Search result: 60 articles

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Year 2016 x
Editorial

Access_open Legal Control on Social Control of Sex Offenders in the Community: A European Comparative and Human Rights Perspective

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

    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.


Michiel van der Wolf (Issue Editor)
Ph.D., LL.M, M.Sc., Reader in Criminal Law (Theory) and Forensic Psychiatry at the Erasmus School of Law; Member of the Editorial Board of the Erasmus Law Review.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The English Perspective

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.


Nicola Padfield
Nicola Padfield, MA, Dip Crim, DES, Reader in Criminal and Penal Justice, University of Cambridge. I thank Michiel van der Wolf for involving me in this project and for his many useful insights and comments.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The German Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Supervision, twin track system, principle of proportionality, human rights, violent and sex offenders
Authors Bernd-Dieter Meier
AbstractAuthor's information

    After release from prison or a custodial preventive institution, offenders may come under supervision in Germany, which means that their conduct is controlled for a period of up to five years or even for life by a judicial supervising authority. Supervision is terminated if it can be expected that even in the absence of further supervision the released person will not commit any further offences. From the theoretical point of view, supervision is not considered a form of punishment in Germany, but a preventive measure that is guided by the principle of proportionality. After a presentation of the German twin track system of criminal sanctions and a glimpse at sentencing theory, the capacity of the principle of proportionality to guide and control judicial decisions in the field of preventive sanctions is discussed. The human rights perspective plays only a minor role in the context of supervision in Germany.


Bernd-Dieter Meier
Prof. Dr. Bernd-Dieter Meier is the Chair in Criminal Law and Criminology at the Law Faculty of Leibniz University Hannover.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Dutch Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Dutch penal law, preventive supervision, dangerous offenders, human rights, social rehabilitation
Authors Sanne Struijk and Paul Mevis
AbstractAuthor's information

    In the Netherlands, the legal possibilities for post-custodial supervision have been extended considerably in recent years. A currently passed law aims to further increase these possibilities specifically for dangerous (sex) offenders. This law consists of three separate parts that may all result in life-long supervision. In the first two parts, the supervision is embedded in the conditional release after either a prison sentence or the safety measure ‘ter beschikking stelling’ (TBS). This paper focuses on the third part of the law, which introduces an independent supervisory safety measure as a preventive continuation of both a prison sentence and the TBS measure. Inevitably, this new independent sanction raises questions about legitimacy and necessity, on which this paper reflects from a human rights perspective. Against the background of the existing Dutch penal law system, the content of the law is thoroughly assessed in view of the legal framework of the Council of Europe and the legal principles of proportionality and less restrictive means. In the end, we conclude that the supervisory safety measure is not legitimate nor necessary (yet). Apart from the current lack of (empirical evidence of) necessity, we state that there is a real possibility of an infringement of Article 5(4) ECHR and Article 7 ECHR, a lack of legitimising supervision ‘gaps’ in the existing penal law system, and finally a lack of clear legal criteria. Regardless of the potential severity of violent (sex) offenses, to simply justify this supervisory safety measure on the basis of ‘better safe than sorry’ is not enough.


Sanne Struijk
Sanne Struijk, Ph.D., is an Associate Professor at the Erasmus School of Law.

Paul Mevis
Paul Mevis is a Professor at the Erasmus School of Law.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The French Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Preventive detention, mandatory supervision, sex offenders, retrospective penal laws, legality principle
Authors Martine Herzog-Evans
AbstractAuthor's information

    France literally ‘discovered’ sexual abuse following neighbour Belgium’s Dutroux case in the late 1990s. Since then, sex offenders have been the focus of politicians, media and law-makers’ attention. Further law reforms have aimed at imposing mandatory supervision and treatment, and in rare cases, preventive detention. The legal framework for mandatory supervision and detention is rather complex, ranging from a mixed sentence (custodial and mandatory supervision and treatment upon release or as a stand-alone sentence) to so-called ‘safety measures’, which supposedly do not aim at punishing an offence, but at protecting society. The difference between the concepts of sentences and safety measures is nevertheless rather blurry. In practice, however, courts have used safety measures quite sparingly and have preferred mandatory supervision as attached to a sentence, notably because it is compatible with cardinal legal principles. Procedural constraints have also contributed to this limited use. Moreover, the type of supervision and treatment that can thus be imposed is virtually identical to that of ordinary probation. It is, however, noteworthy that a higher number of offenders with mental health issues who are deemed ‘dangerous’ are placed in special psychiatric units, something that has not drawn much attention on the part of human rights lawyers.


Martine Herzog-Evans
Martine H-Evans, PhD, is a Professor at the Department of Law, Universite de Reims Champagne-Ardenne.
Article

Ethical Principles for Online Dispute Resolution

A 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.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer, Legal Studies Program, Department of Political Science, University of Massachusetts at Amherst (USA).
Article

The Balochistan Ombudsman and Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords Pakistan, Balochistan, Ombudsman, capacity building, Online Dispute Resolution
Authors Frank Fowlie and Sher Shah Khan
AbstractAuthor's information

    In August 2015 Dr. Frank Fowlie, a Fellow with the National Centre for Technology and Dispute Resolution at the University of Massachusetts – Amherst, acted as an external evaluator to review the Ombudsman of Balochistan. Part of his evaluation concerned the use of Online Dispute Resolution as a mechanism to increase citizen engagement with the Ombudsman.


Frank Fowlie
Dr. Frank Fowlie is the Independent Mediator with the Organization for the Prohibition of Chemical Weapons. He previously served as the Ombudsman at the International Organization for Migration (IOM) (2012-2015). Dr. Fowlie also serves as a Capacity Building Consultant with the World Bank in Pakistan, specifically working with the Ombudsman of the Province of Balochistan (2015). He holds a Doctor of Conflict Resolution from La Trobe University, Melbourne, and is a Fellow with the Centre for Information Technology and Dispute Resolution at the University of Massachusetts – Amherst.

Sher Shah Khan
Sher Shah Khan holds a Master in Public Sector Management from London School of Economics and Political Sciences and a Master in Political Science from Government College Lahore, Pakistan. He carries over 15 year international civil services expertise in governance and public administration institutional development, while working with the World Bank, the International Monetary Fund, and the United Nations. Currently, Mr. Khan serves as Senior Public Sector Specialist with the World Bank Group, working on governance reforms in the provinces of Khyber Pakhtunkhwa, Balochistan, Sindh and Punjab, and the Federally Administered Tribal Areas (FATA) region.
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.
    The article describes features that cause ambiquity of EU legislation, its complexity and incompleteness, that have a very detrimental effect on the application of EU law on the national level. Further it refers to defects of form of certain pieces of EU legislation that give rise to questions concerning legal certainty and due implementation into national legal orders. The article contains many illustrative examples supporting the presented points of view and indicates ways to be taken in the future.


Markéta Whelanová
Head of the Analytical Unit of the Department for Compatibility with EU Law of the Czech Office of the Government and Deputy Director of this Department. Vice-president of the Working Commission for EU Law of the Legislation Council of the Czech Government.
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.


Morten Jarlbæk Pedersen
Morten Jarlbæk Pedersen is a Ph.D. fellow at the Department of Political Science at the University of Copenhagen. He has an affiliation with the Confederation of Danish Enterprise, where he has been employed for 5 years before engaging in this research project. For the purpose of the project, he was relieved of responsibilities as a consultant at the Confederation.
Article

The Quality of Regulation in the Service of Preventing Corruption

Corruption 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.
    The first part explains some risk-corruption factors of the legal framework. The first factor is represented by the number and complexity of rules, which can be a negative incentive to corruption as well as to produce negative consequences for the proper functioning of the market. The second factor is intrinsically linked to the ambiguity in legal drafting, which does not encourage the right interpretation of norms; therefore, there is the question of the rule of law. The third factor refers to the lack of regulation concerning pressure group participation in the regulatory process and, as a result, the lack of transparency in identifying both benefits from norms and the relevant beneficiaries.
    The second part focuses on CIA, which is considered a sub-category of traditional Regulatory Impact Assessment. It detects the factors in regulations that cause corruption, and its main potential is to prevent future corruption facilitated by bad regulation. Then, this part illustrates the implementation of CIA by Korean governments: the Anti-Corruption and Civil Rights Commission (ACRC) carries out the CIA, realizes its guidelines – which are based on three fundamental criteria, i.e., compliance, discretionality and transparency – and supports the application of the tool in the regulatory cycle.
    Finally, the third part discusses the results given by CIA. This new anti-corruption strategy needs that regulators take into account the results, providing for their publication to inform stakeholders; otherwise there is the possibility of the CIA use being formal, rather than substantial.


Luca Di Donato
PhD candidate at LUISS University.
Article

Asymmetry as an Instrument of Differentiated Integration

The 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.


Giuseppe Martinico
Associate Professor of Comparative Public Law, Scuola Sant’Anna, Pisa; Research Fellow, Centre for Studies on Federalism, Turin; Honorary Professor at the European law research centre, University of Henan, Kaifeng, China. Article Completed on 23 February 2016. This article is part of the project "Gobernanza económica europea y transformación constitucional”, (MINECO, DER2014-57116P).
Article

Responses to Climate Change in Bangladesh

An 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.


Nour Mohammad
Assistant Professor of Law, Premier University, Chittagong, Bangladesh.
Article

Comparative Legislative Drafting

Comparing 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.


Constantin Stefanou
Dr Constantin Stefanou is the director of the Sir William Dale Centre for Legislative Studies, at the Institute of Advanced Legal Studies (School of Advanced Study, University of London). He is also the convener of the oldest master’s programme in the field of legislative drafting (LLM in advanced legislative studies) at the IALS.
Article

Enforcement of Judgments in SEE, CIS, Georgia and Mongolia

Challenges and Solutions

Journal European Journal of Law Reform, Issue 2 2016
Keywords enforcement, bailiffs, judgments, CIS, SEE
Authors Kim O’Sullivan and Veronica Bradautanu
AbstractAuthor's information

    The article considers the results of the Assessment of enforcement systems for commercial cases, carried out by the European Bank for Reconstruction and Development (EBRD) in 2013-2014. In phase I the Assessment looked at the systems in thirteen countries, namely Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan (“CIS+ region”); and in phase II another eight countries were reviewed: Albania, Bosnia and Herzegovina, Croatia, FYR Macedonia, Kosovo, Montenegro, Serbia and Slovenia (“SEE region”).
    On the basis of the information gathered during the Assessment, the article compares the three forms of enforcement systems and their manifestation in the assessed regions: public (state), private and mixed (hybrid) systems. Using examples from the reviewed jurisdictions, the article discusses the benefits and downsides of each form. There is no preferred form; however, each may borrow elements from the other to result in a stronger system.
    The Assessment attempted to provide a comprehensive overview of the enforcement frameworks and practices and to pinpoint areas that might need reform and attention in order to improve the quality of the service. It looked at the following elements of enforcement: resources and framework, supervision and integrity issues, searching for assets, seizure of assets, sale of assets, speed of enforcement, cost and fees.
    The article discusses in detail the two areas of enforcement that emerged from the Assessment as most challenging: searching for debtors’ assets and sale of seized assets. Facilitated access to registers, wider use of electronic means of communications and clear process are identified among the contributors to better practice in searching for assets. Similarly, use of electronic platforms, establishing a fair price, ensuring sufficient flexibility in methods and process of sale would help improve the outcome of enforcement.
    The article further analyses another two components often overlooked by the regulatory bodies and policymakers, which permeate the enforcement system, significantly influencing the enforcement process. This refers to gathering of statistical data about the results of enforcement and its effective use; as well as efficient supervisory system over enforcement agents. The article argues that gathering data about, for example, enforcement timeline and percentage of recovered claims, and publicizing such data shall contribute to improved results. Furthermore, having an adequate complaints system will help build trust in the enforcement profession.


Kim O’Sullivan
Kim O’Sullivan is a Principal Counsel at EBRD.

Veronica Bradautanu
Veronica Bradautanu is a Consultant to the EBRD.
ECJ Court Watch

Case C-306/16. Working time

António 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
ECJ Court Watch

Case C-415/16. Working time

David 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
Article

Access_open The Right to Mental Health in the Digital Era

Journal Erasmus Law Review, Issue 3 2016
Keywords E-health, e-mental health, right to health, right to mental health
Authors Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj
AbstractAuthor's information

    People with mental illness usually experience higher rates of disability and mortality. Often, health care systems do not adequately respond to the burden of mental disorders worldwide. The number of health care providers dealing with mental health care is insufficient in many countries. Equal access to necessary health services should be granted to mentally ill people without any discrimination. E-mental health is expected to enhance the quality of care as well as accessibility, availability and affordability of services. This paper examines under what conditions e-mental health can contribute to realising the right to health by using the availability, accessibility, acceptability and quality (AAAQ) framework that is developed by the Committee on Economic, Social and Cultural Rights. Research shows e-mental health facilitates dissemination of information, remote consultation and patient monitoring and might increase access to mental health care. Furthermore, patient participation might increase, and stigma and discrimination might be reduced by the use of e-mental health. However, e-mental health might not increase the access to health care for everyone, such as the digitally illiterate or those who do not have access to the Internet. The affordability of this service, when it is not covered by insurance, can be a barrier to access to this service. In addition, not all e-mental health services are acceptable and of good quality. Policy makers should adopt new legal policies to respond to the present and future developments of modern technologies in health, as well as e-Mental health. To analyse the impact of e-mental health on the right to health, additional research is necessary.


Fatemeh Kokabisaghi
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Iris Bakx
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Blerta Zenelaj
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.
Article

Access_open Exit, Voice and Loyalty from the Perspective of Hedge Funds Activism in Corporate Governance

Journal Erasmus Law Review, Issue 4 2016
Keywords Uncertainty, entrepreneurship, agency costs, loyalty shares, institutional investors
Authors Alessio M. Pacces
AbstractAuthor's information

    This article discusses hedge funds activism based on Hirschman’s classic. It is argued that hedge funds do not create the loyalty concerns underlying the usual short-termism critique of their activism, because the arbiters of such activism are typically indexed funds, which cannot choose short-term exit. Nevertheless, the voice activated by hedge funds can be excessive for a particular company. Furthermore, this article claims that the short-termism debate cannot shed light on the desirability of hedge funds activism. Neither theory nor empirical evidence can tell whether hedge funds activism leads to short-termism or long-termism. The real issue with activism is a conflict of entrepreneurship, namely a conflict between the opposing views of the activists and the incumbent management regarding in how long an individual company should be profitable. Leaving the choice between these views to institutional investors is not efficient for every company at every point in time. Consequently, this article argues that regulation should enable individual companies to choose whether to curb hedge funds activism depending on what is efficient for them. The recent European experience reveals that loyalty shares enable such choice, even in the midstream, operating as dual-class shares in disguise. However, loyalty shares can often be introduced without institutional investors’ consent. This outcome could be improved by allowing dual-class recapitalisations, instead of loyalty shares, but only with a majority of minority vote. This solution would screen for the companies for which temporarily curbing activism is efficient, and induce these companies to negotiate sunset clauses with institutional investors.


Alessio M. Pacces
Professor of Law & Finance, Erasmus School of Law, and Research Associate, European Corporate Governance Institute.
Article

The Italian ‘Legislation-Cutting’ Tool

Journal European Journal of Law Reform, Issue 3 2016
Keywords law revision, legislative scrutiny, codification, delegation
Authors Fabio Pacini
AbstractAuthor's information

    The article offers an overview of the most ambitious operation of law revision ever attempted in Italy, retracing its phases in order to give an overview of some of the major constitutional questions it raised. The article will focus, in particular, on principles and criteria of the delegation to the Government – which represented the core of the entire operation – as well as on the use of emergency instruments for the same purpose. Two examples of errors or political use of law revision will also be analyzed.


Fabio Pacini
Research fellow, Scuola Superiore Sant’Anna di Pisa.
Article

Prohibition of Discrimination: Citizenship as a Possible Discrimination Basis

Journal European Journal of Law Reform, Issue 3 2016
Keywords anti-discrimination law, Serbian Law, harmonization, right to a personal name, European Court of Justice
Authors Olga Jović-Prlainović and Jelena Belović
AbstractAuthor's information

    In modern society, the right to equality is not just a universal moral obligation; it is rather an expression of a generally accepted rule in international law that all people have equal rights, independently of differences based on innate or acquired personal characteristics. Prohibition of discrimination is a civilization heritage, and it is determined by systematically overcoming prejudices and stereotypes as key factors of discrimination, where educational institutions, media, public authority, and non-governmental organizations all have a vital role. Tackling with discrimination is not just the application of rules regulated by law and taking necessary measures towards social groups which are in an unequal position, but it is also a continuous development of tolerance when it comes to ethnicity, religion, gender, minorities, as well as acceptance of the existing interpersonal differences. It is well known that the area of West Balkans is often a breeding ground where stereotypes and prejudices thrive for decades. The strategic aim of the Republic of Serbia is membership in the European Union, and so nation-wide law regulation concerning this matter is directed at complying with the European Union Law since the prohibition of discrimination is one of the pillars of the European Union Law. In this article, the influence of the European Union Law and practical measures taken by the European Court of Human Rights in order to prohibit discrimination in a specific international and private domain are analyzed.


Olga Jović-Prlainović
Olga Jović-Prlainović is Associate Professor at the Faculty of Law, University of Pristina, Kosovska Mitrovica.

Jelena Belović
Jelena Belović is Assistant Professor at the Faculty of Law, University of Pristina, Kosovska Mitrovica.
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