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Article

Truly Exceptional? Participants in the Belgian 2019 Youth for Climate Protest Wave

Journal Politics of the Low Countries, Issue Online First 2022
Keywords protest, participation, inequality, climate change, Fridays For Future
Authors Ruud Wouters, Michiel De Vydt and Luna Staes
AbstractAuthor's information

    In 2019, the world witnessed an exceptional wave of climate protests. In this case study, we scrutinise who participated in the protests staged in Belgium. We ask: did the exceptional mobilising context of the 2019 protest wave also bring exceptional protesters to the streets? Were thanks to the unique momentum standard barriers to protest participation overcome? We answer these questions by comparing three surveys of participants in the 2019 protest wave with three surveys of relevant reference publics. Our findings show that while the Belgian 2019 protest was in many ways exceptional, its participants were less so. Although participants – especially in the early phase of the protest wave – were less protest experienced, younger and unaffiliated to organisations, our findings simultaneously confirm the persistence of a great many well-known socio-demographic and political inequalities. Our conclusion centres on the implications of these findings.


Ruud Wouters
Ruud Wouters, PhD, is a postdoctoral researcher at the University of Antwerp. He studies protest participation and the impact of protest on media, public opinion and politics.

Michiel De Vydt
Michiel De Vydt is a PhD student at the University of Antwerp. He studies the micro-level predictors and outcomes of interpersonal protest recruitment.

Luna Staes
Luna Staes is a PhD student at the University of Antwerp. She studies how protest affects public opinion in the hybrid media environment. All authors are members of research group Media, Movements & Politics (M²P) at the political science department of the University of Antwerp.

    In 2019, the world witnessed an exceptional wave of climate protests. In this case study, we scrutinise who participated in the protests staged in Belgium. We ask: did the exceptional mobilising context of the 2019 protest wave also bring exceptional protesters to the streets? Were thanks to the unique momentum standard barriers to protest participation overcome? We answer these questions by comparing three surveys of participants in the 2019 protest wave with three surveys of relevant reference publics. Our findings show that while the Belgian 2019 protest was in many ways exceptional, its participants were less so. Although participants – especially in the early phase of the protest wave – were less protest experienced, younger and unaffiliated to organisations, our findings simultaneously confirm the persistence of a great many well-known socio-demographic and political inequalities. Our conclusion centres on the implications of these findings.


Bas van Zelst
Prof. dr. Bas van Zelst is professor of Dispute Resolution & Arbitration at Maastricht University. He practices law at Van Doorne N.V. in Amsterdam, the Netherlands.
Article

How Pilots Reach for the Sweet Spot of Conflict

Journal Corporate Mediation Journal, Issue 1 2022
Keywords positive work climate, communication, beginning conflict
Authors Eva van der Fluit
AbstractAuthor's information

    Both on the ground and in the air, attention to detail can make all the difference between safety and disaster. Focused on pilots, Eva van der Fluit investigates what is needed in order to align the perspectives of all professionals they collaborate with so as to facilitate solid judgment and sound sense-making as the basis for their actions. This can lead to disagreements and conflict, which is not necessarily bad when they can manage, constructively, the pinnacle of differing paradigms at crucial moments. This can be defined as the sweet spot of conflict. This spot represents the essential moment at which all perspectives come to the table, are exchanged and lead to new insights. It takes special skills to manage such a process, many of which can be seen as mediation skills. If pilots, most often the captain, can successfully keep the communication process focused on the content and if they do not make it personal, the sweet spot may result in achieving a coordinated outcome, supported by all involved. The way pilots manage what is known as beginning conflict (as distinct from escalated conflict) has attracted the attention of other professionals such as doctors, lawyers, accountants and board members. Even at the lowest level of an organisation, important lessons may be learnt from the best practices developed in the airline industry.


Eva van der Fluit
Eva van der Fluit is an independent management consultant, supporting professionals such as pilots, doctors, accountants and board members. In her PhD study, she analysed how KLM pilots manage conflict in the cockpit. In the interest of brevity, however, this article includes only a passing reference to this aspect of her work, and those interested in further exploring this theme are referred to her original work. See Professionals and ‘the sweet spot of conflict’, An ethnographic study of pilots. Van der Fluit M.E. (2016). Utrecht University. https://dspace.library.uu.nl/handle/1874/325587.
Article

Access_open Magnifying the Power of the Mediators’ Green Pledge

Journal Corporate Mediation Journal, Issue 1 2022
Keywords Mediators’ Green Pledge, World Mediators’ Alliance on Climate Change
Authors Anna Doyle
AbstractAuthor's information

    Taking the Green Pledge presents a timely opportunity for mediators, and the corporations that use their services, to come together and maximise their effectiveness. Mobilising collective effort among the global mediation community can not only help to keep mediation uppermost in people’s minds as an option in the resolution of conflict but may also serve to make up, in some small way, the shortfall that arises through prolonged use of oil, gas and coal, in the face of global uncertainty.


Anna Doyle
Anna (Walsh) Doyle is an International Mediator & CMJ Editorial Board member. She is also an external Mediator on the Global Mediation Panel at the Office of the Ombudsman for UN Funds and Programmes.
Book Review

Reviewing Power for All, How It Really Works and Why It’s Everyone’s Business

Or, One More Book Added to My List of Favourite Books

Journal Corporate Mediation Journal, Issue 1 2022
Authors Martin Brink
Author's information

Martin Brink
Martin Brink PhD is Editor in Chief of this Journal and mediator and arbitrator at Utrecht and The Hague, The Netherlands.
Article

Access_open De ventielfunctie van de artikel 12 Sv-procedure: van georganiseerd wantrouwen naar gezamenlijk politiek project?

Journal Netherlands Journal of Legal Philosophy, Issue Pre-publications 2022
Keywords Article 12-procedure, principle of opportunity, liberalism, judicial activism, democratic legitimacy
Authors Sophie Koning
AbstractAuthor's information

    Originally, Article 12 of the Dutch Code of Criminal Procedure was intended as a correction mechanism for the prosecution monopoly of the Public Prosecution Service. In a later stage, the private interest of complainants (or victims) became more central. This article argues that a third function now emerges: a valve function for social dissatisfaction. The social conflicts that underly the proceedings in these socially sensitive cases give rise to new democratic legitimacy problems. However, an appropriate normative framework that captures these new democratic demands has not yet been constructed. To this end, this article provides an alternative democratic vocabulary in order to bridge the gap between empirical and normative notions of legitimacy. By means of a historical and normative analysis, it will be argued that Article 12 has an important democratic potential within the characteristically autonomous Dutch system of criminal law.


Sophie Koning
Sophie Koning is promovendus aan de Universiteit Leiden.
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

    Various of our academic board analysed employment law cases from last year.


Niklas Bruun

Filip Dorssemont

Zef Even

Ruben Houweling

Marianne Hrdlicka

Anthony Kerr

Attila Kun

Jean-Philippe Lhernould

Daiva Petrylaitė

Luca Ratti

Jan-Pieter Vos

    In a case arising from the sudden collapse of a construction company, the Employment Appeal Tribunal has confirmed the limited scope of the ‘special circumstances’ defence for not consulting on collective redundancies.


David Hopper
David Hopper is a partner at Lewis Silkin LLP.

Kerry Salisbury
Kerry Salisbury is an associate at Lewis Silkin LLP.
Rulings

ECJ 13 January 2022, case C-514/20 (Koch Personaldienstleistungen), Paid Leave

DS – v – Koch Personaldienstleistungen GmbH, German case

Journal European Employment Law Cases, Issue 1 2022
Keywords Paid Leave
Abstract

    Periods of annual leave must be taken into account when calculating whether an employee reached the threshold to be entitled to overtime payments.

Case Reports

Access_open 2022/2 Unions have no veto over employer negotiations with staff (UK)

Journal European Employment Law Cases, Issue 1 2022
Keywords Collective Agreements
Authors David Hopper and Kerry Salisbury
AbstractAuthor's information

    The Supreme Court has confirmed that recognised trade unions do not have a veto over employers making direct offers to their members to change terms and conditions of employment. Employers must, however, follow and exhaust the collective bargaining processes with their recognised unions before they may make direct offers with a view to resolving an impasse that has arisen.


David Hopper
David Hopper is a partner at Lewis Silkin LLP.

Kerry Salisbury
Kerry Salisbury is an associate at Lewis Silkin LLP.
Rulings

ECJ 3 March 2022, case C-590/20 (Presidenza del Consiglio dei Ministri e.a. (Médecins spécialistes en formation)), Free Movement, Work and Residence Permit

Presidenza del Consiglio dei Ministri and Others – v – UK, IG and others, Italian case

Journal European Employment Law Cases, Issue 1 2022
Keywords Free Movement, Work and Residence Permit
Abstract

    Medical students who started their training before directive 82/76 was adopted (29 January 1982) and continued with this training after the directive came into force (1 January 1983) are entitled to remuneration for this training, provided that the training meets the applicable criteria.

Pending Cases

Case C-731/21, Social Insurance

GV – v – Caisse nationale d’assurance pension, reference lodged by the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) on 1 December 2021

Journal European Employment Law Cases, Issue 1 2022
Keywords Social Insurance
Rulings

ECJ 3 March 2022, case C-162/20 P (WV v EEAS), Miscellaneous

WV – v – European External Action Service, EU case

Journal European Employment Law Cases, Issue 1 2022
Keywords Miscellaneous
Abstract

    Internal EU case. Imposed sanctions on a EU offical found null and void.

Pending Cases

Case C-731/21, Miscellaneous, Fundamental Rights

DM – v – Azienda Ospedale-Università di Padova, reference lodged by the Tribunale ordinario di Padova (Italy) on 13 December 2021

Journal European Employment Law Cases, Issue 1 2022
Keywords Miscellaneous, Fundamental Rights
Rulings

ECJ 18 January 2022, case C-261/20 (Thelen Technopark Berlin), Other Forms of Free Movement

Thelen Technopark Berlin GmbH – v – MN, German case

Journal European Employment Law Cases, Issue 1 2022
Keywords Other Forms of Free Movement
Abstract

    It does not follow from EU law that a national court must disapply national provisions on minimum tariffs for architects and engineers which are contrary to Directive 2006/123, although this can follow from other national provisions. Moreover, the disadvantaged party can claim compensation based on state liability as the German implementation legislation is not in conformity with EU law.

Pending Cases

Case C-134/22, Collective Redundancies

MO – v – SM, as trustee of G GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 1 March 2022

Journal European Employment Law Cases, Issue 1 2022
Keywords Collective Redundancies

    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.


Othmar K. Traber
Othmar Traber is a partner at Ahlers & Vogel, Bremen.

    The Danish Ministry of Employment has been held liable for a protracted legislative process following the ECJ’s ruling in the Ole Andersen case (C-499/08), which concluded that the Salaried Employees Act was not compliant with Directive 2000/78/EC concerning equal treatment in employment and occupation (prohibition of discrimination on grounds of age).


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Pending Cases

Case C-57/22, Paid Leave

YQ – v – DŘeditelství silnic a dálnic ČR, reference lodged by the Nejvyšší soud České republiky (Czech Republic) on 28 January 2022

Journal European Employment Law Cases, Issue 1 2022
Keywords Paid Leave
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