Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Analysis on the Quantity of Offence of "Fraud Loan"

“Fraud Loan” is a new criminal phenomenon that started to appear recently. Its basic form is fraud, but more than ten types of crimes such as provocation, forced trading, extortion, robbery or kidnapping may be committed just because of the diversity of ways of obtaining property. To identify the number of crimes convicted by “Fraud Loan”, three principles should be adhered to. Firstly, all acts of the perpetrators should be evaluated comprehensively so as to maximize the protection of legal interests. Secondly, it is necessary to prohibit repeated evaluation to protect the human rights of the accused. Thirdly, we should make an overall evaluation to conform to the cognitive regulation. When the act of purpose and means of the perpetrators violate different crimes respectively, the heavier one should be chosen. Those who directly “claim debt” through violence, coercion, kidnapping, etc., are escalated into serious crimes such as robbery and kidnapping. If perpetrators violate other legal interests of the victim in addition to the crime of property, they will also be punished for multiple crimes.     

Anti-Apartheid Solidarity Networks and the Production of Come Back,Africa

In 1957, American filmmaker Lionel Rogosin arrived in Cape Town, South Africa, determined to make a film about apartheid. “Anti-apartheid Solidarity Networks and the Production of Come Back, Africa” discusses the film’s historical and cultural significance, and— a topic which deserves more attention— the film’s production. The article examines the interconnected and international nature of early anti-apartheid activism. International movements against apartheid may have been relatively small between 1957 and up until March of 1960, but Come Back Africa’s production shows that anti-apartheid activists and artists were becoming increasingly connected in a transnational web spanning the Atlantic with hubs in South Africa, Europe, and the United States. In the case of Come Back, Africa, relationships forged between Rogosin, black South African artists-activists (such as Lewis Nkosi, William “Bloke” Modisane, and Miriam Makeba) and white liberal anti-apartheid activists (including Father Trevor Huddleston, Reverend Michael Scott, and Mary Benson) proved mutually beneficial.     

中国梦视角下大学生有效政治参与的途径研究

大学生有效政治参与是我国公民政治参与的重要组成部分,对实现中国梦具有重要意义。当前我国大学生有效政治参与仍存在不平衡性、实用主义等现实问题,通过发挥国家调控、学校引领、个人自律等方面的力量,解决大学生有效政治参与存在的现实问题,为实现中国梦尽一份力。     

Politicians in Television

ABSTRACT

Television viewers, journalists and social influence analysts often use the term “television character” or “media-savvy person” when referring to people (also to politicians) who draw the viewers' attention and interest (Reeves, Naas, 2000). The purpose of the research presented herein is to answer two questions: (1) what are the differences in social perception of five main personality dimensions (“the Big Five”: agreeableness, conscientiousness, extraversion, neuroticism, and openness to experience [intellect]) of media-savvy politicians and those considered to belong to the non-media-savvy type; and (2) how traits attributed to media-savvy and media-un-savvy politicians remain connected with the viewers' political self-identification. A hundred journalism students, using an adjective list for “the Big Five” diagnosis (five dimensions of personality), were to identify their political beliefs as right wing, mixed, or left wing and to describe a politician they considered to be the most media-savvy and the least media-savvy person. Results indicate that media-avvy politicians are perceived to be more extrovert (dynamic), more open to experience, and more conscientious than their media-un-savvy counterparts; participants' (viewers') political beliefs reflect the importance of openness and conciliation in perception of media-savvy and non-media-savvy politicians.     

Issues in teaching terrorism as cultural artefact

From a humanities course on terrorism that focuses on how terrorist ideology and acts are transformed into cultural artefacts, several pedagogical–theoretical issues have emerged: the incongruity of viewing terrorist violence as art; 9/11 as an ahistorical event; the impossibility of defining terrorism; the infiltration (trivialisation?) of terrorism into popular culture; subgenres of terrorist works, each with its own paradigm; and the iconoclastic potential of many terrorist texts and films. These issues have implications for the curricular design of terrorism courses and for the role of instructors – in academia and in the larger community.     

Redfearn v UK: Political Association and Dismissal

In Redfearn v UK the European Court of Human Rights examined the question whether dismissal for membership of a political party is compatible with freedom of association under Article 11 of the European Convention on Human Rights. The Court endorsed a strong commitment to multi‐party democracy and protection of employees against the domination of the employers. This note discusses the judgment and its implications for UK law, looking at three key issues: first, whether the law of unfair dismissal provides effective protection against action that poses a threat to the enjoyment of Convention rights; second, the grounds under which an employer may justify the lawfulness of a dismissal that interferes with a Convention right; third, the available remedies against the employer when there is a breach of a Convention right.     

Nation,national remembrance,and education – Polish schools as factories of nationalism and prejudice

This article describes and attempts to explain the reasons for the conservative and nationalist character of Polish schools. The author uses data from surveys, analyzes political programs, postulates concerning education put forward by conservatives, and quotes poems emphasizing national identity from textbooks used at schools to teach reading skills. According to the author, it can be observed that nationalists build an atmosphere of aversion to immigrants, which affects racism in the school hallways. The article also presents the phenomenon of so-called school chambers of national remembrance, which are part of patriotic rituals practiced by Polish society. The author emphasizes that nationalism is the basis for changes in history programs of study, which are part of the educational reform implemented by the Law and Justice (Prawo i Sprawiedliwo?? – PiS) government. The cultural soft power, which is used to make reality more “national,” complements the administrative and political hard power of the PiS party – both tools are used to create an authoritarian-nationalist vision of social order.     

Does terrorism create terror?

The conceptual and etymological meaning of the terms ‘terror’ and ‘terrorism’ is so closely connected that it seems difficult to distinguish the one from the other. However, by comparing the idea that terrorism inevitably creates terror with the results of recent empirical studies of the psychological effects of terrorist attacks, four different points of view emerge corresponding to four distinct interpretations of the results. It is thus clearly necessary to redefine the terminology relating to terrorism, in order to conduct the discussion on a more rigorous basis.