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Article

Dispute Resolution in the Chinese Belt and Road Initiative

The Role of Mediation

Journal Corporate Mediation Journal, Issue 2 2021
Keywords international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution
Authors Henneke Brink
AbstractAuthor's information

    With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested.


Henneke Brink
Henneke Brink is a Dutch lawyer, mediator, and owner of Hofstad Mediation. She carries out research and writes about topics concerning the relation between mediation and (inter)national formal justice systems.
Developments in European Law

The PSPP Judgment of the German Federal Constitutional Court

The Judge’s Theatre According to Karlsruhe

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords German Constitutional Court, basic law, ultra vires, European Central Bank, primacy of Union law
Authors Maria Kordeva
AbstractAuthor's information

    The PSPP decision of 5 May 2020 rendered by the German Federal Constitutional Court (FCC) does not constitute a break with the earlier jurisprudence of the FCC elaborated since the Lisbon Treaty judgment of 30 June 2009. Even though qualifying the acts of the Union as ultra vires has been likened to a warlike act, one should beware of hasty conclusions and look closely at the analysis of the Second Senate to form a moderate opinion of this decision decried by European and national commentators. Should the PSPP judgment of the Federal Constitutional Court be classified as “much ado about nothing”, despite the procedure started by the European Commission, or, on the contrary, will the CJEU in the next months, sanction Germany for its obvious affront to and breach of the principle of the primacy of Union law? The (final?) power grab between the European and national courts remains to be seen. We can criticize the German FCC that it put the fundamental principles of the Union in danger. Yet, it is worth reflecting on the possible encroachment of competences by European institutions, because, in this case, the red line between monetary policy and economic policy is more than thin.


Maria Kordeva
Maria Kordeva: PhD in Public Law (University of Strasburg/University of Constance), lecturer and research associate, Saarland University, Saarbrücken.
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
AbstractAuthor's information

    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.


Gábor Kártyás
Gábor Kártyás: associate professor of law, Pázmány Péter Catholic University, Budapest.
Developments in European Law

Applicability of the GDPR on Personal Household Robots

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords artificial intelligence, robots, personal data, GDPR, scenarios
Authors Gizem Gültekin Várkonyi
AbstractAuthor's information

    Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use.


Gizem Gültekin Várkonyi
Gizem Gültekin Várkonyi: junior research fellow, University of Szeged.
Developments in European Law

The Possibility of Using Article 72 TFEU as a Conflict-of-Law Rule

Hungary Seeking Derogation from EU Asylum Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords Article 72 TFEU, internal security, conflict of law, Common European Asylum System, relocation decisions
Authors Ágnes Töttős
AbstractAuthor's information

    The purpose of this article is to examine how the CJEU circumscribed the room for maneuver of Member States for safeguarding their internal security and whether the use of and reference to Article 72 TFEU changed over the past years. The starting point of the analysis is the Hungarian asylum infringement case: the article looks back at earlier case-law and identifies how the reference to Article 72 TFEU shifted from considering it an implementation clause to the attempts at using it as a conflict-of-law rule. Although the article finds that the CJEU reduced the scope of possibly using Article 72 TFEU as a conflict-of-law rule and practically excludes its application by the setting high standards for this unique form of application, the article examines some extreme situations from 2020 where it could be validly referred to.


Ágnes Töttős
Ágnes Töttős: senior government counselor, Government Office of the Prime Minister, Budapest.
Anniversary: Commemorating the 90th Birthday of Ferenc Mádl, President of the Republic (2000-2005)

Back to the Future: Ferenc Mádl, The Law of the European Economic Community (1974)

Investment Protection Then and Now

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords Ferenc Mádl, investment protection, SEGRO and Horváth, Achmea, BIT
Authors Miklós Király
AbstractAuthor's information

    The first part of the article (Sections 1-2) reviews Prof. Ferenc Mádl’s magnum opus, published in 1974, emphasizing the importance of the monograph’s publication in the communist era. It discusses the unique structure of the volume, which, from the perspective of undertakings and companies, examined the fundamental economic freedoms and EEC competition law in parallel. The second part (Sections 3-5) highlights the issue of investment protection, noting that Mádl’s early academic theorem has been vindicated decades later by the case-law of the CJEU, in particular in its SEGRO and Horváth judgment: Provisions ensuring free movement of capital serve to protect foreign investments as well.


Miklós Király
Miklós Király: professor of law, ELTE Law School, Budapest.
Review of Hungarian Scholarly Literature

Tamás Molnár, The Interplay Between the EU’s Return Acquis and International Law (Book Review)

Edward Elgar, Cheltenham, 2021, 272 p, ISBN 978-1-83910-522-7

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Authors Izabella Majcher
Author's information

Izabella Majcher
Izabella Majcher: senior legal officer, European Council of Refugees and Exiles (ECRE), Brussels.
Article

Access_open The Influence of Strategic Culture on Legal Justifications

Comparing British and German Parliamentary Debates Regarding the War against ISIS

Journal Erasmus Law Review, Issue 2 2021
Keywords strategic culture, international law, ISIS, parliamentary debates, interdisciplinarity
Authors Martin Hock
AbstractAuthor's information

    This article presents an interdisciplinary comparison of British and German legal arguments concerning the justification of the use of force against the Islamic State in Iraq and Syria (ISIS). It is situated in the broader framework of research on strategic culture and the use of international law as a tool for justifying state behaviour. Thus, a gap in political science research is analysed: addressing legal arguments as essentially political in their usage. The present work questions whether differing strategic cultures will lead to a different use of legal arguments. International legal theory and content analysis are combined to sort arguments into the categories of instrumentalism, formalism and natural law. To do so, a data set consisting of all speeches with regard to the fight against ISIS made in both parliaments until the end of 2018 is analysed. It is shown that Germany and the UK, despite their varying strategic cultures, rely on similar legal justifications to a surprisingly large extent.


Martin Hock
Martin Hock is Research Associate at the Technische Universität Dresden, Germany.
Pending Cases

Case C-311/21, Temporary Agency Work

CM – v – TimePartner Personalmanagement GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 18 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Temporary Agency Work

    The Craiova Court of Appeal has ruled that a trade union that organized an illegal strike was civilly liable for the entire prejudice caused to the employer due to the interruption of its business activity. The compensation will be calculated based on the damage incurred by the employer, regardless of whether the strike took place for only two hours, as in the case at hand, if the activity of the unit was disrupted for a longer period of time due to such strike action.


Andreea Suciu
Andreea Suciu is Managing Partner of Suciu | The Employment Law Firm.

Andreea Oprea
Andreea Oprea is an Associate at Suciu | The Employment Law Firm.
Article

Access_open Big Data Ethics: A Life Cycle Perspective

Journal Erasmus Law Review, Issue 1 2021
Keywords big data, big data analysis, data life cycle, ethics, AI
Authors Simon Vydra, Andrei Poama, Sarah Giest e.a.
AbstractAuthor's information

    The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.


Simon Vydra
Simon Vydra is a Researcher at the Institute for Public Administration, Leiden University, the Netherlands.

Andrei Poama
Andrei Poama is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Sarah Giest
Sarah Giest is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Alex Ingrams
Alex Ingrams is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Bram Klievink
Bram Klievink is Professor of Digitization and Public Policy at the Institute for Public Administration, Leiden University, the Netherlands.
Article

Opening an Absolute Majority A Typology of Motivations for Opening and Selecting Coalition Partners

Journal Politics of the Low Countries, Issue Online First 2021
Keywords negotiation, absolute majority, oversized coalition, motivations, local election
Authors Geoffrey Grandjean and Valentine Meens
AbstractAuthor's information

    Following the municipal elections in the Walloon Region (Belgium) on 14 October 2018, 189 political groups won an absolute majority. Twenty-two of these decided not to exercise power alone, but favoured the formation of an oversized coalition by integrating a minority partner. The aim of this article is to identify the motivations behind the formation of a local coalition when one of the partners has an absolute majority. Semi-structured interviews with mayors and leaders of political groups in these municipalities make it possible to identify the motivations for, first, the choice to open and, second, the choice of a minority partner. By distinguishing between necessary and supporting motivations, this article shows that the search for greater representation is a necessary motivation for the choice to open, whereas personal affinities and memories of the past are necessary motivations for choosing minority partners. By prioritising motivations, this article shows that.


Geoffrey Grandjean
Geoffrey Grandjean is Professor of Political Science at the Faculty of Law, Political Science and Criminology of the University of Liege and Director of the Institut de la decision publique.

Valentine Meens
Valentine Meens holds a master's degree in political science from the University of Liege.
Article

Access_open Enhanced Contact Rights for Grandparents? A Critical View from Spanish and Catalan Laws

Journal Family & Law, September 2021
Keywords Contact with grandchildren, Best interest of the child, Parental responsibilities
Authors prof. dr. J. Ribot Igualada
AbstractAuthor's information

    This article examines how Spanish and Catalan laws deal with claims of grandparents who seek contact with their grandchildren against the will of one or both parents, and the scope given to their rights. It starts by explaining the content and the goals of the legal reforms enacted in Spain at the beginning of the 21st century to promote grandparents’ interests. Then, it presents the case law developed in the interpretation of the relevant legal rules. The resulting state of the law is assessed, taking into account the interests of all the parties involved (parents, grandparents, and grandchildren). The experience of more than twenty years of application of the specific provisions concerning grandparents’ contact rights sheds light on the impact of giving grandparents stronger legal rights. However, it also prompts the question of whether this legislative choice might have brought about useless and potentially harmful litigation.


prof. dr. J. Ribot Igualada
Jordi Ribot Igualada is Professor of Civil Law at the Institute of European and Comparative Law and Director of the Institute of European and Comparative Private Law (University of Girona).
Article

Access_open The Resilience of Democracy in the Midst of the COVID-19 Pandemic

Democratic Compensators in Belgium, the Netherlands and France

Journal Politics of the Low Countries, Issue 2 2021
Keywords COVID-19, crisis-management, democratic compensators, exceptionalism
Authors Tom Massart, Thijs Vos, Clara Egger e.a.
AbstractAuthor's information

    Since January 2020, European countries have implemented a wide range of restrictions to contain the COVID-19 pandemic. Yet governments have also implemented democratic compensators in order to offset the negative impacts of restrictions. This article aims to account for the variation of their use between Belgium, the Netherlands and France. We analyse three drivers: the strength of counterpowers, the ruling parties’ ideological leanings and political support. Building on an original data set, our results distinguish between embedded and ad hoc compensators. We find that ad hoc compensators are championed mainly by counterpowers, but also by ideology of the ruling coalitions in Belgium and the Netherlands and used strategically to maintain political support in France. Evidence on the link between embedded compensators and counterpowers is more ambiguous.


Tom Massart
Tom Massart is a PhD candidate at ULB / CEVIPOL. His research mainly focuses on European economic governance.

Thijs Vos
Thijs Vos is a political scientist and research assistant at Groningen University.

Clara Egger
Clara Egger is assistant professor in international relations at Groningen University. She is currently leading the Exceptius project on Covid19 containment policies in Europe.

Claire Dupuy
Claire Dupuy is professor of comparative politics at UCLouvain. She specializes in comparative public policy with a focus on multilevel governance, federalism and regionalization processes.

Constance Morel-Jean
Constance Morel-Jean is a master’s student at Grenoble-Alpes University. She specialises in the study of political behaviour.

Raul Magni-Berton
Raul Magni-Berton is professor of political science at Grenoble-Alpes University, PACTE research unit. His research mainly focuses on democracy, its institutions and norms.

Sébastian Roché
Sebastian Roché is CNRS Research Professor at Grenoble-Alpes University, PACTE research unit. He specializes in policing and legitimacy studies.

    Deze analyse bespreekt uitvoerig de argumenten van voor- en tegenstanders van het wetsvoorstel ter versoepeling van de Belgische abortuswetgeving (2019-…). Het fel bediscussieerde wetsvoorstel beoogt het zelfbeschikkingsrecht van de zwangere persoon uit te breiden en abortus te destigmatiseren. Door vrijwillige zwangerschapsafbreking als gezondheidszorg te kwalificeren geven de indieners van het wetsvoorstel tevens de voorkeur aan een gezondheidsrechtelijk traject op maat van de zwangere persoon als patiënt. De inkorting van de wachtperiode-en het schrappen van abortusspecifieke informatieverplichtingen geven in die zin blijk van vertrouwen in de zwangere persoon, in het kwalitatief handelen van de zorgverlener en in de waarborgen die het gezondheidsrecht reeds biedt. De wetgever dient met andere woorden uit te maken (1) welke regels hij in de context van abortus nodig acht, (2) of deze regels reeds worden gewaarborgd door de algemene gezondheidswetten- en deontologie, en (3) of de vooropgestelde regels hun doel bereiken. Een uitbreiding van het zelfbeschikkingsrecht van de zwangere persoon wordt tevens bewerkstelligd door de termijnuitbreiding van twaalf naar achttien weken voor abortus op verzoek. Een keuze voor een termijn is steeds in zekere mate willekeurig, doch reflecteert een beleidsethische keuze waarbij wordt gezocht naar een evenwicht tussen de bescherming van ongeboren leven en het zelfbeschikkingsrecht van de zwangere persoon. Praktische bekommernissen vormen hierbij geen fundamenteel bezwaar tegen een termijnuitbreiding maar dienen, in overleg met de betrokken sector, te worden geanticipeerd en maximaal te worden opgevangen door middel van organisatorische (niet-noodzakelijk juridische) initiatieven. Ten slotte beogen de indieners van het wetsvoorstel opheffing van alle strafsancties voor vrijwillige zwangerschapsafbreking. Op rechtstheoretisch vlak blijven echter vragen bestaan omtrent de manier waarop dit voorstel een volledige depenalisering doorvoert. Hoewel het tuchtrecht enige rol kan spelen bij gebrek aan strafsancties, creëert de vooropgestelde depenalisering van ongeoorloofde zwangerschapsafbreking door een arts een rechtsonzekere situatie.
    ---
    This analysis extensively discusses the arguments of supporters and opponents of the legislative proposal to relax the Belgian abortion legislation (2019-…). The heavily debated proposal primarily aims to expand the pregnant person’s right to self-determination and to destigmatise abortion. By qualifying consensual termination of pregnancy as health care, the supporters of the proposal also prioritise an individualised, health-oriented approach towards the pregnant person as patient. In the same vein, the diminished waiting period and the removal of abortion-specific information duties express trust in the pregnant person, in the qualitative conduct of the health care provider, and in the guarantees that the health law already provides. In other words, the legislator must determine 1) which regulations it deems necessary in the context of abortion, 2) whether these regulations are already guaranteed by general health laws and ethics, and 3) whether the proposed regulations achieve their intended purpose. An expansion of the pregnant person’s right to self-determination is also achieved by the extension from twelve to eighteen weeks as a limit for abortion on request. Although a time limit is always arbitrary to some extent, it mainly reflects a policy-ethical decision in which a balance is sought between the protection of unborn life and the pregnant person’s right to self-determination. Practical concerns do not establish a fundamental objection to the extension of such limit, but must, in consultation with the medical profession, be anticipated and dealt with as much as possible by means of organisational (not necessarily legal) initiatives. Finally, the proposal lifts all criminal sanctions currently applicable to consensual termination of pregnancy. On a legal-theoretical level, however, questions remain about the way in which the proposal implements full depenalisation. Although disciplinary law can play some role in the absence of criminal sanctions, the depenalisation of unlawful termination of pregnancy by a health care professional produces legal uncertainty.


F. De Meyer
Fien De Meyer doet doctoraatsonderzoek naar regelgeving inzake abortus aan de Universiteit van Antwerpen.

C. De Mulder
Charlotte De Mulder doet doctoraatsonderzoek naar het statuut van ongeboren leven aan de Universiteit van Antwerpen.
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 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).
Article

Access_open What does it mean to be ‘illiberal’?

Journal Netherlands Journal of Legal Philosophy, Issue 1 2021
Keywords Liberalism, Illiberalism, Illiberal practices, Extremism, Discrimination
Authors Bouke de Vries
AbstractAuthor's information

    ‘Illiberal’ is an adjective that is commonly used by scholars. For example, they might speak of ‘illiberal cultures’, ‘illiberal groups’, ‘illiberal states’, ‘illiberal democracies’, ‘illiberal beliefs’, and ‘illiberal practices’. Yet despite its widespread usage, no in-depth discussions exist of exactly what it means for someone or something to be illiberal, or might mean. This article fills this lacuna by providing a conceptual analysis of the term ‘illiberal practices’, which I argue is basic in that other bearers of the property of being illiberal can be understood by reference to it. Specifically, I identify five ways in which a practice can be illiberal based on the different ways in which this term is employed within both scholarly and political discourses. The main value of this disaggregation lies in the fact that it helps to prevent confusions that arise when people use the adjective ‘illiberal’ in different ways, as is not uncommon.


Bouke de Vries
Bouke de Vries is a postdoctoral research fellow at Umeå University and the KU Leuven.
Article

Corporate Mediation and Company Law

State of the Art, Recent Trends and New Opportunities

Journal Corporate Mediation Journal, Issue 1 2021
Keywords corporate dispute, enforcement, mediation clause, stakeholders, sustainability, sustainable development
Authors Valentina Allotti
AbstractAuthor's information

    This article describes the legal framework on corporate mediation in Italy with a particular focus on the effects of the mediation clauses included in company by-laws. The available data on the use of corporate mediation indicate that such clauses are not commonly used. There is still resistance among the parties in a dispute to engage in dialogue through mediation, not only where corporate disputes are concerned. The author suggests that one way to expand the use of mediation would be to promote the introduction of mediation clauses in the articles of association of companies. She also suggests that recent trends in company law, notably the emergence of sustainability issues, related to the impact of business activity on the environment and society, and more broadly on human rights, may create new opportunities for the use of mediation to prevent and solve corporate-related disputes.


Valentina Allotti
Valentina Allotti is a Senior Legal Policy Officer, Capital Markets and Listed Companies Area, Assonime. Views expressed by the author are her own and do not necessarily represent those of Assonime.
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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