European Journal of Comparative Law and Governance最新文献_第6页

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European Journal of Comparative Law and Governance Pub Date : 2020-12-05 DOI: 10.1163/22134514-00704005

引用次数: 0

Virtual Criminal Justice and Good Governance during Covid-19 新冠肺炎期间的虚拟刑事司法和善治

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European Journal of Comparative Law and Governance Pub Date : 2020-09-23 DOI: 10.1163/22134514-00703001

A. Mccann

引用次数: 2

The Nature of the Motor Insurers’ Bureau and Its Agreements 汽车保险局的性质及其协议

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European Journal of Comparative Law and Governance Pub Date : 2020-06-22 DOI: 10.1163/22134514-bja10003

Matthew Channon

{"title":"The Nature of the Motor Insurers’ Bureau and Its Agreements","authors":"Matthew Channon","doi":"10.1163/22134514-bja10003","DOIUrl":"https://doi.org/10.1163/22134514-bja10003","url":null,"abstract":"The Motor Insurers’ Bureau (mib) was formed in 1946 to provide compensation for victims of road traffic accidents from uninsured drivers and later untraced drivers.\u00001\u0000 The mib and its agreements have been criticised by academics due to potential gaps in coverage.\u00002\u0000 The mib agreements are seen as ‘an entirely novel piece of extra-statutory machinery’,\u00003\u0000 due to not being based in statute and therefore without parliamentary control. This has brought challenges involving issues of transparency when new agreements are created. Claims against the mib, particularly in relation to untraced drivers, have also been controversial. With the UK in a transition period in terms of its relationship with the EU and with the potential absence of a cause of action against the mib post-transition period, the question arises as to whether the mib should be put on a statutory footing.\u0000This article therefore aims to explore whether the mib should be put on a statutory footing. It will examine the relationships between the mib, its members, the state, and Parliament. It will further examine issues involving transparency and enforcement. It will go on to compare the Australian Capital Territory (act) approach in legislation with the United Kingdom (UK) approach, to see what will be gained or lost with the UK adopting the legislative route. It will then conclude on which, if any, examine potential reform options – radical or otherwise – might be usefully pursued to meet the criticisms of to the system in the UK.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-bja10003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44406698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The covid-19 Crisis: A Challenge for Numeric Comparative Law and Governance covid-19危机:对数字比较法和治理的挑战

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European Journal of Comparative Law and Governance Pub Date : 2020-06-22 DOI: 10.1163/22134514-00702003

A. C. Ciacchi

引用次数: 3

Which Governance Structure for Law Making Projects Regarding Emerging Technologies? 针对新兴技术的立法项目采用何种治理结构?

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European Journal of Comparative Law and Governance Pub Date : 2020-03-02 DOI: 10.1163/22134514-00701004

S. Erp

{"title":"Which Governance Structure for Law Making Projects Regarding Emerging Technologies?","authors":"S. Erp","doi":"10.1163/22134514-00701004","DOIUrl":"https://doi.org/10.1163/22134514-00701004","url":null,"abstract":"We are all, more and more, convinced that the major fault lines characteristic of today’s legal systems are the impact of Information Technology (IT), more particularly the emerging (or so-called “disruptive”) technologies, on the law and how the law can contribute to reversing our changing climate. In the Netherlands, but not only there, the latter aspect has drawn quite some attention because of the recent decision by the Netherlands Supreme Court in the “Urgenda case”, demanding the government to reduce the level of greenhouse gases with 25% before the end of 2020.1 The decision seems quite severe, especially in a country where the Constitution forbids the judiciary to decide on the constitutionality of statutes, but at the same time allows that same judiciary to rule on the compatibility of these very statutes with international treaties. The decision brings to the surface the growing tensions within the country’s political system (legislature and executive) and its judiciary. However, except when it comes to privacy protection, no such far-reaching and principled cases seem to have thus far reached Supreme Courts in Europe in the area of IT and law, for example regarding the legal nature of smart contracts (i.e. self-executing computer programmes), replacing more traditional standardised or boilerplate contracts. Although legislation in this area seems to be growing, particularly when looking at the micro-jurisdictions within Europe (Malta, Liechtenstein), still many questions are unanswered and even in states with a beginning of a legislative framework no case law has developed yet.2","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the Internationalisation and Harmonisation of Archival Law 论档案法的国际化与和谐化

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European Journal of Comparative Law and Governance Pub Date : 2020-03-02 DOI: 10.1163/22134514-00701002

Herbjørn Andresen

{"title":"On the Internationalisation and Harmonisation of Archival Law","authors":"Herbjørn Andresen","doi":"10.1163/22134514-00701002","DOIUrl":"https://doi.org/10.1163/22134514-00701002","url":null,"abstract":"Archival laws exist in most countries, with some similarities due to a common professional basis. Over several decades, regional and global laws have evolved in different fields imposing requirements, or expectations, for reliable and accessible archives. Merely a few attempts have been made to harmonise archival law in the sense of pursuing a goal of rule similarity. Still, there seems to be an increase of areas where international law or regional harmonisation of laws presupposes archival law with a capacity to safeguard creation and preservation of reliable archives, documenting government activities. Even without manifest goals of harmonising archival law into uniform rules, the broad range of emerging requirements on reliable archives may lead to some form of approximation of archival law. Following a broad account of developments in this field, Sections 2 through 4, there is a discussion of advantages and disadvantages of stronger or weaker modes of harmonisation. Strong harmonisation could perhaps more convincingly safeguard the reliability of archives, at the cost of a possible lock-in of the scope of archival law. Weaker forms of harmonisation yield more differentiated archival laws. On the other hand, weak harmonisation may be more adaptive to developments in adjacent fields.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22134514-00701002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48790563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Outsourcing the Welfare State: The Role of Private Actors in Welfare Fraud Investigations 外包福利国家：私人行为者在福利欺诈调查中的作用

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European Journal of Comparative Law and Governance Pub Date : 2020-03-02 DOI: 10.2139/ssrn.3512114

S. Ranchordás, Y. Schuurmans

{"title":"Outsourcing the Welfare State: The Role of Private Actors in Welfare Fraud Investigations","authors":"S. Ranchordás, Y. Schuurmans","doi":"10.2139/ssrn.3512114","DOIUrl":"https://doi.org/10.2139/ssrn.3512114","url":null,"abstract":"This article discusses the growing trend to employ private parties as informants, private detectives and providers of digital technology (e.g., automated risk assessments) to predict and investigate welfare fraud. In this article, we argue that this type of outsourcing is problematic for multiple reasons. First, private actors and governments often have an ill-defined contractual relationship which creates legal uncertainty and promotes the use of unconventional evidence-gathering instruments. This issue also raises concerns regarding the accountability of public bodies and the transparency and fairness of administrative procedure. Second, the private enforcement of anti-fraud regulations is susceptible of endangering the adequate pursuit of the public interest due to the misalignment of public and private interests. Third, the outsourcing of enforcement tasks to private technology companies and their opaque automated systems can be detrimental to the right to due process, the right to non-discrimination, and the privacy of welfare recipients. This article contributes to the literature with a novel critical account of how private actors are reshaping the welfare state.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":"4 5","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41316112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

A Normative Metastasis? 正常转移？

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European Journal of Comparative Law and Governance Pub Date : 2020-01-06 DOI: 10.1163/22134514-00701001

V. Zeno-Zencovich

引用次数: 0

The Hidden Proceedings – An Analysis of Accountability of Child Protection Adoption Proceedings in Eight European Jurisdictions 隐藏的程序——欧洲八个司法管辖区儿童保护收养程序的责任分析

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European Journal of Comparative Law and Governance Pub Date : 2019-12-02 DOI: 10.1163/22134514-00604002

Kenneth Burns, Katrin Kriẑ, J. Krutzinna, Katre Luhamaa, T. Meysen, Tarja Pösö, Sagrario Segado, Marit Skivenes, J. Thoburn

{"title":"The Hidden Proceedings – An Analysis of Accountability of Child Protection Adoption Proceedings in Eight European Jurisdictions","authors":"Kenneth Burns, Katrin Kriẑ, J. Krutzinna, Katre Luhamaa, T. Meysen, Tarja Pösö, Sagrario Segado, Marit Skivenes, J. Thoburn","doi":"10.1163/22134514-00604002","DOIUrl":"https://doi.org/10.1163/22134514-00604002","url":null,"abstract":"How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned – such as parents, child; b) the general public that authorized the politicians and the government to make legislation; and c) the elected government, i.e. the legislators and the system that have granted the court, court-like or administrative body the authority to make these decisions. Our data material consists of national legislation, organizational guidelines (courts, child protection, or supervisory agencies), statistics and expert knowledge. The conclusions of our analysis are discouraging. There is only limited accountability for one of the most intrusive interventions by a state into the private lives of individuals. There is a lack of information about the proceedings as well as a lack of transparency. We identify systems that, with few exceptions, operate in isolation, with only a few outsiders having access or knowledge about what is going on. We cannot in this study say anything about the decision-making quality in these proceedings, they may be excellent, but the problem is that very few external actors are in a position to examine the quality of the decisions. This missing connection between the wider democratic society and this part of the legal systems in the eight democracies we studied is of huge concern, and we have indications that the situation is equally concerning in other European states.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46809023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

‘Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective’, written by Katalin Kelemen Katalin Kelemen著《欧洲宪法法院的司法异议：比较与法律视角》

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European Journal of Comparative Law and Governance Pub Date : 2019-12-02 DOI: 10.1163/22134514-00604001

Serkan Yolcu

引用次数: 0