Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

This article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street‐level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross‐border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street‐level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street‐level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.     

RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Families struggling with a breakdown in communication, trying to control the behavior of an unruly child, or experiencing a crisis often look for outside help. Many families, particularly those without resources to pay for private support, turn to their local status offense system. Status offenders are young people charged with behavior unique to their status as juveniles such as running away, truancy, or disobedience. In 2007, Congress will begin to consider reauthorization of the Juvenile Justice Delinquency Prevention Act (JJDPA), the federal act related to status‐offender policy. By providing an overview of recent state status‐offense legislation and case law, this article identifies issues to be addressed by Congress in reauthorizing the JJDPA.     

The ECJ eases the way for comparative advertisers

The ECJ reiterates its support for the comparative advertiserby indicating that common sense is needed to comply with theMisleading Advertising and Comparative Advertising Directive(Directive 97/55).     

A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

CHILD SUPPORT IN THE UNITED STATES

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chilďs other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.     

Characteristics of adolescent incest sexual perpetrators: Preliminary findings

Adolescent incest sexual perpetrators seen at an out-patient clinic were interviewed regarding demographic characteristics and occurrence of deviant and nondeviant sexual behaviors. Results indicate that subjects (1) committed more sexual crimes than they had been arrested for, (2) reported a very early onset of sexual behavior, (3) had additional DSM-III psychiatric disorders, and (4) reported previous sexual victimization. Recommendations for future research are made.     

Confronting Islamist Insurgencies in Africa: The Case of the Islamic State in Mozambique

The proliferation of Salafi-jihadi insurgencies across Africa challenges the United States’ counterterrorism approach. From its inception, the insurgency in Cabo Delgado, Mozambique was driven by local and foreign dynamics, which have been complicated by additional external intervention in the conflict. Using the Cabo Delgado insurgency, we demonstrate how efforts to address its global dimensions, such as the group's affiliation with the Islamic State, can work against attempts to mitigate its local drivers. We conclude with recommendations for a more effective U.S. response that takes both the local and global dynamics into account. This article builds on our February 2021 report “Combating the Islamic State's Spread in Africa: Assessment and Recommendations for Mozambique,” published by the American Enterprise Institute.     

Administrative Discretion and Active Representation: An Expansion of the Theory of Representative Bureaucracy

Recent studies of the theory of representative bureaucracy have focused on active representation, whereby administrators in public organizations work to advance the interests of particular groups, achieving policy outcomes that directly address the needs of those groups. The concept of administrative discretion is central to these studies, as an administrator must have the discretion to produce results that reflect the values and beliefs of these groups. While the presence of discretion is often implied in these studies, few have examined it explicitly. Using data from the Farmer's Home Administration, we explore whether administrators who perceive themselves as having more discretion enact policy outcomes that are more representative of minority interests. The results strongly support the conclusion that administrators who perceive themselves as possessing significant discretion and who assume the role of minority representative in their agencies are more likely to enact policy outcomes that favor minority interests.     

International Organizations in Transfer of Infectious Diseases: Iterative Loops of Adoption, Adaptation, and Marketing

Over the past few years increasing attention has been given to the role of international organizations in the diffusion of policy ideas and promotion of particular macro-level policies. Much of the attention has been on the ideological driving forces behind such policies, and on the extent to which the policies are externally imposed. There has been limited discussion on the bread-and-butter, technical policies of international organizations, and how they devise, adopt, adapt, and then promote what come to be seen as policies of global "best practice." This paper seeks to redress this gap by looking at the process of transfer of two infectious disease policies between international and national levels. It demonstrates that international organizations play different roles in policy transfer at particular stages in the process. The paper suggests that health policy transfer is a long adaptive process, made up of several iterative loops, as research and clinical practices developed in one or more countries are adopted, adapted, and taken up by international organizations which then mobilize support for particular policies, market, and promote them. Assumptions that new ideas about policies flow "rationally" into existing decision making are challenged by the processes analyzed here. Policy transfer, given the experience of these infectious diseases policies, goes through separate, "bottom-up," research-oriented, and "top-down" marketing-oriented loops. Individuals and different configurations of networks play key roles linking these loops. In the process, complex, context-specific policies are repackaged into simplified guidelines for global best practice, leading to considerable contestation within the policy networks.