Various of our academic board analysed employment law cases from last year. |
Search result: 1535 articles
Case Law |
2022/1 EELC’s review of the year 2021 |
Journal | European Employment Law Cases, Issue 1 2022 |
Authors | Niklas Bruun, Filip Dorssemont, Zef Even e.a. |
Abstract |
Case Reports |
2022/10 Labour Tribunal of Brussels decides that Deliveroo riders are self-employed workers and not employees (BE) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Employment Status |
Authors | Gautier Busschaert |
AbstractAuthor's information |
Working as a rider for the Deliveroo platform is a professional activity that can be performed as a self-employed worker, the Labour Tribunal of Brussels has decided, which also ruled out the possibility of Deliveroo riders enjoying the fiscally beneficial status available for workers active on electronic platforms of the collaborative economy (or ‘sharing economy’). |
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 |
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. |
Article |
Fit for Office? The Perception of Female and Male Politicians by Dutch Voters |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | political underrepresentation, gender stereotypes, role incongruity, candidate evaluation, experimental vignette study |
Authors | Rozemarijn E. van Dijk and Joop van Holsteyn |
AbstractAuthor's information |
The underrepresentation of women in politics is a worldwide phenomenon and the Netherlands fit the pattern: about 39% of the Dutch MPs are female. Based on social role incongruity theory, it is expected that female politicians are evaluated more negatively than male politicians since women do not fit the dominant male politician role. However, most research is conducted in the United States, that is, a candidate-centred system where individual characteristics play an important role. This article focuses on the party-centred parliamentary context in which we examine (1) whether gender stereotypes are present among citizens and (2) to what extent these stereotypes influence the evaluation of politicians. We do this by conducting an experimental vignette survey design. We find that at the mass level there is no difference between the evaluation of male and female politicians, although gender stereotypes are present. |
Article |
Morality in the Populist Radical RightA Computer-Assisted Morality Frame Analysis of a Prototype |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | Populist radical right, morality, frame analysis, word2vec, crimmigration |
Authors | Job P.H. Vossen |
AbstractAuthor's information |
This article provides a computer-assisted morality framing analysis of Vlaams Belang’s 2019 manifesto. The VB is regarded in the literature as a prototypical example of the Populist Radical Right (PRR). We first concisely review what PRR politics is and what it consists of, tentatively distinguishing four elements that we hypothesise will materialise in corresponding subframes running throughout the manifesto. We point to a mismatch between the omnipresent role of morality in all PRR subframes and the little attention devoted to the concept in the PRR literature. We introduce a useful theory from social psychology into framing literature to create a novel methodological approach to frame analysis that builds a bridge between a qualitative content and a quantitative context approach. The results support our hypothesis that populism, nationalism, nativism and authoritarianism can be distinguished from one another. Additionally, we detect a fifth PRR subframe, crimmigration, by its unique role of morality. |
Article |
Meetings between victims and offenders suffering from a mental disorder in forensic mental health facilities: a qualitative exploration of their subjective experiences |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | Victim-offender meetings, restorative justice, forensic mental health, victimology, perception |
Authors | Mariëtte van Denderen and Michiel van der Wolf |
AbstractAuthor's information |
Most studies about victim-offender meetings have been performed within prison populations, with little reference to offenders diagnosed with mental disorders. In establishing the effects of such meetings, these studies often use quantitative measures. Little is known about meetings between victims and offenders with mental disorders and about the more qualitative subjective experiences of the participants regarding these meetings. In this interview study, we inquired into the subjective experiences of sixteen participants in victim-offender meetings, six of whom are victims and ten offenders of severe crimes, currently residing in forensic mental health facilities. Topics of the interviews included benefits of the meeting and perceptions of each other prior to and after the meeting. Important benefits that participants experienced from meeting each other were reconnecting with family, processing the offence and contributing to each other’s well-being. Such benefits are comparable to those mentioned in studies on meetings with offenders without a mental disorder, challenging the practice that mentally disordered offenders are often excluded from such meetings. Most victims experienced a positive change in perception of the offender owing to the meeting. They perceived the offender as a human being and associated him less exclusively with his offence. Implications for clinical practice are addressed. |
Editorial |
Restorative spaces: how does the organisation of space contribute to the experience of justice? |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | David Tait and Munzer Emad |
Author's information |
Article |
Is a whole-school approach necessary? The potential for alternative models of restorative justice in education |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Keywords | restorative justice, procedural justice, student voice |
Authors | Heather Norris |
AbstractAuthor's information |
Evaluations of restorative justice frequently report that only a minority of schools succeed in adopting a whole-school approach. More common are a consortium of practices necessitating the evaluation of schools not implementing the whole-school model but still achieving positive results. Previous research established that unconventional models have successful outcomes, yet little is known about the contextual factors and the causal mechanisms of different practices. This study finds that models of restorative justice facilitating student voice and consequently procedural justice have promising outcomes. Importantly, alternative models may be less resource-intensive, making them more feasible to fully implement. |
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 |
Author's information |
In Memoriam |
Elmar G.M. Weitekamp (1954‒2022): opening the windows of crime and justice studies to the world |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Authors | Stephan Parmentier and Mina Rauschenbach |
Author's information |
Article |
The case for using culturally relevant values in restorative justice programming for Australian Aboriginal prisoners |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | Australia, Aboriginal, prison, values, restorative justice |
Authors | Jane Anderson |
AbstractAuthor's information |
Western Australia is experiencing high rates of recidivism among Aboriginal offenders. This challenge can be partly addressed by delivering culturally relevant programming. Its dearth, however, suggests two questions: what is culturally fit in the context of the prison, and how might such programming be constructed? This article responds to these questions by focusing on one element of culture, ‘values’, that is influential ideas that determine desirable courses of action in a culture. Firstly, a review of the literature and comparative analysis is given to the respective key values of Aboriginal culture and European and Anglo-Australian cultures. It also highlights the importance of repairing Aboriginal values with implications for providing culturally relevant prison programming. Secondly, a report is given on how an in-prison Aboriginal restorative justice programme (AIPRJP) was co-designed by Noongar Elders and prisoners and me, an Anglo-Australian restorativist. Using an ethnographic approach, the project identified a set of Aboriginal values for addressing the harms resulting from historical manifestations of wrongdoing by settler colonialism and contemporary crimes of Aboriginal offenders. Brief commentary is then given to the delivery of the AIPRJP, followed by a summary of findings and recommendations for using culturally relevant programming. |
Article |
Diversion and restorative justice in the context of juvenile justice reforms in Indonesia, Thailand, the Philippines and Vietnam |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | children’s rights, juvenile justice, restorative justice, diversion, implementation challenges, Thailand, Vietnam, Indonesia, the Philippines |
Authors | Le Thu Dao, Le Huynh Tan Duy, Ukrit Sornprohm e.a. |
AbstractAuthor's information |
Diversion is an important vehicle for delivering an alternative model of youth justice, one that is, hopefully, grounded in principles of children’s rights and restorative justice. Several Asia-Pacific countries, often with international assistance, have sought to develop alternative processes and programmes to which children in conflict with the law can be diverted to. In some instances, these have included restorative justice programmes. This article provides an overview of the implementation of a restorative justice approach, as a youth justice diversion measure, in four South-East Asian countries: Indonesia, Thailand, the Philippines and Vietnam. It describes juvenile justice reforms in these countries, particularly as they relate to the implementation of diversion and restorative justice and reflects on the factors that may have affected the success of these reforms. Every one of these countries has achieved a measure of success in implementing diversion and restorative justice, although restorative justice has occupied a different place in these reforms. The article offers a general overview of key challenges and notable successes encountered during that process, as well as an opportunity to consider the role of tradition, culture and public expectations in the implementation of restorative justice principles in the context of juvenile justice. |
Article |
Towards a restorative justice approach to white-collar crime and supra-individual victimisation |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | restorative justice, white-collar crimes, supra-individual victimisation, spokespersons at restorative meetings, eligibility criteria |
Authors | Daniela Gaddi and María José Rodríguez Puerta |
AbstractAuthor's information |
This work examines the feasibility of extending the implementation of restorative justice to the field of white-collar crime for a specific class of victimisation: that which people experience as a group (i.e. supra-individual victimisation). For this purpose, we analyse some key issues and outline a number of criteria for determining who would be able to speak on behalf of supra-individual victims of white-collar crime in restorative meetings. Some initial proposals are offered, based on four types of supra-individual victimisation, which would provide a framework for the selection of spokespersons who could attend restorative meetings in restoratively oriented criminal proceedings. |
Article |
Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and OnlineThe Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building |
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | mediation, Greece, special forms, mandatory, online, informal types |
Authors | Dimitris Emvalomenos |
Author's information |
Article |
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Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | evaluative mediation, deployment, hybrids |
Authors | Martin Brink |
AbstractAuthor's information |
Part II of this article addresses the question of how evaluative mediation may be used in practice. What guidelines are available to a mediator who considers crossing the line between facilitation and evaluation? |
Article |
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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. |
Article |
Preparing Mediators for Text-Based Mediations on ODR Platforms |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems |
Authors | Joseph van ’t Hooft, Wan Zhang and Sarah Mader |
AbstractAuthor's information |
The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations. |
Article |
Negotiating Virtually: Overcoming Challenges Posed by the COVID-19 Pandemic |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ODR, negotiation, mediation, COVID-19, virtual |
Authors | Alexandra Carlton |
AbstractAuthor's information |
The emergence of a new virtual world during the COVID-19 pandemic has jeopardized essential elements of the negotiation process. Although online dispute resolution (ODR) may come with some advantages, it also poses significant difficulties, threatening the ability of negotiators to zealously represent their clients’ interests. The shift to a virtual world has hindered parties’ ability to prepare properly, to develop rapport and trust with one another and effectively manage their time, especially for those previously unfamiliar with ODR. This essay proposes solutions to help negotiators overcome the challenges posed by negotiating virtually, during and after COVID-19. Our world has been irrevocably changed, and many of the things that once seemed foreign are here to stay. |
Article |
The Use of Technology (and Other Measures) to Increase Court CapacityA View from Australia |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function |
Authors | Felicity Bell, Michael Legg, Joe McIntyre e.a. |
AbstractAuthor's information |
The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension. |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | online dispute resolution (ODR), e-commerce, international dispute resolution, international law, United States, China, European Union, Australia, alternative dispute resolution (ADR), online platforms |
Authors | Teresa Ballesteros |
AbstractAuthor's information |
This article will examine Online Dispute Resolution (ODR) from several perspectives to provide a comprehensive understanding of the global efforts to incorporate ODR in the e-commerce scope. Upon examining the nature and growth of both e-commercial activities and ODR, there will be an analysis from an international standpoint, where the article will discuss the relevant bodies and the progression of uniform standards in this regard. This is followed by an analysis of several jurisdictions, namely the United States, China, European Union and Australia. Finally, the essay will provide suggestions andrecommendations for the implementation of ODR. |