EU update

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links     

Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

Technocratic attitudes and voting behaviour ten years after the Eurozone crisis: Evidence from the 2019 EP elections

The onset of the Great Recession raised the profile of technocracy, or government by experts, as a contrasting model to democracy. Yet, there is little research on how attitudes towards technocracy may impact European citizens' political behaviour. Moreover, the consistency of technocracy supporters' political attitudes, especially towards the EU, is questionable. This paper uses new survey panel data collected before and after the European parliament elections in May 2019 in six countries (Belgium, Germany, Greece, Ireland, Portugal and Spain). We investigate how citizens’ technocratic attitudes affect their voting behaviour in the European elections. We find evidence that citizens with technocratic attitudes are less likely to support mainstream parties, and tend to either abstain or, if they vote, to give their vote to anti-system parties, especially from the populist right. In addition, by distinguishing technocracy supporters according to their partisanship, we conclude that technocracy is a thin ideology that can be combined with different patterns of political support: while many technocracy supporters have no party identification or support non-mainstream parties and show dissatisfaction with democracy and the EU, another subgroup of technocracy supporters identifies with a mainstream political party and show above average political support and support for the EU.     

An unjustified bad reputation? The Dark Triad and support for populism

While research concludes that populist leaders stand out for their “dark” personalities, studies on the psychological underpinnings of citizens’ populist attitudes are scant and inconclusive, with some agreement on the association between disagreeableness and populist attitudes. By bringing the Dark Triad personality traits of narcissism, psychopathy, and Machiavellianism into the picture, we aim to answer whether populist citizens -like populist leaders-score higher in this dark traits, and whether the addition of the Dark Triad helps to better understanding the populist personality. Using an online Spanish sample, our analyses find that using the Dark Triad does indeed add to our understanding of populist attitudes. In opposition to widespread intuitions about the character of populists, we find that psychopathy and Machiavellianism are negatively associated with support for populism, with only narcissism being positively related to the people-centric dimension of populist attitudes.     

Elite-public interaction on twitter: EU issue expansion in the campaign

Why do some issues receive more interest from the public, while others do not? This paper develops a theoretical and empirical approach that explains the degree to which issues expand from the elite to the public. We examine how candidates in the 2014 European Parliament elections talked about EU issues, in comparison to other political issues. We rely on data collected from Twitter and use a combination of human coding and machine learning to analyse what facilitates interactions from the public. We find that most political actors did not try to engage with the public about EU issues, and lack of engagement results in less interactions from the general public. Our findings contribute to understanding why EU issues still play a secondary role in European politics, but at the same time highlight what low-cost communicational tools might be useful to overcome this expansion deficit.     

Redistribution in a political union: The case of the EU

A key function of centralized budgets in federal and political unions is to act as an equalizing mechanism to support economic and social cohesion. This is also the case with the European Union's (EU) budget, which operates as a redistributive mechanism that counteracts the cross-national and cross-regional inequalities created by the single market. Despite the limits on cross-national redistribution imposed by a centrifugal system of representation, the net fiscal position of member states – what they pay to the EU budget minus what they receive from it – is very diverse and has changed quite remarkably over the last decades. In this paper, we investigate how and why the net fiscal position of each member state toward the rest of the EU changes over time. We develop a novel panel dataset (1979–2014) to study how key national and EU-level political and economic variables affect the EU redistributive dynamics. We find that redistribution via the EU budget primarily targets developments in inequality within EU member states, and that an increase in domestic unemployment may also improve the country's fiscal balance. Moreover, we find that voting power in the Council is unrelated to a more positive fiscal balance. However, we find that governments with a centre-right profile are in general more successful in improving their redistributive position vis-à-vis the other member states. This may create a problem of budgetary ‘rent extraction’.     

College education,major, or criminology classes? An examination of what drives students’ level of punitiveness

This study examines the level of punitiveness of criminology and criminal justice (CRIM) majors and non-majors. In particular, undergraduate students from a mid-western university situated in a rural area were surveyed to determine if college education, major, or exposure to CRIM classes impacts their punitive attitudes towards offenders. Regression analyses suggest that it is not the number of CRIM classes or the liberalization effect of college but the major that best predicts the level of punitiveness. Results also indicate that predictors of punitiveness differ between CRIM majors and non-CRIM majors. Implications of these findings are discussed.     

Support for Harsh Criminal Sanctions and Criminal Justice Beliefs: A Social Dominance Perspective

Much of the criminal justice literature indicates that people’s support for harsh criminal sanctions such as the death penalty is strongly related to their beliefs about deterrence and their beliefs about retribution. In this paper, using social dominance theory as our organizing framework, we expand upon this literature by showing that social dominance orientation (SDO) is also related to support for harsh criminal sanctions, as well as to deterrence and retribution beliefs. In addition, we show that the relationships between SDO, on the one hand, and support for various forms of severe criminal sanctions, on the other, are mediated by deterrence and retribution beliefs.

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

欧盟认同与欧盟制度建设:一个互构进程

超国家制度的建设在欧洲一体化进程中是最引人注目的方面。然而随着一体化的深入拓展,欧洲认同的建构问题也变得重要起来。两者逐渐形成了一种相辅相成、相互促进的关系。欧盟的制度结构对欧盟成员的认同具有建构作用,但是这并非一种单向的关系,由于自身的国内政治条件成员国及其民众对此产生的回应同样影响了欧盟的制度建设过程。