Abstract: A Plea for More Research into the Causes of and Solutions for the Challenges of the Dutch Complaint Procedure in Prisons in the Light of Procedural Justice Theory The aim of this article is to urge the need for (further) research into the experiences of prisoners with the Dutch complaint procedure in prisons. Legally and theoretically speaking, the Dutch complaint procedure is almost “picture-perfect”: it has been set as an example by the ECtHR and has repeatedly received a high approval rating by the CPT. Therefore, it could serve – and is already serving – as an example for other member states of the Council of Europe. However, the Dutch Life in Custody Study shows that prisoners are not satisfied with the way their complaint is dealt with and the procedure is overflowing with complaints. For the Dutch complaint procedure to keep serving as an example for other countries, and at the same time to be able to overcome the challenges it faces today, the causes of and solutions for these challenges should be investigated. We argue that (inter alia) the notion of procedural justice could provide excellent opportunities for further research in this field. Published on 2022-05-05 14:05:43
Abstract: In the summer of 2020, tens of thousands of people took to streets and squares around the Netherlands under the banner of the Black Lives Matter (BLM) movement. Many speakers called for Dutch institutions to ‘decolonize’ by reckoning with their own colonial history and racialized legacies. Addressing institutional racism at universities should be a multi-layered process. Recruitment and admission of students, curriculum design, hiring of academic staff, retention, promotion and teaching practices should all be considered. Those of us teaching at Dutch law schools, however, do not have to wait; by incorporating critical theoretical approaches and existing historical research on race and colonialism, Dutch law school teachers can begin to address structural racism and colonial legacies as soon as the next teaching term. This article gives concrete examples of where and how to begin. Published on 2022-05-05 13:56:58
Abstract: One of the unexpected effects of the constitutional crisis in Poland that began at the turn of 2015 is the expansion of diffuse constitutional review of statutes. The Polish Constitution adopts a centralised model of constitutional review, but in the cases they hear common courts still independently disapply statutes that violate constitutional norms. Their stated grounds for doing so focus on the need to act in the place of the Constitutional Tribunal, which has lost its independence from the political power, as well as the necessity of continued effective preservation of the Constitution’s primacy and of the fundamental rights and freedoms of individuals. This article takes a more detailed look at this new judicial practice, describes the rationale for its adoption and analyses its consequences from the legal perspective. The trend is capable of being described in theoretical terms, which is the reason for this article’s research hypothesis that the courts’ activities are changing the law-in-action of constitutional review in Poland, as a consequence of the formulation and activation of a defensive mechanism for constitutional democracy. Published on 2022-05-05 13:51:55
Abstract: The Brussels IIa (Recast) Regulation – the long-anticipated revision of the 2003 Brussels II bis Regulation – has brought about significant changes to the EU’s jurisdictional rules that apply to cross-border matrimonial matters (divorce and legal separation) and matters of parental responsibility. However, the role of party autonomy – in this context, the opportunity for parties to the proceedings to designate a closely-connected jurisdiction – continues to be a divisive matter under this renewed instrument. Whilst the pre-existing possibility for parties to participate in the determination of jurisdiction for matters of parental responsibility has been fine-tuned by this recast, the new instrument negates to include a much-needed choice of court provision for cross-border divorce and legal separation. This omission has wide-ranging consequences, both for the use of the instrument itself, as well as for the possibility of coordination with jurisdictions that govern related proceedings. Published on 2022-05-05 13:45:53
Abstract: The main objective of the Services Directive was to remove barriers to trade in services within the Single Market of the European Union. The achievement of this objective still remains an unfulfilled promise according to the Commission, the Member States, and other stakeholders. As was previously raised in the literature, this may be derived mainly from the legislative shortcomings of the Services Directive. In this paper, the author assesses how the Court of Justice of the European Union has contributed to the fulfilment of this aim, during the 14 years since its adoption, in a practical way – through responding to preliminary questions and issuing rulings on the ground of the Commission’s enforcement activity. The analysis covers the delimitation between the regimes for the protection of the freedom of establishment and the freedom to provide services, the forms of restrictions and the potential justification grounds, as interpreted by the Court in its judicial practice. Published on 2022-05-05 13:38:10
Abstract: Security and mobility have become a seemingly inseparable concept in the recent European geopolitical landscape. While the historically deeply rooted social, economic and legal aspects of migration have been extensively studied, the current emphasis on emergency in mobility management, which has has been radically shaping the law-making and law-enforcement dynamics, has been rather underexplored. Taking stock of the challenges emerging in view of adjusting the law-making and enforcement set-up at the national and European levels to a context of emergency, this Special Issue pursues the ambitious goal of shedding light on the post-crisis controversial scenario of mobility in Europe, characterised by the political impasse over the reform of the overall European governance of migration. Based on a neoliberal conceptual framework, this multidisciplinary consideration of human mobility across European borders questions whether the crisis is really over or whether the sense of crisis is projected onto the future policy developments. Published on 2022-02-15 11:22:31
Abstract: Since 2015 hundreds of thousands of migrants have arrived on the Greek island of Lesbos, many fleeing war and poverty, others hoping to find work in Europe and give their children a better future. The arrival of migrants on Lesbos was accompanied by an influx of ‘humanitarian pilgrims’: hordes of journalists, celebrities, academic researchers and volunteers for diverse NGOs. Because the migrants arrived in such large numbers in 2015, they became part of the daily reality of both the local residents and officials at different levels of authority, from local municipalities to EU representatives. The migrants’ arrival on the island was presented in the media both as a historic event and an urgent public problem. The term ‘refugee crisis’ was born. Although its importance and urgency was widely recognized by policymakers, the inability of European and local institutions to manage the influx of migrants in this time of crisis soon became obvious. This ‘unmanageable’ situation, which demanded quick and creative solutions, involved responding to the suffering of the migrants who needed ‘to be managed’, and appealing to the local people’s solidarity and hospitality. The announcement that hundreds of thousands of refugees were arriving on the shores of Greece came at a time when the country was facing severe political and economic problems. The question is when is something ‘announced’ as a crisis and by whom, and which parties define and create a specific public problem and also suggest solutions and remedies. Based on an empirical case study in Greece, this contribution reflects on the concept of ‘Crisis’ from an interdisciplinary perspective, including a historical, philosophical and sociological understanding of its use in the refugee context. Published on 2022-02-15 11:17:30
Abstract: The Common European Asylum System (CEAS) has been in a situation of protracted crisis. This has hampered its process of reform and has urged the European Commission to launch a new Pact on Migration and Asylum, in order to offer a ‘fresh start’ to ‘build a system that manages and normalises migration for the long term.’ While an emergency-driven approach has surfaced as a mandatory route for the future of the CEAS, what does constitute a situation of emergency in EU asylum law' In an attempt to unpack the evolution and understanding of the concept of ‘emergency’ in EU asylum law, the paper argues that the parameters to determine the existence of a situation of emergency have been politically controversial and purposefully left open-ended. This has consequences at the level of EU legislative responses. In particular, the paper will illustrate the potential and limits of the EU emergency legislation in the field of asylum and aims to explain how this legislation impacts both the ordinary legislation at the regulatory level as well as the legislative autonomy of the Member States in situations of emergency. Ultimately, the paper discusses whether the recently proposed legislative instruments, which are designed to address situations of crisis in the field of asylum, are well suited for this role. Published on 2022-02-15 11:12:20
Abstract: The 2020 New Pact on Migration and Asylum could have been the perfect opportunity for the Commission to address and overcome the crisis in the field of a common EU labour migration policy by getting it back on track. But nothing was further from the truth. The attention which the Commission devotes to the subject of EU labour migration in the New Pact is disappointing. It even seems as though the Commission is abdicating its responsibility and leaving it up to the Member States to make national policy in this area. EU labour migration policy has always been a battle ground between the EU and the Member States. It has led to a highly fragmented EU policy that is proving to be ineffective and is generating resistance rather than contributing to a common policy. This article describes and analyses the EU labour migration policy as it has been shaped since 2000, framing it in a post-crisis dilemma. After the failure of an ambitious proposal for a common comprehensive approach to the admission and residence conditions of third country national workers in general, the Commission opted for a sectoral approach, which so far has led to the establishment of four labour migration Directives, namely for highly skilled workers, seasonal workers, intra-corporate transferees and a single permit for residence and work procedure. Due to the 2015 refugee crisis, the Commission has mainly focused on asylum-related issues during the last few years. With regard to EU labour migration regulation, barely any new initiative has been taken. The only EU institutional player which seriously challenges the addressing of the post-crisis situation in this area is the European Parliament. Are we at a crossroads regarding the regulation of EU labour migration' Published on 2022-02-15 11:07:44
Abstract: Nordic countries are part of the borderless Schengen Area, but free movement in the Nordic countries, or Norden, dates back even further: no border controls or restrictions on workers’ movements have existed since the entry into force of the Nordic labour market and passport union in 1958. This article outlines how Finland and its neighbour Sweden, the only Nordic country to keep borders open for Finland in 2020, approached closed borders in Norden during the Covid-19 pandemic, when free movement of Nordic citizens was suspended for the first time in almost 70 years, to be restored only in summer 2021. The article examines the Finnish and Swedish border practices and political debates. Parliamentary discourses are analysed from the perspective of two ideal types of argumentation, namely utilitarian and deontological, arguing that the suspension of free movement leaves long-lasting scars in the trust of both politicians and citizens in interaction across borders. Published on 2022-02-15 10:51:25
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