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Article

Access_open Mercosur: Limits of Regional Integration

Journal Erasmus Law Review, Issue 3 2019
Keywords Mercosur, European Union, regionalism, integration, international organisation
Authors Ricardo Caichiolo
AbstractAuthor's information

    This study is focused on the evaluation of successes and failures of the Common Market of the South (Mercosur). This analysis of Mercosur’s integration seeks to identify the reasons why the bloc has stagnated in an incomplete customs union condition, although it was originally created to achieve a common market status. To understand the evolution of Mercosur, the study offers some thoughts about the role of the European Union (EU) as a model for regional integration. Although an EU-style integration has served as a model, it does not necessarily set the standards by which integration can be measured as we analyse other integration efforts. However, the case of Mercosur is emblematic: during its initial years, Mercosur specifically received EU technical assistance to promote integration according to EU-style integration. Its main original goal was to become a common market, but so far, almost thirty years after its creation, it remains an imperfect customs union.
    The article demonstrates the extent to which almost thirty years of integration in South America could be considered a failure, which would be one more in a list of previous attempts of integration in Latin America, since the 1960s. Whether it is a failure or not, it is impossible to envisage EU-style economic and political integration in South America in the foreseeable future. So far, member states, including Brazil, which could supposedly become the engine of economic and political integration in South America, have remained sceptical about the possibility of integrating further politically and economically. As member states suffer political and economic turmoil, they have concentrated on domestic recovery before being able to dedicate sufficient time and energy to being at the forefront of integration.


Ricardo Caichiolo
Ricardo Caichiolo, PhD (Université catholique de Louvain, Belgium) is legal and legislative adviser to the Brazilian Senate and professor and coordinator of the post graduate programs on Public Policy, Government Relations and Law at Ibmec (Instituto Brasileiro de Mercado de Capitais, Brazil).

    The Czech Supreme Court has given guidance on the limits to employees’ free speech. Employees must not engage in any conduct, even outside working hours, that could actually or potentially damage their employer’s business. Any criticism of an employer must be based on facts and not be misleading or defamatory. Inappropriate or unjustified criticism may lead to immediate termination of employment.


Anna Diblíková
Anna Diblíková is an attorney at Noerr in Prague, www.noerr.com.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Spanish Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Supervised release, supervision, sex offenders, dangerousness, safety measures, societal upheaval, proportionality
Authors Lucía Martínez Garay and Jorge Correcher Mira
AbstractAuthor's information

    This article presents an overview of the legal regime provided in the Spanish system of criminal sanctions regarding the control of dangerous sex offenders in the community. It focuses on the introduction, in 2010, of a post-prison safety measure named supervised release. We describe the context of its introduction in the Spanish Criminal Code, considering the influence of societal upheaval concerning dangerous sex offenders in its development, and also the historical and theoretical features of the Spanish system of criminal sanctions. We also analyse the legal framework of supervised release, the existing case law about it and how the legal doctrine has until now assessed this measure. After this analysis, the main aim of this article consists in evaluating the effectiveness and the proportionality of the measure, according to the principle of minimal constraints and the rehabilitative function of the criminal sanctions in Spanish law, stated in Article 25.2 of the Spanish Constitution.


Lucía Martínez Garay
Lucía Martínez Garay is a Senior Lecturer at the University of Valencia, Department of Criminal Law.

Jorge Correcher Mira
Jorge Correcher Mira, Ph.D., is an Assistant Lecturer at the University of Valencia, Department of Criminal Law.
Article

The Prosecution of Corporations before a Hybrid International Criminal Tribunal

The New TV and Akhbar Beirut Contempt Jurisdiction Decisions of the Special Tribunal for Lebanon

Journal African Journal of International Criminal Justice, Issue 1-2 2016
Keywords Special Tribunal for Lebanon, international criminal law, personal jurisdiction, corporate criminal liability, interpretation of Rules of Procedure and Evidence
Authors Manuel J. Ventura
AbstractAuthor's information

    This case note considers two decisions from two separate Appeals Panels of the Special Tribunal for Lebanon (“STL”) which held that the STL possessed the inherent power, pursuant to its inherent jurisdiction in matters relating to contempt, to exert its ratione personae jurisdiction over legal persons – two Lebanese corporations – accused of contemptuous conduct. These decisions opened the door for the first trials of corporate defendants in the history of international criminal law. The analyses of the Appeals Panels are pertinent to unresolved debates before United States (“US”) courts on whether the US Alien Tort Statute recognizes corporate liability for violations of the law of nations; raise the issue of the proper place of the principle of legality when jurisdictional questions arise as well as the proper interpretation of the STL’s Rules of Procedure and Evidence; and also have implications for other international criminal tribunals with provisions regulating contempt of court that are similarly worded to those in place at the STL.


Manuel J. Ventura
LL.M. (Hons) (Geneva Academy of International Humanitarian Law and Human Rights). Associate Legal Officer, Chambers, Special Tribunal for Lebanon; Director, The Peace and Justice Initiative <www.peaceandjusticeinitiative.org>; Adjunct Fellow, School of Law, Western Sydney University. Email: manuel.j.ventura@gmail.com.
Article

Politieke preferenties, breuklijnen en houdingen ten opzichte van politieke partijen

Een studie bij kiezers in Vlaanderen en Wallonië

Journal Res Publica, Issue 2 2013
Keywords cleavages, political preferences, left-right, voting motives, propensity to vote
Authors Joris Boonen and Marc Hooghe
AbstractAuthor's information

    Within political science there is an ongoing discussion about the persistent or diminishing influence of social cleavages on voting behavior and the extent to which new voting motives have taken over the explanatory power of these predictors. We investigate the influence of religion, nationalism, ethical conservatism/progressivism and left-right orientations on the voters’ appreciation of political parties in Belgium. This method allows us to make a more qualified analysis on voting motives, in particular for smaller parties. We use data from the 2009 PartiRep election study, which show that traditional cleavages still have an important influence on political preferences. While the left-right-dimension has a limited influence on voting preferences in Flanders, it does play a major role in Wallonia. Contrary to expectations, the explanatory power of left-libertarian and right-authoritarian positions is rather weak, with one major exception: the preference for Vlaams Belang is almost entirely determined by ethnocentrism while this attitude is not relevant for other parties. In general, we find that both traditional and postmaterialist cleavages play a more important role in predicting party appreciations in Flanders than they do for French-speaking respondents.


Joris Boonen
Joris Boonen is doctoraatsstudent aan het Centrum voor Politicologie van de KU Leuven. Zijn onderzoek gaat over kiesgedrag en de transmissie van politieke voorkeuren.

Marc Hooghe
Marc Hooghe is gewoon hoogleraar politieke wetenschappen aan de KU Leuven en gastprofessor aan de Universiteit van Mannheim. Hij publiceert vooral over politieke participatie en politiek vertrouwen.
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