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Article

Access_open The Child’s Contact with Grandparents

Journal Family & Law, September 2021
Keywords Family life, Best interest of the child, Contact rights, Grandchildren, Grandparents
Authors prof. M. Holdgaard
AbstractAuthor's information

    Grandparents hand down their experiences, knowledge, traditions and values to their grandchildren. As a high level of grandparental involvement may play an important role in a child’s well-being, legal protection of that family relation may be in the best interest of a given child. There is a continuing interaction between family law, cultural and social norms of what constitutes a family and how family life should be, and actual family practices and structures. Due to changing family patterns combined with an increasing number of divorces and cohabiting couples with children splitting up grandparents now play an increasing role in their grandchildren’s lives. Children become members within other types of family structures, e.g. single parents (raising half-siblings), families with yours and/or mine (and joint) children etc. When a child’s family includes a step-parent with children and step-grandparents – as well as the biological parents and grandparents – a potential risk of conflict among the family members is high. Grandparents, therefore, risk losing contact or having less contact than they had previously. At first glance, there might appear to be little reason for society to regulate the practices of grandparents as providers of non-formalized childcare or to protect the rights of children in these relationships. However, due to the changing family practices and social norms, one could argue that the legal protection of contact between grandparents and grandchildren is an important legal topic in domestic law and in academic discussions in the coming years. This article articulates these issues by framing three articles that together create a thematic map in this journal on Spanish and Catalan law, and Scandinavian law as well as the grandparents’ right to maintain contact with their grandchildren under the European Convention on Human Rights seen in a context of the best interest of the child.


prof. M. Holdgaard
Marianne Holdgaard is Professor in family and inheritance law at the School of Law, Faculty of Social Sciences, University of Aalborg
Article

An exploration of trauma-informed practices in restorative justice: a phenomenological study

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, trauma, trauma-informed care, interpretative phenomenological analysis
Authors Claudia Christen-Schneider and Aaron Pycroft
AbstractAuthor's information

    While several studies identify trauma as a main risk factor for developing offending behaviour, the criminal justice system still largely ignores the problem, and the same seems to be true of restorative justice. This article offers a critical exploration of trauma-informed work with offenders using interpretative phenomenological analysis. The interviewees perceive a growing interest in the topic of trauma and trauma-informed care (TIC). However, they also identify several areas that seem to hinder a trauma-informed approach, not only with offenders but also with victims. One concern is the tendency to institutionalise restorative justice with an emphasis on efficiency, effectiveness and outcome orientation. The interviewees also perceive a revengeful and retributive attitude in their societies that does not condone restorative measures that seemingly favour offenders. This tendency appears even stronger in societies that have suffered from collaborative trauma and not recovered from it. Interviewees therefore advocate for raising awareness of trauma, the consequences of unhealed trauma and the need to work trauma-informed with all stakeholders, including offenders and the extended, affected community. They also appeal for increased training to be provided for practitioners in TIC and self-care as these areas seem essential to provide safe and beneficial processes for all stakeholders.


Claudia Christen-Schneider
Claudia Alexandra Christen-Schneider is president of the Swiss RJ Forum.

Aaron Pycroft
Aaron Pycroft PhD is Reader in Criminal Justice and Social Complexity at the University of Portsmouth, UK. Contact author: Claudia Alexandra Christen-Schneider at swissrjforum@gmail.com.

Claudia Mazzucato
Claudia Mazzucato is Associate Professor of Criminal Law at Università Cattolica del Sacro Cuore, Milan, Italy. Contact author: claudia.mazzucato@unicatt.it.
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.
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

    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 12 May 2021, Case C-27/20 (CAF), Social Insurance

PF, QG – v – Caisse d’allocations familiales (CAF) d’Ille-et-Vilaine, French case

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

    Use of reference year for determining family allowances not found contrary to Article 45 TFEU and Article 7 of Regulation 492/2011, even if subsequent income is significantly reduced.

Rulings

ECJ 10 June 2021, case C-591/19 P (Commission v De Esteban Alonso), Miscellaneous

European Commission – v – Fernando De Esteban Alonso, EU case

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

    European Anti-fraud Office and the Commission not found liable for alleged conduct in the context of criminal investigations against a former employee.

Rulings

ECJ 8 July 2021, case C-428/19 (Rapidsped), Posting of Workers and Expatriates

OL, PM, RO – v – Rapidsped Fuvarozási és Szállítmányosi Zrt., Hungarian case

Journal European Employment Law Cases, Issue 2 2021
Keywords Posting of Workers and Expatriates
Abstract

    A daily allowance is part of the minimum wage during posting, unless it is paid in reimbursement of expenditure actually incurred on account of the posting. A bonus to reduce fuel consumption is allowed, unless it encourages the driver to endager road safety.

Pending Cases

Case C-283/21, Social Insurance

VA – v – Deutsche Rentenversicherung Bund, reference lodged by the Landessozialgericht Nordrhein-Westfalen (Germany) on 4 May 2021

Journal European Employment Law Cases, Issue 2 2021
Keywords Social Insurance
Landmark Ruling

ECJ 3 June 2021, case C-784/19 (TEAM POWER EUROPE), Social Insurance, Temporary Agency Work, Posting of Workers and Expatriates

‘TEAM POWER EUROPE’ EOOD – v – Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite – Varna, Bulgarian case

Journal European Employment Law Cases, Issue 2 2021
Keywords Social Insurance, Temporary Agency Work, Posting of Workers and Expatriates
Abstract

    A temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers locally for local social insurance to be applicable.

Article

Restorative justice in schools: examining participant satisfaction and its correlates

Journal The International Journal of Restorative Justice, Issue Online First 2021
Keywords restorative justice, school-to-prison-pipeline, satisfaction
Authors Ph.D. John Patrick Walsh, Jaclyn Cwick, Patrick Gerkin e.a.
AbstractAuthor's information

    Schools in the United States are implementing restorative justice practices that embrace student responsibility and reintegration to replace the zero-tolerance exclusionary policies popularised in the 1980s and 1990s. However, little is known about what factors are related to these and other restorative outcomes. The present study utilises 2017-2018 survey data (n = 1,313) across five West Michigan schools to determine how participant and restorative circle characteristics contribute to participant satisfaction within ordinary least squares (OLS) regression models. Findings show that several characteristics of restorative circles, including the number of participants, time spent in the restorative circle, number of times respondents have participated in a circle, and whether an agreement was reached, are significantly related to participant satisfaction. In addition, gender and participant role interact to have a significant effect on satisfaction. And models disaggregated by incident type indicate that the interaction between race and participant role has a significant effect on satisfaction, but only among restorative circles involving friendship issues. Suggestions for future research, as well as strategies aimed at improving participant satisfaction within restorative circles, are discussed.


Ph.D. John Patrick Walsh
Dr. John P. Walsh is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States. Contact author: walshj@gvsu.edu.

Jaclyn Cwick
Dr. Jaclyn Cwick is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Patrick Gerkin
Patrick Gerkin, PhD, is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Joshua Sheffer
Joshua Sheffer is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.
Article

Compensation for Victims of Disasters

A Comparative Law and Economic Perspective

Journal European Journal of Law Reform, Issue 2 2021
Keywords victim compensation, disaster risk reduction, government relief, insurance, moral hazard, public private partnership
Authors Qihao He and Michael Faure
AbstractAuthor's information

    This article provides a critical analysis of the compensation awarded for victims of disasters. First, general guiding principles of compensation are discussed. Next, various ways of government provided victim compensation, both during the disaster and ex post are critically reviewed. Then the article focuses on ex ante insurance mechanisms for victim compensation, arguing that insurance can play a role in disaster risk reduction. Finally, the article explains how the government can cooperate with insurers in a public-private partnership for victim compensation, thus facilitating the availability of disaster insurance.


Qihao He
Qihao He is Associate Professor of Law, China University of Political Science and Law, College of Comparative Law. Beijing, China. Qihao He acknowledges the financial support of China Ministry of Education Research Program on Climate Change and Insurance (No. 18YJC820024), and Comparative Private Law Innovation Project of CUPL (No. 18CXTD05).

Michael Faure
Michael Faure is Michael G. Faure, Professor of Comparative and International Environmental Law, Maastricht University, and Professor of Comparative Private Law and Economics, Erasmus University Rotterdam, The Netherlands. The authors thank the participants in the symposium of Regulating Disasters through Private and Public Law: Compensation and Policy held in University of Haifa, and the comments from Suha Ballan.
Article

Finding an Ideal Contract Law Regime for the International Sale of Goods

A Comparative Study on the Remedy of Termination for Breach of Contract under the United Nations Convention on Contracts for International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts (PICC) and The Gambia Sale of Goods Act

Journal European Journal of Law Reform, Issue 2 2021
Keywords contracts, termination of contracts, CISG, International Sale of Goods, Unidroit Principles, the Gambia, comparative law
Authors Buba Ceesay
AbstractAuthor's information

    Parties enter into contracts for obtaining specific contractual benefits, and, as a result, they engage in risk allocation hoping that each will keep to its promise. These expectations are sometimes shattered by a breach by one of the parties. The contract at times provides remedies for breach of contract. However, in most cases, the parties’ contract leaves the regulation of the breach to the governing law of the contract. The efficiency of a remedial rule can be judged from the balance that it has put in place in ensuring the risks involved in international transactions are not skewed against the breaching party just because it is in breach. This article thus makes a comparative study between the United Nations Convention on Contracts for International Sale of Goods (CISG), UNIDROIT (International Institute for the Unification of Private Law) Principles of International Commercial Contracts (the PICC) and Sales Act (Act No. 4 of 1955) of The Gambia (GSGA) on the right of a creditor to terminate a contract to elucidate the similarities and the differences among the three regimes and to determine which of the regimes provides a suitable contract law model for the international sales of goods. The article reviews and analyses the legal instruments, case law and academic writings under the regimes and concludes that the CISG provides the most suitable contract law model for the international sale of goods.


Buba Ceesay
Buba Ceesay is an LLM candidate at the Université de Fribourg. Special appreciation to Professor Christiana Fountoulakis, Dr iur, Professor of Private Law and European Private Law, University of Fribourg, Switzerland, for guiding this research paper and helping in having the final version ready for publication.
Article

Consensual Accommodation of Sharia Law and Courts in Greece

Journal European Journal of Law Reform, Issue 2 2021
Keywords choice architecture, law reform, Molla Sali v. Greece, Mufti, multicultural accommodation, Muslim minority, nomoi group, Sharia law
Authors Nikos Koumoutzis
AbstractAuthor's information

    Having been exempted from a massive population exchange that took place between Greece and Turkey under the Treaty of Lausanne (1923), the Muslim minority of Western Thrace enjoys ever since a special status providing for the application of the Sharia law in family and succession matters, as well as the jurisdiction of the Mufti for the resolution of relevant disputes. A reform introduced by Law 4511/2018 marks a watershed moment in this long history. From now on, the Sharia law and the Mufti cease to be mandatory; their intervention requires the consent of the members of the minority, who also have the alternative to subject to the civil law and courts. This article tries to explore key features of the new model providing for an accommodation of the Muslim personal legal system based on choice. It focuses on the technique employed to structure the right of choice, on the proper ways for the exercise of choice, on the possibilities offered (or not) to make a partial choice only and revoke a previously made choice. In the end, a further question is raised, concerning how effective the right of choice may prove in the hands of women insiders, given that these are the most likely to experience pressure to demonstrate loyalty and not ignore the traditions and values – including the nomos – of their collective.


Nikos Koumoutzis
Nikos Koumoutzis is Associate Professor Law School at the University of Nicosia, ORCID ID: https://orcid.org/0000-0003-4362-2320
Article

Access_open Approach with Caution

Sunset Clauses as Safeguards of Democracy?

Journal European Journal of Law Reform, Issue 2 2021
Keywords emergency legislation, sunset clauses, post-legislative review, COVID-19
Authors Sean Molloy
AbstractAuthor's information

    In response to the COVID-19 pandemic, leaders across the globe scrambled to adopt emergency legislation. Amongst other things, these measures gave significant powers to governments in order to curb the spreading of a virus, which has shown itself to be both indiscriminate and deadly. Nevertheless, exceptional measures, however necessary in the short term, can have adverse consequences both on the enjoyment of human rights specifically and democracy more generally. Not only are liberties severely restricted and normal processes of democratic deliberation and accountability constrained but the duration of exceptional powers is also often unclear. One potentially ameliorating measure is the use of sunset clauses: dispositions that determine the expiry of a law or regulation within a predetermined period unless a review determines that there are reasons for extension. The article argues that without effective review processes, far from safeguarding rights and limiting state power, sunset clauses can be utilized to facilitate the transferring of emergency powers whilst failing to guarantee the very problems of normalized emergency they are included to prevent. Thus, sunset clauses and the review processes that attach to them should be approached with caution.


Sean Molloy
Dr Sean Molloy is a Lecturer in Law at Northumbria University.
Article

Access_open Invisible before the law

The legal position of persons with intellectual disabilities under the Dutch Care and Compulsion Act (Wzd) in light of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)

Journal Family & Law, June 2021
Keywords dicrimination, guardianship, incapacitated adults, legal (in)capacity
Authors F. Schuthof LLM
AbstractAuthor's information

    In the Netherlands, the use of involuntary treatment in the mental health care sector is governed by the Dutch Care and Compulsion Act (Wzd). This study examines the legal position of persons with intellectual disabilities under this Act. The Wzd is analyzed in light of the human rights standards of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). The findings of this study show that the Wzd does not meet the standards of Article 12 in several cases. The Wzd does not recognize the legal capacity of persons with intellectual disabilities, it continues to allow for substituted decision-making and support measures are not complemented by adequate safeguards. From a theoretical point of view, an imbalance between the protection of and the respect for the autonomy of persons with intellectual disabilities can be observed. This article formulates several recommendations in order to restore this balance.
    ---
    De Nederlandse Wet zorg en dwang (Wzd) ziet toe op de rechten van mensen met een verstandelijke beperking bij onvrijwillige zorg of onvrijwillige opname. Dit artikel onderzoekt de juridische positie van mensen met een verstandelijke beperking ten aanzien van deze wet. De Wzd wordt geanalyseerd in relatie tot artikel 12 van het Verdrag inzake de Rechten van Personen met een Handicap (VRPH). De bevindingen van dit onderzoek laten zien dat de Wzd in verschillende gevallen niet voldoet aan de normen van artikel 12 VRPH. Zo wordt onder andere de handelingsbekwaamheid, ofwel ‘legal capacity’, van mensen met een verstandelijke beperking niet erkend en blijft plaatsvervangende besluitvorming mogelijk. Vanuit theoretisch oogpunt is er sprake van een disbalans tussen de bescherming van en het respect voor de autonomie van mensen met een verstandelijke beperking. Dit artikel doet daarom meerdere aanbevelingen om dit evenwicht te herstellen.


F. Schuthof LLM
Fiore Schuthof conducts research into better empowerment and protection of the elderly as a PhD student at Utrecht University (UU).
Editorial

Access_open Where Were the Law Schools?

On Legal Education as Training for Justice and the Rule of Law (Against the ‘Dark Sides of Legality’)

Journal Netherlands Journal of Legal Philosophy, Issue 1 2021
Authors Iris van Domselaar
Author's information

Iris van Domselaar
Iris van Domselaar is associate professor in legal philosophy and legal ethics at the Amsterdam Law School, University of Amsterdam.
Article

Interest Representation in Belgium

Mapping the Size and Diversity of an Interest Group Population in a Multi-layered Neo-corporatist Polity

Journal Politics of the Low Countries, Issue 1 2021
Keywords interest groups, advocacy, access, advisory councils, media attention
Authors Evelien Willems, Jan Beyers and Frederik Heylen
AbstractAuthor's information

    This article assesses the size and diversity of Belgium’s interest group population by triangulating four data sources. Combining various sources allows us to describe which societal interests get mobilised, which interest organisations become politically active and who gains access to the policy process and obtains news media attention. Unique about the project is the systematic data collection, enabling us to compare interest representation at the national, Flemish and Francophone-Walloon government levels. We find that: (1) the national government level remains an important venue for interest groups, despite the continuous transfer of competences to the subnational and European levels, (2) neo-corporatist mobilisation patterns are a persistent feature of interest representation, despite substantial interest group diversity and (3) interest mobilisation substantially varies across government levels and political-administrative arenas.


Evelien Willems
Evelien Willems is a postdoctoral researcher at the Department of Political Science, University of Antwerp. Her research focuses on the interplay between interest groups, public opinion and public policy.

Jan Beyers
Jan Beyers is Full Professor of Political Science at the University of Antwerp. His current research projects focus on how interest groups represent citizens interests and to what extent the politicization of public opinion affects processes of organized interest representation in public policymaking.

Frederik Heylen
Frederik Heylen holds a PhD in Political Science from the University of Antwerp. His doctoral dissertation addresses the organizational development of civil society organizations and its internal and external consequences for interest representation. He is co-founder and CEO of Datamarinier.
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