Theories on issue competition assume that there is only a limited number of issues that a person prioritises simultaneously. In this research note, we test this mechanism by using a panel study that was conducted among Belgian parents in 2019 and 2020. Between the two observations of the study, the country suffered a severe health crisis due to the COVID-19 pandemic. We investigate whether this crisis reduced the priority of environmental issues among respondents. Our results show that there was indeed a significant decline of some indicators for environmental concern, but not for others. Furthermore, we show that a higher priority for the health-related and economic consequences of the COVID-19 pandemic was associated with a steeper decline in environmental concern. |
Search result: 346 articles
Research Note |
Did the COVID-19 Pandemic Reduce Attention to Environmental Issues?A Panel Study Among Parents in Belgium, 2019-2020 |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | issue competition, COVID-19 pandemic, panel study, environmental concern, Belgium |
Authors | Sari Verachtert, Dieter Stiers and Marc Hooghe |
AbstractAuthor's information |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
AbstractAuthor's information |
Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
Article |
Legal Tradition and Human RightsA Quantitative Comparative Analysis of Developing Countries |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | comparative law, comparative constitutional analysis, human rights, legal traditions, quantitative constitutional analysis, economic rights, social and family rights, civil and political rights |
Authors | Dhanraj R. Singh |
AbstractAuthor's information |
This analysis examines the relationship between legal tradition and constitutional human rights. It experiments with a quantitative comparative methodology to compare economic rights, social and family rights, and civil and political rights between countries with common law, civil law and mixed law legal traditions. The results show that developing countries with a civil law legal tradition provide more constitutional human rights than their counterparts with a common law legal tradition. Although preliminary and imperfect, the results challenge the notion of superiority of the common law legal tradition and human rights. The quantitative comparative framework used offers a new methodological frontier for comparative constitutional law researchers to examine relationships between legal traditions. |
Public Health Emergency: National, European and International Law Responses |
Defining the Common European Way of LifeExploring the Concept of Europeanness |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | European identity, Common European Way of Life, coronavirus, European citizenship, Hungary, enlargement policy, Europeanness |
Authors | Lilla Nóra Kiss and Orsolya Johanna Sziebig |
AbstractAuthor's information |
The article focuses on the interpretation of the European Way of Life and the concept of Europeanness. Ursula von der Leyen determined the Promotion of the European Way of Life as a priority of the 2019-2024 Commission. The purpose behind this was to strengthen European democracy and place the citizens into the center of decision-making. The article examines the role of European identity, European citizenship and those historical-traditional conditions that make our way of life ‘common’. The Common European Way of Life may be defined as a value system based on the established legal basis of EU citizenship that can be grasped in the pursuit of common principles and the exercise of rights guaranteed to all EU citizens, limited only under exceptional circumstances and ensuring socio-economic convergence. The article covers general conceptual issues but also focuses on the extraordinary impact of the COVID-19. Lastly, the relevant aspects of enlargement policy are also explored. |
Public Health Emergency: National, European and International Law Responses |
On the Constitutionality of the Punishment of Scaremongering in the Hungarian Legal System |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | scaremongering, clear and present danger, COVID-19 pandemic, freedom of expression, Constitutional Court of Hungary |
Authors | András Koltay |
AbstractAuthor's information |
Scaremongering criminalized as a limitation to freedom of speech in Hungarian law. In lack of relevant case-law, free speech commentators rarely discussed the provision until the Government took action to step up the fight against the COVID-19 pandemic, and the ensuing amendment of the Criminal Code in Spring 2020 brought the subject back to the forefront of public debate. The article analyses the constitutional issues related to the criminalization of scaremongering, taking the two available Constitutional Court decisions rendered in this subject as guideline. Though the newly introduced legislation attracted widespread criticism in Hungary and elsewhere in Europe, a thorough examination of the new statutory elements makes it clear that public debate and critical opinions may not be stifled by prosecuting individuals for scaremongering. Although the applicable standard cannot yet be determined with full accuracy, the Constitutional Court’s decisions and relevant academic analysis resolve the main issues in order to protect freedom of expression, while the clarification of further details remains a matter for the case-law. |
Public Health Emergency: National, European and International Law Responses |
State Aid in the Times of COVID-19 Pandemic |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | temporary framework, competition law, state aid, COVID-19, European Commission |
Authors | Katalin Gombos and Anikó Edit Szűcs |
AbstractAuthor's information |
COVID-19 caused serious turbulence in the economy worldwide, severely damaging certain industries, while generating extra revenues for others. In order to be able to continue business as usual following the current crises there is a need to provide state aid to sectors and companies which could not have been imaginable previously. The EU has reacted extremely speedily. Under the Temporary Framework issued by the European Commission at the beginning of the pandemic a significant number of state aids has been approved. Although the Temporary Framework was adapted very quickly, the transitional rules ensure that state aids do not interfere with the functioning of the internal market except to the extent a necessary and proportionate. The present article highlights the various legal bases which can be invoked in the present COVID-19 pandemic situation for providing state aid, includes a comprehensive summary of every single state aid notified to the European Commission with respect to the effects of COVID-19 pandemic and presents numerous examples from the practice. |
Developments in European Law |
The First Ever Ultra Vires Judgment of the German Federal Constitutional Court: PSPPWill the Barking Dog Bite More Than Once? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | judicial dialogue, ultra vires, PSPP, German Federal Constitutional Court, infringement procedure |
Authors | Robert Böttner |
AbstractAuthor's information |
In May 2020, the German Federal Constitutional Court (FCC) delivered its judgment in the PSPP case. At first it seemed that it would be a remake of the Gauweiler/OMT case between the German Court and the CJEU. Shockingly, however, the German FCC decided that not only had the ECB acted ultra vires by failing to duly justify its PSPP decision, but it also found the CJEU to have delivered an incomprehensible and objectively arbitrary judgment by which the German Court was not bound. This case note not only traces the history of the PSPP proceedings, but it also tries to review the heavy criticism that the FCC’s verdict has garnered. In the context of European integration and due to the German FCC’s authority among supreme courts in Europe, it is a dangerous precedent, that the European Commission tries to curb through infringement proceedings. One can only hope that it will be settled for good and shall remain an unfortunate but singular incident. |
Public Health Emergency: National, European and International Law Responses |
Support for FamiliesA Way to Tackle COVID-19 and Its Implications in Hungary |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | family, children, vulnerable groups, social protection, housing benefits, labor market |
Authors | Éva Gellérné Lukács |
AbstractAuthor's information |
COVID-19 poses a huge challenge for families and children; their exposure to economic, social and mental hardship is considerable and is confirmed by several studies. The pandemic pushes governments to allocate resources to the economy, but it is equally important to invest in the future by supporting families and children. The article outlines general tendencies in the EU and reflects on Hungarian measures in this field. During the first, second and third waves of COVID-19, a wide range of measures were introduced in Hungary. By extending the eligibility periods of family benefits for families with small children (both social insurance contribution-based and universal benefits) approximately 40,000 families (households) were covered. During the first and second COVID-19 waves, not only did the government extend benefit eligibility, but it also announced several new or renewed measures related to cash benefits and housing for families with at least one economically active parent. During the third wave eligibility periods of family benefits have again been extended. On the other hand, the unemployment benefit system remained intact, labor market pitfalls were addressed by providing wage subsidies. |
Article |
Opposition in Times of COVID-19 – To Support or Not to Support? |
Journal | Politics of the Low Countries, Issue 2 2021 |
Keywords | minority government, rally-around-the-flag, COVID-19, mainstream parties, challenger parties, opposition, party goals |
Authors | Britt Vande Walle, Wouter Wolfs and Steven Van Hecke |
AbstractAuthor's information |
COVID-19 has hit many countries all over the world, and its impact on (party) politics has been undeniable. This crisis situation functions as an opportunity structure incentivising opposition forces to support the government. Not much is known about what drives opposition parties to (not) support the government in crisis situations. This article integrates the literature on rally-around-the-flag, political opportunity structures, party types and party goals. More specifically, we focus on the behaviour of opposition parties towards the government’s crisis response to the COVID-19 pandemic. We analyse whether and how the party type influences the position of the party vis-à-vis the governmental coalition, focusing on the case of Belgium. We categorise the seven opposition parties in Belgium as challenger or mainstream parties and explain their behaviour on the basis of policy-, office- or vote-seeking motives. Our analysis is based on party voting behaviour, elite interviews and an analysis of the main plenary debates. |
Article |
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Journal | Politics of the Low Countries, Issue 3 2021 |
Keywords | parliamentary committees, legislative organisation |
Authors | Tim Mickler |
AbstractAuthor's information |
In this article I analyse whether differences in formal committee structures affect how parliamentary actors organise their work within them. I compare the allocation of members to specialised committees in the Dutch House of Representatives (Tweede Kamer) and the Belgian Chamber of Representatives (Kamer van Volksvertegenwoordigers/Chambre des Représentants) to test whether committee assignments are given more serious consideration when committees are strong. Despite many similarities, both parliaments differ in their internal institutional arrangements: committees in the Chamber of Representatives are, at least formally, considerably more powerful than those in the Dutch Lower House. The article uses the congressional theories of legislative organisation as heuristic devices to deduce several rationales of the assignment process. The role of parliamentary party groups is highlighted. The results indicate the presence of stable, reoccurring patterns in both parliaments. Even in the House of Representatives, where committees present lower opportunity structures, assignments are given due consideration. |
Article |
The Praise for a ‘Caretaker’ LeaderGendered 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. |
Article |
Interest Representation in BelgiumMapping 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. |
Research Note |
Caretaker Cabinets in BelgiumA New Measurement and Typology |
Journal | Politics of the Low Countries, Issue 1 2021 |
Keywords | caretaker government, Belgium, cabinets, political crisis |
Authors | Régis Dandoy and Lorenzo Terrière |
AbstractAuthor's information |
Belgium is probably the world’s best known case of where caretaker governments reside. Yet a clear scholarly definition and measurement of this concept is missing. Based on a detailed analysis of the Belgian federal cabinets, this research note explores the main characteristics and measures the length of the various caretaker periods. We find that Belgium was governed for no less than 1,485 days by a caretaker government between 2007 and 2020, which equals more than four full calendar years. This research note also presents a novel typology of caretaker periods based on the institutional and political practice within the Belgian legislative and executive branches. This typology can be used to assess caretaker periods at other levels of government as well as in other countries in order to improve our understanding of the many ‘faces’ that a caretaker government can take on. |
Article |
Parliamentary Control of Delegated LegislationLessons from a Comparative Study of the UK Parliament and the Korean National Assembly |
Journal | European Journal of Law Reform, Issue 1 2021 |
Keywords | statutory instruments, delegated legislation, parliamentary control, parliamentary scrutiny, Korea |
Authors | Mikang Chae |
AbstractAuthor's information |
As the scale of administrative agencies expands and their functions become more specialized in the complex and variable administrative reality, delegated legislation has increased explosively. This article examines the need for the introduction of appropriate parliamentary controls to prevent harm caused by the flood of delegated legislation. Through comparison with the UK Parliament, this article identifies the relative position of the Korean National Assembly and presents measures to strengthen parliamentary scrutiny on delegated legislation. |
Article |
Reducing Ethnic Conflict in Guyana through Political Reform |
Journal | European Journal of Law Reform, Issue 1 2021 |
Keywords | Guyana, race, ethnic conflict, political power, constitutional reform |
Authors | Nicola Pierre |
AbstractAuthor's information |
This article discusses using constitutional reform to reduce ethnic conflict in Guyana. I start by exploring the determinants of ethnic conflict. I next examine Guyana’s ethnopolitical history to determine what factors led to political alignment on ethnic lines and then evaluate the effect of the existing political institutions on ethnic conflict. I close with a discussion on constitutional reform in which I consider a mix of consociationalist, integrative, and power-constraining mechanisms that may be effective in reducing ethnic conflict in Guyana’s ethnopolitical circumstances. |
Case Reports |
2021/4 Budget considerations can justify indirect discrimination (UK) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Discrimination General, Age Discrimination |
Authors | Carolyn Soakell |
AbstractAuthor's information |
If an employer has a policy which is indirectly discriminatory and the employer’s aim is no more than saving money, the Court of Appeal (CA) has ruled that this cannot justify the discrimination. However, needing to balance the books can potentially be a valid justification for indirect discrimination. |
Case Law |
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Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Pending Cases |
Case C-574/20, Social InsuranceXO – v – Finanzamt Waldviertel, reference lodged by the Bundesfinanzgericht (Austria) on 3 November 2020 |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Social Insurance |
Article |
Comments and Content from Virtual International Online Dispute Resolution Forum1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR) |
Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Authors | David Allen Larson, Noam Ebner, Jan Martinez e.a. |
Abstract |
For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations: |
Article |
A maximalist approach of restorative justice to address environmental harms and crimesAnalysing the Brumadinho dam collapse in Brazil |
Journal | The International Journal of Restorative Justice, Issue 1 2021 |
Keywords | environmental law, maximalist approach, restorative justice principles and concepts, decision-making process, sanctioning rules |
Authors | Carlos Frederico Da Silva |
AbstractAuthor's information |
In this article, the author analyses court cases arising from the rupture of the mining tailings dam in the city of Brumadinho, Brazil, on 25 January 2019. In a civil lawsuit context, legal professionals recognised damage to people and the environment during hearings involving a judge, prosecutors, lawyers and corporate representatives. The centrality of the victims’ interests and the need for remedial measures prevailed in the agreements signed mainly to provide urgent relief and restore damage to the ecosystem. In the criminal lawsuit dealing with the same facts, there have not yet been acquittals, non-prosecution agreements or convictions. By employing a socio-legal approach to contrast different types of legal reasoning, this article explores the possibilities of restorative responses in civil proceedings and explains the lack of them in criminal justice. In highlighting some characteristics of punishment theories that hinder a possible restorative justice approach, the article offers a critique of a penal system mostly linked to argumentative competition rather than persuasive conflict resolution. The author argues that jurisprudence should address transdisciplinary concepts, such as responsive regulation, restorative efforts, proportionality and individualisation of punishment. The discussion can shed light on the decision-making process to allow environmental restorative justice responses to crimes. |