of two types of respondents: 'Retired Migrants' (retired nationals of one EU country who moved on retirement and reside in another EU host state) and 'Returnees', that is, those migrants who have chosen to return to their country of origin after a period of residence abroad. In particular, this paper will attempt to explore three issues: (a) The extent to which retired migrants have access to, and make use of, the public healthcare systems of the countries in which they reside. (b) Retired migrants' perceptions and experiences of those systems. (c)Whether or not a lack of access to and/or the quality of public healthcare is an important determinant of return migration decisions, i.e. moves back to the country of origin. By focusing on healthcare the paper combines an analysis of the formal welfare rights available to EU citizens who migrate on retirement (both in terms of their EU rights and their status in the receiving and exporting countries) with qualitative evidence that documents the substantive reality of such rights.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills 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 complement 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.     

Blockchain and law: Incompatible codes?

Blockchain has recently joined a long line of technological innovations that have been characterised as disruptive to, and possibly even subversive of, fundamental legal principles. This article looks behind the hype to examine how blockchain might – or might not – be compatible with established legal and regulatory models. Data protection is discussed as an example of an area of law that some have claimed cannot be reconciled with blockchain. Various other conflicts are also identified and concerns about blockchain are placed in the context of wider historical debates about new technologies vs law.     

Banking in the cloud: Part 1 – banks' use of cloud services

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector.Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.     

The Child in European Human Rights Law

This article examines the category of ‘the child’ in European human rights law, based on an analysis of the child‐related jurisprudence of the European Court of Human Rights. It argues that a full account of legal selfhood is constructed through the notion of ‘the child’ in this jurisprudence. The two notions – of ‘the child’ and ‘the self’ – are, from the outset, mutually dependent. The conceptualisation of ‘the child’ in human rights law is underpinned by an account of the self as originating in another and childhood is cast as enabling self‐understanding by making possible the formation of a narrative about the self. The vision of ‘the self’ that emerges is one of ‘the narrative self’, and I assess the implications of this both for the idea of childhood in which this narrative originates and for the vision of the human condition that is expressed in European human rights law more broadly.     

Evidence-informed or value-based? exploring the scrutiny of legislation in the UK Parliament

This article argues that three types of factor – process, subject and political circumstance – are likely to affect the extent to which claims of evidence are made during legislative scrutiny. It draws upon case studies of the National Minimum Wage Act 1998, the Academies Act 2010 and the Welfare Reform and Work Act 2016, utilising interviews with those involved and information from Hansard. The article concludes that these cases highlight that while there might be potential benefits from a yet more robust legislative scrutiny process, including greater use of pre-legislative scrutiny and the ability of public bill committees to take evidence from a wider range of witnesses and on all bills, subject and political factors would be likely to mean that the use of claims of evidence would continue to vary widely.