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Article

Performing the COVID-19 Crisis in Flemish Populist Radical-Right Discourse

A Case Study of Vlaams Belang’s Coronablunderboek

Journal Politics of the Low Countries, Issue 2 2021
Keywords populism, COVID-19, crisis, discourse
Authors Jens Meijen
AbstractAuthor's information

    In June 2020, the Flemish populist radical right party Vlaams Belang (VB) published the Corona Blunder Book (CBB; Coronablunderboek in Dutch), detailing the government’s mistakes in handling the COVID-19 crisis. Populist parties can ‘perform’ crisis by emphasising the mistakes made by opponents (Moffitt, 2015) and may use a specifically populist discursive style, consisting largely of aggressive and sarcastic language (Brubaker, 2017). This paper takes the CBB as a case study in the populist performance of crisis and the populist style, finding that the book is, first, a clear example of populist ‘everyman’ stylistics and the performance of crisis, and, second, that VB uses the book to shift the COVID-19 crisis from a public health crisis to a crisis of governance, seeking to blame Belgium’s federal structure for the government’s alleged mismanagement of the COVID-19 pandemic and hence arguing for Flemish independence, one of the party’s main agenda points.


Jens Meijen
Jens Meijen is a PhD candidate at Leuven International and European Studies (LINES) at KU Leuven. His research focuses on nationalism, populism, and diplomacy.
Article

The Praise for a ‘Caretaker’ Leader

Gendered Press Coverage of Prime Minister Sophie Wilmès in a COVID-19 Context

Journal Politics of the Low Countries, Issue 2 2021
Keywords political leadership, crisis, care, Belgium, gendered media coverage
Authors Clémence Deswert
AbstractAuthor's information

    Studies on media coverage of women politicians have underlined how the media contribute to the association of the figure of the political leader with masculinity. Yet, the social construction of leadership seems to evolve towards a more ‘femininity-inclusive’ definition. Research on the ‘glass cliff’ phenomenon suggests that stereotypical feminine attributes might be expected from political leaders in a time of crisis. We investigated the gendered construction of political leadership in the press in a COVID-19 context through the case of former Belgian Prime minister Sophie Wilmès. In line with the ‘think crisis-think female’ association, our discourse analysis shows an appreciation of traditionally feminine traits, and particularly care-related qualities, in the evaluation of what a ‘good’ leader should be in pandemic times, although some characteristics traditionally associated with masculinity are still considered valuable assets in the journalistic portrayal of Wilmès’ leadership.


Clémence Deswert
Clémence Deswert is a PhD candidate at the Political Science Department of the Université libre de Bruxelles (ULB). Her research interests include political communication and political representation of women. Declaration of interests: I confirm that this article was not submitted to or publicised in another journal. No conflict of interest exists.
PhD Review

Allied Against Austerity Transnational Cooperation in European Anti-Austerity Movement

PhD by Bernd Bonfert (Radboud University Nijmegen), supervisors: Angela Wigger & Laura Horn

Journal Politics of the Low Countries, Issue 2 2021
Authors Mònica Clua-Losada
Author's information

Mònica Clua-Losada
Dr. Mònica Clua-Losada is Full Professor at the Department of Political Science of The University of Texas Rio Grande Valley. She is editor-in-chief of the journal Global Political Economy.
Article

Access_open The Resilience of Democracy in the Midst of the COVID-19 Pandemic

Democratic Compensators in Belgium, the Netherlands and France

Journal Politics of the Low Countries, Issue 2 2021
Keywords COVID-19, crisis-management, democratic compensators, exceptionalism
Authors Tom Massart, Thijs Vos, Clara Egger e.a.
AbstractAuthor's information

    Since January 2020, European countries have implemented a wide range of restrictions to contain the COVID-19 pandemic. Yet governments have also implemented democratic compensators in order to offset the negative impacts of restrictions. This article aims to account for the variation of their use between Belgium, the Netherlands and France. We analyse three drivers: the strength of counterpowers, the ruling parties’ ideological leanings and political support. Building on an original data set, our results distinguish between embedded and ad hoc compensators. We find that ad hoc compensators are championed mainly by counterpowers, but also by ideology of the ruling coalitions in Belgium and the Netherlands and used strategically to maintain political support in France. Evidence on the link between embedded compensators and counterpowers is more ambiguous.


Tom Massart
Tom Massart is a PhD candidate at ULB / CEVIPOL. His research mainly focuses on European economic governance.

Thijs Vos
Thijs Vos is a political scientist and research assistant at Groningen University.

Clara Egger
Clara Egger is assistant professor in international relations at Groningen University. She is currently leading the Exceptius project on Covid19 containment policies in Europe.

Claire Dupuy
Claire Dupuy is professor of comparative politics at UCLouvain. She specializes in comparative public policy with a focus on multilevel governance, federalism and regionalization processes.

Constance Morel-Jean
Constance Morel-Jean is a master’s student at Grenoble-Alpes University. She specialises in the study of political behaviour.

Raul Magni-Berton
Raul Magni-Berton is professor of political science at Grenoble-Alpes University, PACTE research unit. His research mainly focuses on democracy, its institutions and norms.

Sébastian Roché
Sebastian Roché is CNRS Research Professor at Grenoble-Alpes University, PACTE research unit. He specializes in policing and legitimacy studies.
PhD Review

Pragmatic Citizens – A Bottom-Up Perspective on Participatory Politics

PhD by Hannah Werner (KU Leuven and Universiteit van Amsterdam), supervisors: Sofie Marien, Wouter van der Brug & Marc Hooghe

Journal Politics of the Low Countries, Issue 2 2021
Authors Anna Kern
Author's information

Anna Kern
Anna Kern is assistant professor at the Department of Political Science at Ghent University, Belgium.
PhD Review

Economic Insecurity and Populist Radical Right Voting

PhD by Take Sipma (Radboud Universiteit Nijmegen), supervisors: M. Lubbers & N. Spierings

Journal Politics of the Low Countries, Issue 2 2021
Authors Eelco Harteveld
Author's information

Eelco Harteveld
Eelco Harteveld is assistant professor at the Department of Political Science at the University of Amsterdam, the Netherlands. He was a member of Take Sipma’s dissertation committee.

    Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may − contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.


Christian Gade
Christian B. N. Gade is an associate professor of human security and anthropology at Aarhus University and a mediator in the Danish victim-offender mediation programme (Konfliktråd). Corresponding author: gade@cas.au.dk. Acknowledgements: I would like to thank Pernille Reese, head of the Danish Victim-Offender Mediation Secretariat, for our many dialogues about restorative justice and punishment. Furthermore, I am grateful to Søren Rask Bjerre Christensen and Isabelle Sauer for their thoughtful comments on earlier drafts of this article. Last but not least, I would like to thank the three anonymous reviewers for their valuable feedback.

Lukas van den Berge
Lukas van den Berge is assistent professor of legal theory at Utrecht University.

Luana Russo
Luana Russo is an assistant professor in quantitative methods at the Faculty of Arts and Social Sciences (FASoS) of Maastricht University. Her research focuses on two main connected branches: political and electoral behaviours and quantitative methods. Her substantive research interests are in comparative politics, electoral and political behaviour, polarization, political participation, electoral geography and quantitative methods. She holds a PhD from Scuola Superiore Sant’Anna (2011).

Min Reuchamps
Min Reuchamps is professor of political science at the Université catholique de Louvain (UCLouvain). His teaching and research interests are federalism and multilevel governance, democracy and its different dimensions, relations between language(s) and politics and, in particular, the role of metaphors, as well as participatory and deliberative methods.
Pending Cases

Case C-270/21, Work and Residence Permit

A – v – Opetushallitus, reference lodged by the Korkein hallinto-oikeus (Finland) on 27 April 2021

Journal European Employment Law Cases, Issue 2 2021
Keywords Work and Residence Permit
Pending Cases

Case C-199/21, Social Insurance, Pension

DN – v – Finanzamt Österreich, reference lodged by the Bundesfinanzgericht (Austria) on 30 March 2021

Journal European Employment Law Cases, Issue 2 2021
Keywords Social Insurance, Pension
Rulings

ECJ 15 April 2021, Case C-511/19 (Olympiako Athlitiko Kentro Athinon), Age Discrimination

AB– v – Olympiako Athlitiko Kentro Athinon – Spyros Louis, Greek case

Journal European Employment Law Cases, Issue 2 2021
Keywords Age Discrimination
Abstract

    Application of labour reserve system following the Greek financial crisis not found contrary to EU law. The difference in treatment on grounds of age established by that system pursues a legitimate labour-policy objective and the means of achieving that objective are appropriate and necessary.

    In its decision rendered on 28 February 2019, the Luxembourg Court of Appeal (Cour d’appel de Luxembourg) examined under which circumstances on-call duty performed at the workplace qualifies as actual working time.
    The issue raised was whether the time spent at night by an employee (i.e. the presence of an employee at the workplace) performing the work of a live-in carer was to be considered as ‘actual working time’.
    The Court expressly referred to EU case law and decided that the concept of actual working time is defined by two criteria, namely (i) whether the employee during such a period must be at the employer’s disposal, and (ii) the interference with the employee’s freedom to choose their activities.
    In view of the working hours provided for in the employment contract and in the absence of evidence proving that the employee would not have been at the employer’s home during her working hours, the Court found that the employee stayed at the employer’s home at night and at the employer’s request. It was irrelevant in this respect whether it was for convenience or not. It was further established that the employee could not leave during the night and return to her home and go about her personal business, so that the hours she worked at night were to be considered as actual working time.
    Given that the employee’s objections regarding her salary were justified (as the conditions of her remuneration violated statutory provisions), the Court decided that the dismissal was unfair.


Michel Molitor
Michel Molitor is the managing partner of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.
Rulings

ECJ 8 July 2021, case C-71/20 (VAS Shipping), Work and Residence Permit

Criminal proceedings against VAS Shipping ApS, Danish Case

Journal European Employment Law Cases, Issue 2 2021
Keywords Work and Residence Permit
Abstract

    A Member State may impose legislation which require a work permit for third-country national crew members of a vessel flying the flag of a Member State, owned by a company in another Member State.

    The Supreme Court (SC) has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed in to the Uber app and ready to work.


Colin Leckey
Colin Leckey is a partner at Lewis Silkin LLP.

    On 22 May 2020, fifty-two members of the Hungarian parliament petitioned the Constitutional Court which was requested to establish the unconstitutionality of Section 6(4) of Government Decree no. 47/2020 (III. 18), its conflict with an international treaty and to annul it with retroactive effect to the date of its entry into force. According to Section 6(4) of the Decree “in a separate agreement, the employee and the employer may depart from the provisions of the Labour Code” (i.e. ‘absolute dispositivity’). The petition, among other things, alleged the violation of equal treatment and the right to rest and leisure. The Constitutional Court rejected the motion to establish the unconstitutionality of Section 6(4) and its annulment, since it was repealed on 18 June 2020. The Constitutional Court may, as a general rule, examine the unconstitutionality of the legislation in force, however it was no longer possible to examine the challenged piece of legislation in the framework of a posterior abstract norm control.


Kristof Toth
Kristof Toth is PhD student at the Karoli Gaspar University in Hungary.
Case Reports

Access_open 2021/13 Equal Treatment Authority’s decision does not bind the court (HU)

Journal European Employment Law Cases, Issue 2 2021
Keywords Race, Nationality Discrimination, Discrimination General
Authors Zsofia Olah
AbstractAuthor's information

    This case involved an employee who claimed that her two consecutive employers breached the principle of equal treatment during their employment relationships in relation to her belonging to the Roma minority. The employee built her case on the decision of the Equal Treatment Authority, which declared that her employers discriminated against her. The Curia (the highest judicial authority in Hungary) found that the decision of another authority has no binding effect on a court according to Act III of 1952 on Civil Procedure and that in cases concerning equal treatment, the burden of proof lies on the defendant (employer) to prove that there is no link between the disadvantage suffered by the plaintiff (employee) and her protected characteristic. The Curia and regional courts also found that the employer fulfils this obligation if it successfully proves that it assessed the applicant’s qualifications, professional suitability and attitude towards work when it decided on the question of whom to employ.


Zsofia Olah
Zsofia Olah is a partner at OPL Law Firm.
Rulings

ECJ 20 May 2021, Case C-63/20 P (Dickmanns/EUIPO), Miscellaneous

Sigrid Dickmanns – v – EUIPO, EU Case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellenaeous
Abstract

    Appeal against termination of agency contract was dismissed.

Pending Cases

Case C-120/21, Paid Leave

LB – v – TO, reference lodged by the Bundesarbeitsgericht (Germany) on 26 February 2021

Journal European Employment Law Cases, Issue 2 2021
Keywords Paid Leave
Rulings

ECJ 15 April 2021, Case C-875/19 P (FV/Council), Miscellaneous

FV – v – Council of the European Union, EU case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellaneous
Abstract

    Appeal to annul the appellant’s 2013 staff (performance) report rejected.

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