The role of shame in restorative justice has a long pedigree. Most often shame has been conceptualised in terms of the act of the offender. The focus of this paper is instead on the shame of the person experiencing wrongdoing: a victim who is neither guilty nor responsible for the experience. This has the advantage of making more clear that shame fundamentally concerns an experience of ‘who I am’ rather than ‘what I have done’, while the reaction to the experience of shame in victimization should involve attention to the identity-related questions that are posed by this experience. This way of viewing shame is connected to the distinction between countering injustice and doing justice, and offers a number of fresh insights into victimological phenomena in restorative justice and restorative justice more generally. |
Search result: 49 articles
Year 2019 xArticle |
The shame of injustice: the ethics of victimology and what it means for restorative justice |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Keywords | Victimology, restorative justice, shame, Bernard Williams, Susan Brison |
Authors | Antony Pemberton |
AbstractAuthor's information |
Article |
The New Regulation Governing AIR, VIR and ConsultationA Further Step Forward Towards ‘Better Regulation’ in Italy |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation |
Authors | Victor Chimienti |
AbstractAuthor's information |
This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy. |
Article |
Online Collaboration Algorithms for Small Claims |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | online collaboration algorithms, small claims |
Authors | Ernest Thiessen and Peter Holt |
AbstractAuthor's information |
This article was adapted from a presentation at the ODR Forum 2019 in Williamsburg. |
Pending Cases |
Case C-483/19, Fixed-term workVille de Verviers – v – J, reference lodged by the Cour du travail de Liège (Belgium) on 24 June 2019 |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Fixed-term work |
Pending Cases |
Case C-652/19, Fixed-term work, Collective redundanciesKO – v – Fallimento Consulmarketing SpA, reference lodged by the Tribunale di Milano (Italy) on 2 September 2019 |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Fixed-term work, Collective redundancies |
Pending Cases |
Case C-407/19, Free movement, fixed-term workKatoen Natie Bulk Terminals NV, General Services Antwerp NV – v – Belgische Staat, reference lodged by the Raad van State (Belgium) on 24 May 2019 |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Free movement, fixed-term work |
Case Reports |
2019/45 Usage of fixed-term employment contracts for professors restricted (LV) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Fixed-term work |
Authors | Andis Burkevics |
AbstractAuthor's information |
The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC. |
Case Reports |
2019/51 Stand-by time from home is paid working time (RO) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Working time |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed. |
Case Reports |
2019/47 Transfer of undertakings does not include temporary agency workers (AT) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Transfer of undertakings, Transfer, Employees who transfer/refuse to transfer |
Authors | Thomas B. Pfalz |
AbstractAuthor's information |
In a series of rulings the Austrian Supreme Court has made it clear that temporary agency workers are transferred to the transferee only if they are assigned to the transferor on a permanent basis. According to the Court, the facts of the cases at hand are not comparable to those of the ECJ ruling in Albron Catering BV (C-242/09). Hence the temporary agency workers remain with their original employer. However, some aspects of the Court’s reasoning seem unclear if not contradictory with regard to other recent judgments. |
Case Reports |
2019/49 Expiration of leave only with prior information from the employer (GE) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Paid leave |
Authors | Daniel Zintl |
AbstractAuthor's information |
The Federal Labour Court (Bundesarbeitsgericht – BAG) has decided that the entitlement to paid annual leave only expires at the end of the calendar year or at the end of a carry-over period if the employer has previously put the employee in a position to take his leave and yet the employee has not taken the leave out of his own free will. The court held that the employer must cooperate in granting the leave. He has to encourage the employee to take his – concrete numbered - leave and inform him accurately and in good time, that the entitlement to paid leave would otherwise expire. |
Rulings |
ECJ 18 September 2019, case C-366/18 (Ortiz Mesonero), Maternity and parental leaveJosé Manuel Ortiz Mesonero – v – UTE Luz Madrid Centro, Spanish case |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Maternity and parental leave |
Abstract |
|
Pending Cases |
Case C-644/19, Fixed-term work, Age discriminationFT – v – Universitatea ‘Lucian Blaga’ Sibiu, GS and Others, and Ministerul Educației Naționale, reference lodged by the Curtea de Apel Alba Iulia (Romania) on 28 August 2019 |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Fixed-term work, Age discrimination |
Article |
|
Journal | Erasmus Law Review, Issue 3 2019 |
Keywords | Mercosur, European Union, regionalism, integration, international organisation |
Authors | Ricardo Caichiolo |
AbstractAuthor's information |
This study is focused on the evaluation of successes and failures of the Common Market of the South (Mercosur). This analysis of Mercosur’s integration seeks to identify the reasons why the bloc has stagnated in an incomplete customs union condition, although it was originally created to achieve a common market status. To understand the evolution of Mercosur, the study offers some thoughts about the role of the European Union (EU) as a model for regional integration. Although an EU-style integration has served as a model, it does not necessarily set the standards by which integration can be measured as we analyse other integration efforts. However, the case of Mercosur is emblematic: during its initial years, Mercosur specifically received EU technical assistance to promote integration according to EU-style integration. Its main original goal was to become a common market, but so far, almost thirty years after its creation, it remains an imperfect customs union. |
Article |
Snapshot of the EU Soft Law Research LandscapeMain Issues and Challenges |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | soft law, normativity, bindingness, directive-like recommendations, hybridity |
Authors | Petra Lea Láncos |
AbstractAuthor's information |
Inspired by research into international soft law norms, the last two decades have seen an intensified investigation of the non-binding measures of the EU. With the proliferation of such norms at EU level, attempts at a taxonomy of EU soft law have been undertaken. The present paper tries to map the current status of EU soft law research, highlighting possible directions for future research. |
Article |
Legal Challenges of the Retention of Worker Status as Reflected in Recent Case-Law of the CJEU |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | free movement of workers, EU citizens, right to move and reside freely, retention of EU worker status, equal treatment, welfare benefits |
Authors | Laura Gyeney |
AbstractAuthor's information |
In recent years, a growing number of cases related to the retention of worker status have emerged in CJEU jurisprudence with reference to welfare benefits, requiring a much deeper analysis of the field treated earlier as peripheral. Such an analysis seems especially justified in light of the current political and legal discourse concerning the issue of free movement, focusing on the question of equal treatment in the field of welfare assistance for mobile citizens. The purpose of this study is to present and put into context the relevant case-law of recent years by analyzing the judgments of the CJEU in two cases that are benchmarks in this field: the Tarola and Saint Prix cases. Both cases highlight the key role that economically active status continues to play in integration law. These judgments also shed light on the challenges arising from the difficulties in distinguishing between the economically active and inactive EU citizen statuses. This issue emerged as an increasingly grave problem in the field of law of free movement, posing a serious dilemma for law enforcement. |
Article |
Key Factors of the Development and Renewal of the Social Market Economy in the EU |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | Europe 2020 strategy, social market economy, eco-social market economy, social welfare systems, EU structural funds |
Authors | István Kőrösi |
AbstractAuthor's information |
The purpose of this study is to present the principles, strategy and operation of the social market economy, based on legal, political and economic considerations. The first social market economy, West Germany – followed by Austria, the Netherlands, as well as other countries in Northern and Western Europe –, mustered a positive overall performance from the post-World War II years to the early 1970s. Since then, however, we have been witnessing the erosion, distortion and decline of efficiency of the social market economy. There are four main issues to be addressed: (i) What are the main theoretical and conceptual, ‘eternal’ elements of the social market economy? (ii) What economic policy was built on this theoretical foundation and why did the system work well in Western Europe after World War II? (iii) What factors eroded this system? (iv) Can social market economy be renewed in the second decade of the 21st century and, if it can, what are the preconditions of it? In my analysis, I highlight some key areas: EU policies, Lisbon Agenda and Europe 2020 strategy, growth, financial disequilibria and competitiveness, innovation and employment, the relation of state and market. |
Article |
|
Journal | Erasmus Law Review, Issue 3 2019 |
Keywords | single indirect tax area, VAT action plan, quick fixes, e-commerce package, definitive VAT system |
Authors | Ben Terra |
AbstractAuthor's information |
This contribution deals with the latest proposals regarding levying VAT in the European Union (EU) Customs Union. The present system, which has been in place since 1993 and was supposed to be transitional, splits every cross-border transaction into an exempted cross-border supply and a taxable cross-border acquisition. It is like a customs system, but lacks equivalent controls and is therefore the root of cross-border fraud. After many years of unsuccessful attempts, the Commission abandoned the objective of implementing definitive VAT arrangements based on the principle of taxing all cross-border supplies of goods in the Member State of their origin, under the same conditions that apply to domestic trade including VAT rates. The European Parliament and the Council agreed that the definitive system should be based on the principle of taxation in the Member State of the destination of the goods. After a brief discussion of the VAT Action Plan of 2016 (Section 1), the e-commerce package in the form of Directive (EU) 2017/2455 is dealt with (Section 2), followed by the proposal to harmonise and simplify certain rules in the VAT system and introduce the definitive system, only partially adopted (Section 3). Section 4 deals with the proposal to introduce detailed measures of the definitive VAT system. The proposed harmonisation and simplification of certain rules were meant to become applicable on 1 January 2019, but will become only partially applicable on 2020. It is proposed to make the detailed measures of the definitive VAT system applicable in 2022. It remains to be seen whether the Member States are willing to accept the definitive VAT system at all; hence the subtitle ‘the ordeal of indirect tax harmonisation’. |
Article |
|
Journal | Erasmus Law Review, Issue 3 2019 |
Keywords | free trade area, EU Customs Union, internal market, European Union, Brexit |
Authors | Stefan Enchelmaier |
AbstractAuthor's information |
This contribution places the provisions of the Treaty creating a free trade area and customs union between the Member States (Articles 28-31 TFEU) in their wider context. It then focuses on the interpretation of Article 30 in the jurisprudence of the Court of Justice of the European Union (CJEU). Throughout, it casts sideways glances at corresponding provisions of General Agreement on Tariffs and Trade (GATT). As it turns out, the abolition of customs duties and charges having equivalent effect, and the establishment of a customs union between Member States, were important milestones in the development of European unification. They became overshadowed later by more spectacular developments in the case law on the free movement of goods, persons and services. As a consequence, the importance of the customs provisions is widely underrated. Brexit concentrates the minds in this respect, as an important economy is about to rearrange and even recreate the basic building blocks of its international trading relations. |
Article |
|
Journal | Erasmus Law Review, Issue 4 2019 |
Keywords | IRBC Agreements, effectiveness, OECD due diligence, access to remedy |
Authors | Martijn Scheltema |
AbstractAuthor's information |
This contribution analyses the effectiveness of the Dutch International Responsible Business Conduct (IRBC) agreements and suggests some avenues for improvement. Several challenges in connection with effectiveness have been identified in evaluations of the IRBC agreements, and these are used as a starting point for the analysis. The focus is on three themes: (i) uptake, leverage and collaboration; (ii) implementation of OECD due diligence including monitoring and (iii) access to remedy. This contribution shows that low uptake may not be a sign of ineffectiveness per se, although in terms of leverage a sufficient number of participants or collaboration between agreements seems important. In connection with due diligence, it is recommended to align the implementation of OECD due diligence. Furthermore, an effective monitoring mechanism by a secretariat, as is currently implemented in the Textile agreement only, is most likely to bring about material changes in business behaviour. Other types of supervision seem less effective. Access to remedy poses a challenge in all IRBC agreements. It is recommended that the expectations the agreements have on access to remedy be clarified, also in connection with the role of signatories to the agreements in cases where they are directly linked to human rights abuse. Furthermore, it is recommended that a dispute resolution mechanism be introduced that enables complaints for external stakeholders against business signatories, comparable to that of the Textile agreement. However, rather than implementing separate mechanisms in all agreements, an overarching mechanism for all agreements should be introduced. |
Article |
|
Journal | Erasmus Law Review, Issue 4 2019 |
Keywords | consumer, energy transition, social responsibility, Dutch law, EU law |
Authors | Katalin Cseres |
AbstractAuthor's information |
As our economies continue to focus on growth, competition and maximisation of consumer choice, the global increase in consumption takes vast environmental and social costs and cause irreversible harm to our climate and environment. The urgency of reducing human footprint and to diminish one of the root causes of a declining climate and environment is irrefutable. In the shift that globally has to take place, a decentralised energy system relying on more distributed generation, energy storage and a more active involvement of consumers form a crucial component of renewable energy solutions. The move from a highly centralised to a more decentralised power system involves an increasing amount of small-scale (intermittent) generation from renewable energy which is located closer to the point of final consumption. In order to steer consumption towards sustainability national governments and supranational organisations have adopted policies and corresponding legislation that address individual consumers as rational and active choice-makers who make socially responsible choices when they receive the ‘right’ amount of information. By relying on insights from modern consumption theories with contributions from sociology, this article questions the effectiveness and legitimacy of these ‘consumer-centred’ policies and laws. First, the article argues that the single focus on individual consumer behaviour as a rational and utility maximising market actor fails to take into account the complexity of consumption, which is fundamentally influenced by social norms and its broader institutional setting. Although consumers are willing to consume more sustainably, they are often ‘locked in by circumstances’ and unable to engage in more sustainable consumption practices even if they want to. Second, by relying on evidence from sociological studies the article argues that individual consumers are not the most salient actors in support of sustainable consumption. Even though the urgency of the energy transition and the critical role consumers play in (un)sustainable energy consumption is acknowledged in both the EU and its Member States, their laws and policies remain grounded on goals of economic growth with competitive economies, the sovereignty of consumer choice and wealth maximisation, instead of aiming at slower economic growth or even degrowth, reducing overall resource use and consumption levels and introducing radically different ways of consumption. |