Restorative justice has been criticised for not adequately giving serious consideration to the ‘public’ character of crimes. By bringing the ownership of the conflict involved in crime back to the victim and thus ‘privatising’ the conflict, restorative justice would overlook the need for crimes to be treated as public matters that concern all citizens, because crimes violate public values, i.e., values that are the foundation of a political community. Against this I argue that serious wrongs, like murder or rape, are violations of agent-neutral values that are fundamental to our humanity. By criminalising such serious wrongs we show that we take such violations seriously and that we stand in solidarity with victims, not in their capacity as compatriots but as fellow human beings. Such solidarity is better expressed by organising restorative procedures that serve the victim’s interest than by insisting on the kind of public condemnation and penal hardship that retributivists deem necessary ‘because the public has been wronged’. The public nature of crimes depends not on the alleged public character of the violated values but on the fact that crimes are serious wrongs that provoke a (necessarily reticent) response from government officials such as police, judges and official mediators. |
Search result: 308 articles
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Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Keywords | public wrongs, R.A. Duff, agent-relative values, criminalisation, punishment |
Authors | Theo van Willigenburg |
AbstractAuthor's information |
Notes from the field |
The Parents Circle-Families Forum – Israeli Palestinian bereaved families for peace: voices and actions from the field of the encounter |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | Claudia Mazzucato |
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Editorial |
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Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Authors | John Braithwaite |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
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This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
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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. |
Case Reports |
2021/39 Lapse of the right to paid annual leave: how does Max Planck apply to a manager? (NL) |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Authors | Tessa van der Stel |
AbstractAuthor's information |
The Arnhem Court of Appeal has examined whether an employee was reasonably able to take leave, applying the ECJ’s Max Planck and Kreuziger judgments. According to the Court, the employer did not violate its obligation to inform the employee regarding the lapse of the right to paid annual leave. The Court stated that the employee was reasonably able to take leave, despite being incapacitated for work due to sickness. The Court ruled that the employee was not entitled to an allowance in lieu of untaken paid annual leave, as the right to such leave had lapsed. |
Rulings |
ECJ 9 December 2021, case C-217/20 (Staatssecretaris van Financiën (Rémunération pendant le congé annuel payé)), Paid LeaveXXXX – v – Staatssecretaris van Financiën, Dutch case |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Abstract |
If a worker takes annual leave when he is incapacitated for work due to illness, he is entitled to his full salary rather than a reduced amount which he is entitled to during illness. |
Rulings |
ECJ 25 November 2021, case C-233/20 (job-medium), Paid LeaveWD – v – job-medium GmbH in liquidation, Austrian case |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Abstract |
Directive 2003/88 precludes provisions which deny a worker an allowance in lieu for untaken leave when his employment relationship ends, even if the employee terminated it without good cause. |
Case Reports |
2021/40 School director and loss of right to leave due to non-fulfilment of duties (RO) |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Authors | Andreea Suciu and Teodora Mănăilă |
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The Dolj Tribunal has ascertained that a former employee, while acting as school director, by not fulfilling her obligations to schedule the annual leave of school teachers, including herself, cannot claim against the school as the employer for not providing the opportunity to take the annual leave or to inform of the possibility of losing such right. Furthermore, such actions of the former director will lead to the loss of the right to request compensation in case of termination of employment. |
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Journal | Erasmus Law Review, Issue 3 2021 |
Keywords | needs for safety, victim impact statements, legislation, Empirical Legal Studies, privacy protection |
Authors | Marijke Malsch |
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Various laws, guidelines and other types of regulation have been created that introduced new rights worldwide for victims of crime. Many of these rights focus on active victims who wish to step into the open and to orally express their views and experiences in court. Rights and wishes to remain in the background and to preserve one’s privacy received less attention. This article focuses primarily on the wishes of victims that reveal their intention to not play an active role in the criminal process, and on victims who fear an invasion of their safety and privacy. According to the literature, such wishes and needs can be considered to be fundamental. The article questions the empirical basis for the present victim legislation: are the new laws that have been created over the decades founded on empirically established victim needs, or on presumed victim needs? The article concludes with a plea for a more extensive use of empirical findings that shed light on victim wishes in the legislation and the criminal process. |
Article |
Sustainability in Global Supply Chains Under the CISG |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | CISG, sustainability, supply chains, UN Global Compact, Codes of Conduct, conformity of the goods |
Authors | Ingeborg Schwenzer and Edgardo Muñoz |
AbstractAuthor's information |
In this article, the authors assert that the United Nations Convention for the International Sale of Goods (CISG) can contribute to tackling gaps in statutory legislation and defective business conduct that have been associated with unsustainable trade in Global Supply Chains (GSCs). The authors provide evidence that the CISG contains rules enabling a general legal framework for establishing uniform sustainable standards for goods concerning suppliers, sellers and buyers located in different countries. For instance, the CISG provisions on contract formation ease the incorporation of joint codes of conduct for sustainable trade in GSCs. In addition, the contracting parties’ circumstances and current trade usages are now more relevant to determine what constitutes conformity of the goods under the contract and the default warranties in Article 35 CISG. On the level of remedies, the authors show that best-efforts provisions, possibly included in a code of conduct or inferred from standards applicable to the goods, may redefine the notion of impediment in Article 79 CISG, which could lead to exoneration of liability for the seller. They also demonstrate why fundamental breach and the calculation of damages are at the centre of the discussion regarding the remedies for breach of an obligation to deliver sustainable goods. |
Anniversary: Commemorating the 90th Birthday of Ferenc Mádl, President of the Republic (2000-2005) |
Ferenc Mádl, the Hungarian Professor of European Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | Ferenc Mádl, private international law, Central Europe, V4, Hungary |
Authors | Endre Domaniczky |
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Living in a country under foreign occupation he became engrossed in the science of private law, and (under the influence and with the support of his masters) he started to study the characteristics of socialist, and later of Western European legal systems. Within the socialist bloc, he became one of the early experts on Common Market law, who, following an unexpected historical event, the 1989 regime change in Hungary, was also able to make practical use of his theoretical knowledge for the benefit of his country. In 2021, on the 90th anniversary of his birth and the 10th anniversary of his death, the article remembers Ferenc Mádl, legal scholar, member of the Hungarian Academy of Sciences, minister in the Antall- and Boross governments, former President of Hungary. |
Developments in European Law |
Whose Interests to Protect?Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law |
Authors | Gábor Kártyás |
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The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion. |
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 |
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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. |
Rulings |
ECJ 30 September 2021, case C-285/20 (Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)), Social InsuranceK – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv), Dutch Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Social Insurance |
Abstract |
Article 65 (2 and 5) must be interpreted as applying to applicants who received sickness benefits in another member state if the social security legislation of the competent member state equates receiving sickness benefits to the pursuit of an activity. |
Article |
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Journal | Family & Law, September 2021 |
Keywords | Grandparents, Grandchildren, Family life, Contact, Best interests of the child, Child's views |
Authors | Prof. K. Sandberg |
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The article explores the extent of the right to family life under Article 8 ECHR with regard to contact between grandparents and grandchildren. An analysis of decisions from the European Court of Human Rights shows that although such a right may exist, it is not strong and depends heavily on the circumstances of the specific case. The article points to what seems to be an inconsistency in the Courts approach to these cases and questions the position of the children and their views and best interests. |
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Journal | The International Journal of Restorative Justice, Issue 2 2021 |
Keywords | temporality, transitional justice, restorative justice, Chile, ongoingness, multilayeredness & multidirectionality |
Authors | Marit de Haan and Tine Destrooper |
AbstractAuthor's information |
Assumptions of linear progress and a clean break with the past have long characterised transitional justice interventions. This notion of temporality has increasingly been problematised in transitional justice scholarship and practice. Scholars have argued that a more complex understanding of temporalities is needed that better accommodates the temporal messiness and complexity of transitions, including their ongoingness, multilayeredness and multidirectionality. Existing critiques, however, have not yet resulted in a new conceptual framework for thinking about transitional temporalities. This article builds on insights from the field of restorative justice to develop such a framework. This framework foregrounds longer timelines, multilayered temporalities and temporal ecologies to better reflect reality on the ground and victims’ lived experiences. We argue that restorative justice is a useful starting point to develop such a temporal framework because of its actor-oriented, flexible and interactive nature and proximity to the field of transitional justice. Throughout this article we use the case of Chile to illustrate some of the complex temporal dynamics of transition and to illustrate what a more context-sensitive temporal lens could mean for such cases of unfinished transition. |
Book Review |
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Journal | Netherlands Journal of Legal Philosophy, Issue Pre-publications 2021 |
Authors | Lukas van den Berge |
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Case Reports |
2021/20 Qualification of on-call duty as actual working time (LU) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Working Time |
Authors | Michel Molitor |
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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. |
Case Reports |
2021/24 Supreme Court confirms that Uber drivers are ‘workers’ (UK) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Employment Status, Working Time |
Authors | Colin Leckey |
AbstractAuthor's information |
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. |