Search result: 114 articles

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Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.
Article

Consensus Democracy and Bureaucracy in the Low Countries

Journal Politics of the Low Countries, Issue 1 2019
Keywords consensus democracy, bureaucracy, governance system, Lijphart, policymaking
Authors Frits van der Meer, Caspar van den Berg, Charlotte van Dijck e.a.
AbstractAuthor's information

    Taking Lijphart’s work on consensus democracies as our point of departure, we signal a major shortcoming in Lijphart’s focus being almost exclusively on the political hardware of the state structure, leaving little attention for the administrative and bureaucratic characteristics of governance systems. We propose to expand the Lijphart’s model which overviews structural aspects of the executive and the state with seven additional features of the bureaucratic system. We argue that these features are critical for understanding the processes of policymaking and service delivery. Next, in order to better understand the functioning of the Netherlands and Belgium as consensus democracies, we provide a short analysis of the historical context and current characteristics of the political-administrative systems in both countries.


Frits van der Meer
Frits van der Meer, Professor Institute Public Administration, Leiden University.

Caspar van den Berg
Caspar van den Berg, Campus Fryslân, University of Groningen.

Charlotte van Dijck
Charlotte van Dijck, PhD Fellow Research Foundation Flanders (FWO), KU Leuven Public Governance Institute.

Gerrit Dijkstra
Gerrit Dijkstra, Senior Lecturer, Leiden University.

Trui Steen
Trui Steen, Professor, KU Leuven Public Governance Institute.
Article

Access_open Do Characteristics of Consociational Democracies Still Apply to Belgian Parties?

Journal Politics of the Low Countries, Issue 1 2019
Keywords Belgium, political parties, party membership, political participation, political representation
Authors Emilie Van Haute and Bram Wauters
AbstractAuthor's information

    Belgium has long been described as a typical case of a consociational or consensus democracy. This article aims at identifying whether political parties in Belgium share the internal characteristics of parties in consensus democracies: passive mass memberships, the importance of purposive and material incentives for joining, and representation of a clear subculture in the social and attitudinal profiles of their members and via overlapping memberships with related organizations. We mobilize longitudinal party membership data and party member surveys conducted in three different time periods. We show that pillar parties still exercise their role of mobilization and representation of societal segments, but these segments tend to become smaller over time. New parties offer alternative options of mobilization and representation, although not always in line with the specific institutional arrangements of consociational democracy.


Emilie Van Haute
Emilie Van Haute, Cevipol, Université libre de Bruxelles.

Bram Wauters
Bram Wauters, Research Group GASPAR, Ghent University.
Article

Better Regulation and Post-Legislative Scrutiny in the European Union

Journal European Journal of Law Reform, Issue 2 2019
Keywords parliaments, post-legislative scrutiny, better regulation, European Union, legislation, regulation, democracy
Authors Davor Jancic
AbstractAuthor's information

    This article analyses the manner in which the EU’s Better Regulation Agenda impacts pre-legislative and post-legislative scrutiny by national parliaments, as two important dimensions of their function of democratic control over EU decision making. To this end, the article critically assesses the institutional arrangements and procedures foreseen under the Commission’s 2015 Better Regulation package and examines the 2017 review of the Better Regulation Agenda, which is a fresh push towards its enhancement. The article is structured as follows. After an overview of the legal grounding and evolution of better regulation in EU law, the analysis surveys the implications for parliaments of the Juncker Commission’s package of reforms, which are laid out in a Communication and implemented through a set of guidelines, a refurbished toolbox for practitioners, a revised Regulatory Fitness and Performance Programme (REFIT), and an Interinstitutional Agreement on Better Lawmaking adopted in 2016. On this basis, the article discusses post-legislative scrutiny of EU legislation on its own merits as well as from the perspective of its relationship with pre-legislative scrutiny. The latter is important since it is the most efficient way for parliaments to influence the contents of EU policies. The article concludes that the Better Regulation Agenda maintains the status quo in domestic parliamentary participation in EU affairs and misses the opportunity to fortify the latter’s European embeddedness.


Davor Jancic
Dr Davor Jancic is Lecturer in Law, Director of the English & European Law LLB programme, Department of Law, Queen Mary University of London.
Article

Legislative Reform in Post-Conflict Settings

A Practitioner’s View

Journal European Journal of Law Reform, Issue 1 2019
Keywords post-conflict, rule of law, law reform, legislative reform
Authors Nathalia Berkowitz
AbstractAuthor's information

    Following conflict, considerable effort is often dedicated to legislative reform. This effort includes not only domestic actors but also international actors frequently acting with the aim of establishing the rule of law. This article seeks, first, to provide some context for legislative reform in post-conflict settings and outline some of the criticisms that have been made. Drawing on the work of legislative experts, the article then identifies some of the simple questions that those involved in legislative reform ask and discusses some of the key challenges in answering them. The article suggests that establishing the rule of law is more than putting laws ‘on the books’ and that the way in which legislation is created may itself contribute to developing the rule of law. It suggests that as the rule-of-law community develops new approaches, it might find it useful to draw on the approach of legislative experts and their concern with how effective legislation is created.


Nathalia Berkowitz
Nathalia Berkowitz is a former Barrister and legislative drafter working as an independent consultant focusing on rule of law reform. Nathalia has over 10 years’ experience supporting legislative reform and judicial process in countries around the world. She is a UK [Government] deployable civilian expert and faculty member of the University of Salamanca’s Global and International Studies Program. She can be contacted at nathaliapendo@gmail.com.
Article

Lessons from a Single Jurisdiction with Two Governments

Governments and the Initiation of Law Reform in England and Wales

Journal European Journal of Law Reform, Issue 1 2019
Keywords law reform, UK devolution, law reform agencies, relations with governments, reform proposals
Authors Richard Percival
AbstractAuthor's information

    This article sets out the centrality of government to the initiation of law reform in respect of the (England and Wales) Law Commission and the Scottish Law Commission (and by extension, those law reform agencies based on the British model), and then considers in the light of recent experience how the existing approach works in the unique context of a single jurisdiction – England and Wales – which now has two governments – the UK Government for England, and the devolved Welsh Government. Having identified shortcomings, the article makes suggestions for improved institutional arrangements to meet the particular law reform needs of Wales.


Richard Percival
Richard Percival is Professor of Criminal Law and Practice (law reform) at Sheffield University, UK. An earlier form of this paper was presented at the third IALS Law Reform Project workshop on 1 November 2017.
Article

Smart Enforcement

Theory and Practice

Journal European Journal of Law Reform, Issue 4 2018
Keywords regulatory inspections, regulatory enforcement, environmental regulations, smart regulation
Authors Dr. Florentin Blanc and Prof. Michael Faure
AbstractAuthor's information

    There is an increasing attention both on how inspections and enforcement efforts with respect to regulatory breaches can be made as effective as possible. Regulatory breaches refer to violations of norms that have been prescribed in public regulation, such as, for example, environmental regulation, food safety regulation or regulation aiming at occupational health and safety. The enforcement of this regulation is qualified as regulatory enforcement. It has been claimed that inspections should not be random, but based on risk and target-specific violators and violations. Such a “smart” enforcement policy would be able to increase the effectiveness of enforcement policy. Policy makers are enthusiastic about this new strategy, but less is known about the theoretical foundations, nor about the empirical evidence. This article presents the theoretical foundations for smart enforcement as well as some empirics. Moreover, the conditions under which smart enforcement could work are identified, but also a few potential limits are presented.


Dr. Florentin Blanc
Dr. Florentin Blanc is a consultant to the World Bank Group, OECD, and governments on investment climate and business environment.

Prof. Michael Faure
Prof. Michael Faure is Academic Director Maastricht European institute for Transnational Legal Research (METRO), Maastricht University, Professor of Comparative and International Environmental Law, Maastricht University and Academic Director of Ius Commune Research School, Maastricht University. He is also Professor of Comparative Law and Economics at Erasmus Law School (Rotterdam).

Albert Dzur
Albert Dzur is Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

The European Court of Human Rights in the States of the Former Yugoslavia

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Ex-Yugoslavia, European Court of Human Rights, domestic implementation, the rule of law, human rights
Authors Jernej Letnar Černič
AbstractAuthor's information

    The countries of the former Yugoslavia have in past decades failed to fully meet both the challenges of the socio-economic environment and of the full-fledged functioning of the rule of law and the protection of human rights. Their development was in the first decade halted by the inter-ethnic wars, while in the second decade their institutions have been hijacked by various populist interest groups. All the countries of the former Yugoslavia have been so far facing a constant crisis of liberal democratic institutions of the modern state, based on the rule of law. Only a small number of them have decided to accept effective measures to break away from such crises. In order to present the problems of the newly established democracies in the former Yugoslavia, this article presents and analyses the contributions of the European Court of Human Rights to establishing the rule of law and effective human rights protection in Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia. In the closing part of the article, conclusions are drawn on how those countries should proceed to internalize the values of human rights protections in liberal democracies.


Jernej Letnar Černič
Associate Professor, Graduate School of Government and European Studies, Nova Univerza, Ljubljana, Slovenia.
Human Rights Literature Review

Lithuania

Journal East European Yearbook on Human Rights, Issue 1 2018
Authors Vygantė Milašiūtė PhD
Author's information

Vygantė Milašiūtė PhD
PhD, associate professor at the Faculty of Law of Vilnius University.
Human Rights Practice Review

Serbia

Journal East European Yearbook on Human Rights, Issue 1 2018
Authors Jelena Simić
Author's information

Jelena Simić
Jelena Simić is assistant professor, Union University Law School (Belgrade).
Article

Politics and Pragmatism

The Constitutional Court of the Russian Federation and Its 20 Years of Engagement with the European Convention on Human Rights

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Constitutional Court of the Russian Federation, European Court of Human Rights, Russia
Authors Bill Bowring
AbstractAuthor's information

    After the highly controversial YUKOS judgment of 19 January 2017, on 23 May 2017 the Constitutional Court of the Russian Federation (CCRF) delivered a warmly received judgment, in which the provisions of the administrative offences legislation prohibiting stateless persons to challenge the reasonableness of their detention in special detention facilities was found to be unconstitutional. The CCRF was addressed by leading Russian human rights advocates. The judgment referred not only to Article 22 of the Russian Constitution but also to the analogous Article 5 of the ECHR. The judgment paid special attention to case-law: Guzzardi v. Italy (1980), Kemmache v. France (1994), Kurt v. Turkey (1998), Aleksei Borisov v. Russia (2015), and Z.A. v. Russia (2017), as well as Alim v. Russia (2011), Shakurov v. Russia (2012) and Azimov v. Russia (2013). Indeed, Strasbourg jurisprudence has played a central role in the development of the CCRF’s jurisprudence since Russia’s ratification of the ECHR in 1998. This article analyses and seeks to explain what in the author’s view is the CCRF’s serious engagement with a body of pan-European quasi-constitutional law, with which Russian jurists feel surprisingly comfortable and experienced. Is there really a cultural incompatibility between Russian and ‘Western’ approaches to human rights law?


Bill Bowring
Professor of Law, Birkbeck College, University of London.
Article

Access_open Personhood and legal status: reflections on the democratic rights of corporations

Journal Netherlands Journal of Legal Philosophy, Issue 1 2018
Keywords Corporations, democracy, legal personality, personhood, inclusion
Authors Ludvig Beckman
AbstractAuthor's information

    Corporations can have rights but whether they should also have democratic rights depends among other things on whether they are the kind of entities to which the democratic ideal applies. This paper distinguishes four different conceptions of “the person” that can have democratic rights. According to one view, the only necessary condition is legal personality, whereas according to the other three views, democratic inclusion is conditioned also by personhood in the natural sense of the term. Though it is uncontroversial that corporations can be legal persons, it is plausible to ascribe personhood in the natural sense to corporations only if personhood is conceptualized exclusively in terms of moral agency. The conclusion of the paper is that corporations can meet the necessary conditions for democratic inclusion but that it is not yet clear in democratic theory exactly what these conditions are.


Ludvig Beckman
Ludvig Beckman is professor of political science at Stockholm University.
Law Review

Access_open 2018/1 EELC’s review of the year 2017

Journal European Employment Law Cases, Issue 1 2018
Authors Ruben Houweling, Catherine Barnard, Zef Even e.a.
Abstract

    This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks.


Ruben Houweling

Catherine Barnard

Zef Even

Amber Zwanenburg

Daiva Petrylaitė

Petr Hůrka

Jean-Philippe Lhernould

Erika Kovács

Jan-Pieter Vos

Andrej Poruban

Luca Ratti

Niklas Bruun

Francesca Maffei

Ielyzaveta Lvova
Associate professor, Odessa Regional Institute of Public Administration, National Academy for Public Administration, Office for the President of Ukrane, Odessa, Ukraine.

Tamás Lattmann
PhD, senior researcher at the Institute of International Relations (IIR) Prague, and associate professor of National University of Public Service (NKE), Budapest.
Article

The Politicization of ex post Policy Evaluation in the EU

Journal European Journal of Law Reform, Issue 1-2 2017
Keywords policy evaluation, Better Regulation, participation, REFIT, politicization
Authors Stijn Smismans
AbstractAuthor's information

    The European Commission’s 2015 Better Regulation package has placed ex post evaluation at the centre of European governance. This strengthens a trend of gradual politicization of evaluation in European policymaking. This article analyses how the European Commission’s approach to ex post policy evaluation has changed over the last decade. It shows how evaluation has developed from a rather technical process to a more politicized process, which is clearly linked to political priority setting, subject to centralized control, and involving a wider set of actors. At the same time, the Commission avoids a profound debate on the merits and objectives of the process of evaluation itself. The article concludes on the merits and risks of evaluation at times of rising populism.


Stijn Smismans
Stijn Smismans is a professor of law at the School of Law and Politics and director of the Centre for European Law and Governance at Cardiff University.
Article

Verticale politieke cumul in de Lage Landen: evolutie en verklaringen

Journal Res Publica, Issue 3 2017
Keywords Cumul des mandats, Multiple office-holding, Members of parliament, Local representatives, Central-local relations
Authors Nicolas Van de Voorde
AbstractAuthor's information

    Studies have shown that multiple office-holding, a practice that denotes the simultaneous exercise of any directly elected municipal mandate and parliamentary seat, is more commonplace in European national parliaments than expected. However, research in Belgium, and especially in the Netherlands, is scarce and extremely fragmented. Therefore, our analysis provides a systematic comparison between the Low Countries with a longitudinal focus. In the first part of the paper, the frequency of the practice is described and its evolution in the last two decades tracked. In the second part, we provide aggregated explanations for the identified discrepancy. Indeed, our results show that after the most recent elections, more than 80% of all Belgian members of parliament held a local mandate, and this percentage increased by 10% during our reference period. In contrast, 9 out of 150 members of the Dutch Second Chamber were combining several offices at the beginning of their national mandate, while the degree of cumulards remained stable. Unexpectedly, the legislative framework and the party regulations are not the source of this deviation, as they are almost identical in both countries. We argue that the difference can be attributed to the role and position of the local government, the political culture and the electoral system.


Nicolas Van de Voorde
Nicolas Van de Voorde is als FWO-aspirant verbonden aan het Centrum voor Lokale Politiek aan de Universiteit Gent. Zijn onderzoek is gericht op het fenomeen cumul des mandats in de Belgische context.
Article

Bijzondere buren

Lokaal bestuur en lokale verkiezingen in Nederland en Vlaanderen

Journal Res Publica, Issue 3 2017
Keywords The Netherlands, Flanders, Belgium, local government, local politics, elections
Authors Julien van Ostaaijen
AbstractAuthor's information

    Even though they are portrayed as culturally and mentally very different, the Dutch and the Flemish share a border, a part of their history, and their language. Little oversight has been provided regarding the similarities and differences in terms of their democratic and political institutions and their mode of operation. This is especially the case for the local level. With upcoming local elections in both the Netherlands and Flanders/Belgium, this article presents an oversight of similarities and differences regarding local government and local elections in both territories. The main conclusion is that there are differences and similarities in both the local institutional setting and government practice. In local government practice however, the differences stand out.


Julien van Ostaaijen
Julien van Ostaaijen is als universitair docent verbonden aan de Tilburg School of Governance van Tilburg University. Hij doet veel onderzoek naar lokale democratie en heeft onder meer gepubliceerd over de rol van de gemeenteraad, lokale partijen, de aanstellingswijze van wethouders en burgemeesters, burgerbetrokkenheid en de opkomst bij (lokale) verkiezingen. Zijn proefschrift ging over de vraag hoe veranderingen in het lokaal bestuur kunnen worden doorgevoerd. Voor meer informatie over zijn werk: www.vanostaaijen.nl
Article

Domineren Brussel en Den Haag ook de Dorpsstraat?

Nationale en lokale determinanten van het succes van nationale partijen bij de Nederlandse en Vlaamse gemeenteraadsverkiezingen

Journal Res Publica, Issue 3 2017
Keywords second-order elections, municipal elections, local politics
Authors Sofie Hennau, Ramon van der Does and Johan Ackaert
AbstractAuthor's information

    This article investigates to what extent national and/or local factors influence the performance of national parties in the most recent Flemish and Dutch municipal elections of, respectively, 2012 and 2014.
    Our analyses underscore the impact of local factors on the municipal election results, both in Flanders and in the Netherlands. The number of parties and previous election results have a negative effect on the vote share of national political parties. Contrary to the expectations, participation in local government does not have any influence on the national lists’ elections results.
    Although local factors have to be taken into account to get a better estimation of the performance of national lists in municipal elections, national factors have significant effects as well. Parties doing well at the national elections, are less successful at the local level.


Sofie Hennau
Sofie Hennau is postdoctoraal onderzoeker aan de faculteit Rechten van de UHasselt. Zij doet onderzoek naar lokale institutionele hervormingen en lokale politiek.

Ramon van der Does
Ramon van der Does is werkzaam als onderwijs- en onderzoeksassistent aan de Universiteit Leiden. Ook doet hij zelfstandig onderzoek naar deliberatie, politieke participatie en lokale verkiezingen.

Johan Ackaert
Johan Ackaert is hoogleraar en decaan van de faculteit Rechten van de UHasselt. Zijn onderzoek richt zich op lokaal beleid en lokale politiek.
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