A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

Crime, Law and Social Change - As many scholars have shown, and other than what is suggested by their legal definition, migrant smuggling and human trafficking are not always easily distinguishable...     

National Constitutional Courts,the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape

This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart(s) on fundamental rights issues.     

Marianne’s liberty in jeopardy? A French analysis on recent counterterrorism legal developments

ABSTRACT

This article analyses two recent French counterterrorist legislations (Law No. 2016–386 – hereafter OCT&F law and the Law No 2017–1510 – hereafter the OCT&Flaw) through the lens of distinct yet complementary theoretical frameworks. Combining the State of Exception thesis of Giorgio Agamben, the Enemy Penology as framed by Günther Jakobs as well as the more recent scholarship contributions on Pre-Crime, the article seeks to contribute to the scholarly debate on the use and the consequences of the use of criminal and administrative law in the fight against terrorism. In view of the numerous terrorist attacks that France has faced in recent years, the article aims to provide deeper knowledge of the French case by drawing substantially from the unfamiliar French scholarship. The article argues that the measures recently adopted seem to deepen the exceptional and pre-emptive logic in which potentially dangerous subjects have to be identified as “the enemy” as soon as possible in order to then be contained and dealt with.     

Role of budget impact in drug reimbursement decisions

There are three known criteria that underlie drug reimbursement decisions: therapeutic value, cost-effectiveness, and burden of disease. However, evidence from recent reimbursement decisions in several jurisdictions points to residual, unexplained variables, among which is budget impact. Budget impact refers to the total costs that drug reimbursement and use entail with respect to one part of the health care system, pharmaceutical care, or to the entire health care system, taking into account the possible reallocation of resources across budgets or sectors of the health care system. The economic and equity rationale for carrying out budget impact analyses is opportunity cost, or benefits forgone, measured in terms of utility or equitable distribution, by using resources in one way rather than another. In other words, by choosing to draw down the budget in one way, decision makers forgo other opportunities to use the same resources. Under a set of unrealistic assumptions, cost-effectiveness analysis accounts for opportunity cost while conveying to the decision maker the price of maximizing health gains, subject to a budget or resource constraint. However, the underlying assumptions are implausible, particularly in the context of pharmaceutical care. Moreover, budget impact analysis is more useful to the decision maker than cost-effectiveness analysis if the objective is not to maximize health gains subject to a budget or resource constraint, but to reduce variance in health gains. With respect to equitable distribution, budget impact analyses lay bare the individuals or groups who lose out - those who bear the opportunity cost of spending resources in accordance with one decision rule rather than another.