This paper provides first of all the introduction to this special issue on ‘Legal constraints on the indeterminate control of “dangerous” sex offenders in the community: A European comparative and human rights perspective’. The issue is the outcome of a study that aims at finding the way legal control can not only be an instrument but also be a controller of social control. It is explained what social control is and how the concept of moral panic plays a part in the fact that sex offenders seem to be the folk devils of our time and subsequently pre-eminently the target group of social control at its strongest. Further elaboration of the methodology reveals why focussing on post-sentence (indeterminate) supervision is relevant, as there are hardly any legal constraints in place in comparison with measures of preventive detention. Therefore, a comparative approach within Europe is taken on the basis of country reports from England and Wales, France, Germany, The Netherlands and Spain. In the second part of the paper, the comparative analysis is presented. Similar shifts in attitudes towards sex offenders have led to legislation concerning frameworks of supervision in all countries but in different ways. Legal constraints on these frameworks are searched for in legal (sentencing) theory, the principles of proportionality and least intrusive means, and human rights, mainly as provided in the European Convention on Human Rights to which all the studied countries are subject. Finally, it is discussed what legal constraints on the control of sex offenders in the community are (to be) in place in European jurisdictions, based on the analysis of commonalities and differences found in the comparison. |
Search result: 137 articles
Year 2016 xEditorial |
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Journal | Erasmus Law Review, Issue 2 2016 |
Keywords | social control, folk devils, moral panic, dangerousness, sex offenders |
Authors | Michiel van der Wolf (Issue Editor) |
AbstractAuthor's information |
Article |
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Journal | Erasmus Law Review, Issue 2 2016 |
Keywords | Dangerous, sex offenders, human rights, community supervision, punishment |
Authors | Nicola Padfield |
AbstractAuthor's information |
This article explores the legal constraints imposed on the rising number of so-called ‘dangerous’ sex offenders in England and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency Public Protection Arrangements and civil protective orders such as Sexual Harm Prevention Orders. ‘Control’ in the community is thus widespread, but is difficult to assess whether it is either effective or necessary without a great deal more research and analysis. Post-sentence ‘punishment’ has been largely ignored by both academic lawyers and criminologists. The article concludes that financial austerity might prove to be as important as the human rights agenda in curbing the disproportionate use of powers of control. |
Article |
Ethical Principles for Online Dispute ResolutionA GPS Device for the Field |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Keywords | ODR, ethics, alternative dispute resolution, technology |
Authors | Leah Wing |
AbstractAuthor's information |
The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations. In response, there have been assertions about the importance of applying to online dispute resolution (ODR) the shared values already enshrined within alternative dispute resolution (ADR) as well as calls to more carefully assess ways they may be insufficient or need refining to adequately address the new ethical challenges emerging in ODR. As ODR is increasingly incorporated into legislation, regulation and a wide variety of sectors in society, it is timely to explore the importance of ethical principles specifically for ODR. In the hope of contributing to these efforts, this article examines the benefits and challenges of articulating a set of ethical principles to guide the development and implementation of ODR systems, technology and processes. |
Article |
The Role of ODR in Resolving Electronic Commerce Disputes in China |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Keywords | ODR, China, electronic commerce disputes |
Authors | Jie Zheng |
AbstractAuthor's information |
Online dispute resolution (ODR) has been developed in response to the growth of disputes in electronic commerce transactions. It is based on the legal framework of alternative dispute resolution (ADR) by taking into consideration electronic communications and information technology. This article will introduce the current legal framework and practice of ODR in China, find legal issues that affect the development of ODR and, finally, propose suggestions to overcome these barriers. |
Article |
Is ODR ADR?Reflections of an ADR Founder from 15th ODR Conference, The Hague, The Netherlands, 22-23 May 2016 |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Keywords | alternative dispute resolution, justice, process pluralism, dispute system design, history of conflict resolution |
Authors | Carrie Menkel-Meadow |
AbstractAuthor's information |
This essay presents the observations of a founder of the dispute resolution field to new developments in online dispute resolution, expressing both concerns and hopes for greater access to justice. |
Article |
Is ODR ADR?A Response to Carrie Menkel-Meadow |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Authors | Colin Rule |
Article |
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Journal | Corporate Mediation Journal, Issue 1 2016 |
Authors | Martin Brink |
AbstractAuthor's information |
What is there to learn about managing conflict or negotiation that you do not already know? How can mediation techniques make a difference in achieving your personal goals and advance the objectives of your organisation even when there is no conflict? How can new skills benefit all management levels and change the role of the legal department? |
Article |
Quo Vadis, Europa?Loopholes in the EU Law and Difficulties in the Implementation Process |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | EU Law, Quality of Legislation, Loopholes, Implementation, Joint Practical Guide |
Authors | Markéta Whelanová |
AbstractAuthor's information |
EU law is a very wide-ranging legal system that comprises thousands of legal acts. It endeavours to regulate many relationships in the Member States of the European Union and effects everyday lives both of individuals and public bodies. EU law is, however, not always positively accepted. Such non-acceptance often follows from the increasing number of cases when EU law cannot be effectively applied on the national level. Significant reason for that lies in the poor quality of EU law. |
Article |
Defining ‘Better’Investigating a New Framework to Understand Quality of Regulation |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | better regulation, businesses, cross-disciplinary approaches, quality of regulation, European Union |
Authors | Morten Jarlbæk Pedersen |
AbstractAuthor's information |
Better regulation is a political and scholarly theme, which has gained in both relevance and salience throughout the last two decades or so. Regulatory quality is the epicentre of these discussions. Despite this, quality is seldom conceptualized in its own right. Thus, beyond loose principles, we are rarely aware of what we mean by ‘better’ regulation, and academic discussions hereof usually centre themselves on other topics such as meta-regulation and processes. This leaves the notion of quality hard to asses especially from a comparative perspective. In this article, a core concept of quality is suggested. This concept is founded on an acknowledgement of the importance of the legal texts when it comes to achieving regulatory aims and objectives. The concept and methodology proposed has components from both law and political science and is sought to be of relevance to scholars and practitioners alike. |
Article |
The Quality of Regulation in the Service of Preventing CorruptionCorruption Impact Assessment (CIA) |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | corruption, regulation, quality, impact assessment, risk |
Authors | Luca Di Donato |
AbstractAuthor's information |
This article describes the Corruption Impact Assessment (CIA), which is a better regulation tool suggested by the OECD, with the fundamental purpose to enhance the regulatory quality. |
Article |
Asymmetry as an Instrument of Differentiated IntegrationThe Case of the European Union |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | asymmetry, comparative and EU law, differentiated integration, crisis, economic governance |
Authors | Giuseppe Martinico |
AbstractAuthor's information |
This article offers a reflection on asymmetry as an instrument of differentiated integration in the current phase of the EU integration process. As for the structure, this work is divided into four parts: First, I shall clarify what I mean by asymmetry as an instrument of integration relying on comparative law. This comparative exercise is particularly useful because it allows us to acknowledge the strong integrative function performed by asymmetry in contexts different from but comparable to the EU system. Second, I shall look at EU law and recall the main features of asymmetry in this particular legal system. In the third part of the article I shall look at the implications of the financial crisis, which has increased the resort to asymmetric instruments. In the last part I shall deal with some recent proposals concerning the differentiated representation of the Eurozone. The idea of differentiated integration and that of asymmetry have been extended and adapted to many different processes by scholars over the years, but to avoid misunderstandings I would like to make clear that in this work I shall analyse those forms of asymmetries that are allowed and carried out only when respect for an untouchable core of integration is guaranteed. This is crucial to conceive asymmetry as an instrument of integration. |
Article |
Responses to Climate Change in BangladeshAn Appraisal |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | climate change, adaptation, Bangladesh, impacts, vulnerability |
Authors | Nour Mohammad |
AbstractAuthor's information |
Climate change is a global problem. The impacts of climate change are worldwide. It’s not only detrimental for developing countries but also harmful for developed countries. Bangladesh is recognized as one of the countries most vulnerable to and affected by the impacts of climate change and global warming. This is due to its geographical location, geo-morphological conditions, low elevation from the sea, density of population, poverty, and remarkable dependence on nature, as well as its resources and services. As a developing country, Bangladesh is least responsible for the GHGs emission and an innocent victim of adverse impacts of climate change. This article explores the situation of climate change, its various causes and the impacts faced by the developing countries, in particular Bangladesh. The author aims to highlight how to reduce the causes of climate change for developing countries and the obligations of developed countries to combat the climate change under the existing international legal framework. |
Article |
Comparative Legislative DraftingComparing across Legal Systems |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | comparative legislative drafting, comparative law, drafting process |
Authors | Constantin Stefanou |
AbstractAuthor's information |
This article is an original, first attempt at establishing a list of comparative criteria for the comparative study of legislative drafting or aspects of legislative drafting between the two families of legal systems: common law and civil law. Because of the limited bibliography in the field of legislative drafting – let alone in comparative legislative drafting between common law and civil law systems – this article adds to existing scholarship on the field aiming to become a basis for further comparative research in legislative drafting. The list of criteria can be used on its own for different jurisdictions within the same family of legal systems, or the two lists can be used to juxtapose civil and common law experiences in legislative drafting. As this is the first time that such lists of comparative criteria in legislative drafting have been produced, it should be stressed that the lists are certainly not exhaustive. The aim of this article is to generate comparative research in legislative drafting, and so, inevitably, such comparative research might add or even subtract criteria from the lists depending on results. |
Case Reports |
2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Independent contractors, Employees |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State. |
ECJ Court Watch |
Case C-306/16. Working timeAntónio Fernando Maio Marques da Rosa – v – Varzim Sol – Turismo, Jogo e Animação, S, reference lodged by the Portuguese Tribunal da Relação do Porto on 30 May 2016 |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Working time |
Case Reports |
2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Employment status, Absence of obligations |
Authors | Tom McEvoy |
AbstractAuthor's information |
The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law. |
ECJ Court Watch |
ECJ 14 September 2016, case C-16/15 (Pérez López), Fixed-term workMaría Elena Pérez López – v – Servicio Madrileño de Salud (Comunidad de Madrid) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Fixed-term work |
Abstract |
Successive fixed-term contracts cannot be justified by legal provisions allowing renewal in order to ensure the provision of certain services of a temporary, auxiliary or extraordinary nature when, in reality, there is no obligation to create additional permanent posts in order to bring an end to the structural use of fixed-term work to fill permanent posts. |
ECJ Court Watch |
ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employmentCarlos Alvarez Santirso – v – Consejería de Educación, Cultura y Deporte del Principado de Asturias |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Fixed-term work |
Abstract |
Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70. |
ECJ Court Watch |
ECJ 17 November 2016, case C-216/15 (Ruhrlandklinik), Temporary agency workBetriebsrat der Ruhrlandklinik gGmbH – v – Ruhrlandklinik gGmbH |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Temporary agency work |
Abstract |
The definition of ‘worker’ in Directive 2008/104 on temporary agency work includes those who are similar to employees, without having employee status under domestic law. |
ECJ Court Watch |
Case C-415/16. Working timeDavid Fernando Leal da Fonseca – v – Varzim Sol – Turismo, Jogo e Animação, SA, reference lodged by the Portuguese on 27 July 2016 |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Working time |