The Federal Labour Court of Germany has continued to specify the requirements for the legality of age limits in employer-funded pension plans under German law. In this case, according to the Court, the employer could impose a maximum age of 55 as a requirement of entry to the company pension plan. |
Search result: 797 articles
Case Reports |
2022/4 Legal requisites for age thresholds in employer-funded pension plans (GE) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Age Discrimination |
Authors | Othmar K. Traber |
AbstractAuthor's information |
Research Note |
Mapping Cabinet Conflicts and Conflict FeaturesRefined Definitions, Coding Instructions and Results From Belgium (1995-2018) |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | cabinet conflict, coalition politics, Belgium |
Authors | Maxime Vandenberghe |
AbstractAuthor's information |
This research note presents new definitions, measurements and data of cabinet conflicts and conflict features. Particular attention is given to the ethno-territorial nature of conflicts. This approach can easily be applied to various sources, periods, policy levels and countries. As an example, this note describes a novel dataset that provides the most fine-grained picture of Belgian cabinet conflicts to date (N = 1,090; 1995-2018). |
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 |
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Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | Euroscepticism, parliaments, party competition, Belgium, federalism |
Authors | Jordy Weyns and Peter Bursens |
AbstractAuthor's information |
Euroscepticism has long been absent among Belgian political parties. However, since the start of the century, some Eurosceptic challengers have risen. This article examines the effect of Eurosceptic competition on the salience other parties give to the EU and on the positions these parties take in parliament. Using a sample of plenary debates in the federal and regional parliaments, we track each party’s evolution from 2000 until 2019. Our findings both contradict and qualify existing theories and findings on Eurosceptic competition. When facing Eurosceptic challengers, all parties raise salience fairly equally, but government and peripheral parties adopted (soft) Euroscepticism more often than other parties. |
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 |
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. |
Article |
Restorative justice training for judges and public prosecutors in the European Union: what is on offer and where are the gaps? |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | restorative justice, judicial training, judges, public prosecutors |
Authors | Ana Catarina Pereira, Britt De Craen and Ivo Aertsen |
AbstractAuthor's information |
Judges and public prosecutors across Europe continue to be the main source of referral of cases to restorative justice programmes organised in the context of the criminal justice system. As a result, the training of these two groups of legal professionals regarding what restorative justice is and what it can offer to victims, offenders and the community has for many years been identified as a priority for the development of restorative justice in the European Union (EU). However, little information is available about what actually exists in terms of judicial training on restorative justice within the national judicial training institutions responsible for the initial and/or continuous training of judges and/or public prosecutors. Therefore, we developed an online survey on judicial training on restorative justice and invited 38 judicial training institutions operating in the (then) 28 EU Member States to participate in our study. We were able to make relevant observations regarding the reasons for the non-existence of restorative justice training in most of the judicial training institutions studied and identify important elements of the architecture of the restorative justice training offered by the judicial training institution of Czech Republic. |
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 |
Promoting restorative justice as de jure punishment: a vision for a different future |
Journal | The International Journal of Restorative Justice, Issue 1 2022 |
Keywords | restorative justice, punishment |
Authors | Christian Gade |
AbstractAuthor's information |
Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may - contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice. |
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. |
Article |
Appendix 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 Esmee 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 |
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 |
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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 |
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 |
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. |
Article |
AI in the Legal ProfessionTeaching Robot Mediators Human Empathy |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ADR, AI, ML, mediation, digital technology, value alignment |
Authors | Linda Mochon Senado |
AbstractAuthor's information |
What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Global solidarity, Pandemics, Global Existential Threats, Collective Intelligence, CrowdLaw |
Authors | José Luis Martí |
AbstractAuthor's information |
Some of the existential threats we currently face are global in the sense that they affect us all, and thus matter of global concern and trigger duties of moral global solidarity. But some of these global threats, such as the COVID-19 pandemic, are global in a second, additional, sense: discharging them requires joint, coordinated global action. For that reason, these twofold global threats trigger political – not merely moral – duties of global solidarity. This article explores the contrast between these two types of global threats with the purpose of clarifying the distinction between moral and political duties of global solidarity. And, in the absence of a fully developed global democratic institutional system, the article also explores some promising ways to fulfill our global political duties, especially those based on mechanisms of collective intelligence such as CrowdLaw, which might provide effective solutions to these global threats while enhancing the democratic legitimacy of public decision-making. |