Utrecht Law Review最新文献

Gender Quota for Corporate Directors: a Task for the European Union? The Revival of the Directive on Gender Balanced Company Boards 公司董事的性别配额:欧盟的任务?公司董事会性别平衡指令的复兴

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.913

Albertine Veldman

引用次数: 0

Community Mediators in South Sudan: Empirical Legitimacy and Post-conflict Rule of Law Building 南苏丹社区调解员:实证合法性与冲突后法治建设

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.861

J. Ubink, Bernardo Ribeiro de Almeida

{"title":"Community Mediators in South Sudan: Empirical Legitimacy and Post-conflict Rule of Law Building","authors":"J. Ubink, Bernardo Ribeiro de Almeida","doi":"10.36633/ulr.861","DOIUrl":"https://doi.org/10.36633/ulr.861","url":null,"abstract":"The scholarship on legitimacy of dispute settlement institutions has largely ignored community mediation institutions operating in the global south. This article aims to remedy that gap, through a case study of community mediation groups in South Sudan, a state emerging from large-scale conflict where formal courts are only marginally able to fulfill their assigned roles and the rule of law needs to be built almost from the ground-up. The article studies both the empirical legitimacy of the community mediation groups and how they relate to the rule of law building project in the country. Is the empirical legitimacy of formal and informal dispute settlement institutions as a zero-sum relationship, where increasing popularity and use of informal dispute settlement institutions detract from the popularity and empirical legitimacy of formal institutions, inhibiting the maturation of the legal system and a rule of law? Or could informal dispute settlement institutions – with proper linkages to the formal system – strengthen formal institutions, both judicial and administrative? These are highly relevant questions for post-conflict states where building a well-functioning legal system is seen as a precondition for sustainable peace and development.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671599","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

Reconceptualizing Empirical Legitimacy for Situations of Severely Conflicting Social Interests 重新定义社会利益严重冲突情况下的经验合法性

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.865

M. Boone, Mieke Kox

引用次数: 0

Judgment Based on Agreement of the Parties: Analysis from the Perspective of Practitioners’ Experience in Croatia 基于当事人协议的判断:基于克罗地亚执业人员经验的分析

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.850

Elizabeta Ivičević Karas, Ante Novokmet, Igor Martinović

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Combating the COVID-19 Crisis within the European Union: A Critical Assessment of the ‘Next Generation EU’ in the Context of the Budgetary Balance 在欧盟内部应对COVID-19危机:预算平衡背景下对“下一代欧盟”的关键评估

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.853

Dominik Łukowiak

引用次数: 0

Migrants’ Equal Access to Social Benefits under EU Law: Fragmentation and Exclusion during the Covid-19 Crisis in Italy 欧盟法律下的移民平等获得社会福利:意大利新冠肺炎危机期间的分裂和排斥

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.897

Virginia Passalacqua, Lorenzo Grossio

{"title":"Migrants’ Equal Access to Social Benefits under EU Law: Fragmentation and Exclusion during the Covid-19 Crisis in Italy","authors":"Virginia Passalacqua, Lorenzo Grossio","doi":"10.36633/ulr.897","DOIUrl":"https://doi.org/10.36633/ulr.897","url":null,"abstract":"This paper uses the case of Italy during the Covid-19 pandemic to critically assess the EU legal framework on third-country national migrants’ equal access to social benefits. In Italy, migrants are structurally excluded from core social protections, a situation that during the pandemic led to a worsening of existing patterns of inequality; migrants have been more exposed than citizens to poverty, unemployment, and destitution. The first part of the paper looks for the EU legal root of this situation: it examines the EU legal framework in the migration field, showing that it is affected by fragmentation and inconsistencies. These problems become even more acute at the national level, where the Italian legislature mis-transposed the EU migration directives, thus affecting the use of discretionary clauses therein and severely curtailing migrants’ equal treatment rights. Then, the second part of the paper asks whether adopting a mainstreaming approach to enhance equality could improve the situation of migrants. The paper argues that equality mainstreaming in the migration field shows good potential, while also encountering some structural limits. Therefore, it can hardly be considered a silver bullet against the problem of migrants’ discrimination.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135010030","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

Towards Evidence-Based Legitimacy Interventions in EU Law: Challenges and Directions for Empirical Research 欧盟法律中基于证据的合法性干预:实证研究的挑战与方向

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.844

E. Grosfeld, A. Cuyvers, D. Scheepers

{"title":"Towards Evidence-Based Legitimacy Interventions in EU Law: Challenges and Directions for Empirical Research","authors":"E. Grosfeld, A. Cuyvers, D. Scheepers","doi":"10.36633/ulr.844","DOIUrl":"https://doi.org/10.36633/ulr.844","url":null,"abstract":"As EU institutions are increasingly being asked to address societal challenges, the legitimacy need of the EU becomes more evident. With the aim of complementing the already rich literature on normative EU legitimacy and ultimately enabling evidence-based legitimation strategies, this contribution identifies and addresses gaps in empirical research on perceived EU legitimacy, which pertain to conceptualization, operationalization and explanatory factors. To that end, we first of all define perceived EU legitimacy as the perception among EU citizens that the EU’s exercise of authority is appropriate. Drawing on the relational approach to legitimacy, these perceptions arise from socially held norms about how the EU should rightfully exercise authority, which are in turn influenced by the socio-political context. We then propose ways in which such a conception of legitimacy can be operationalized in empirical research. Finally, we lay the foundation for a theoretical model on the sources of EU legitimacy perceptions, arguing that such a model should consider social psychological processes related to identity and morality, because these factors influence how people process information about the EU, and are increasingly part of the environment in which norms about rightful rule arise. Once empirical research is better equipped to understand these processes underlying citizens’ legitimacy perceptions of the EU, opportunities arise to develop evidence-based interventions and inform legal practices in the EU with extra-legal insights. As EU legitimation through policies, legal reform and institutional design requires knowledge of legal feasibility, social scientists and lawyers should collaborate to embed empirical insights in EU law. Bridging the norm-fact divide in this manner is both normatively desirable and empirically necessary for the EU to strengthen its legitimacy and face societal challenges.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69671197","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

Conflict, Constituent Power and Institutional Legitimacy in the Canadian Oil Sands 加拿大油砂的冲突、组织权力和制度合法性

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.866

Asmaa Khadim

引用次数: 0

Field Experiments Examining Trust in Law: Interviewer Effects on Participants with Lower Educational Backgrounds 考察法律信任的实地实验:采访者对低学历参与者的影响

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.817

K. van den Bos, Liesbeth Hulst, Marianne Robijn, Sietske Romijn, Thijs Wever

{"title":"Field Experiments Examining Trust in Law: Interviewer Effects on Participants with Lower Educational Backgrounds","authors":"K. van den Bos, Liesbeth Hulst, Marianne Robijn, Sietske Romijn, Thijs Wever","doi":"10.36633/ulr.817","DOIUrl":"https://doi.org/10.36633/ulr.817","url":null,"abstract":"An important prerequisite for democratic societies to function smoothly is that citizens put trust in the law and as such trust the judges in their country. Therefore, whether various participants actually trust the law is an important topic in many different studies. The current paper notes that insights into trust in law among lower educated participants is relatively lacking. We further note that there is a possibility that levels of trust in law may vary in important ways among participants with lower educational backgrounds as a function of who is conducting the research. Three field experiments tested this assumption. Results of all three experiments show that, when completing questionnaires given to participants by interviewers presenting themselves as coming from law schools, participants with lower educational backgrounds indicated that they hold higher levels of trust in their country’s judges than when the same interviewers presented themselves as coming from regional community colleges. Taken together, these findings indicate a robust phenomenon overlooked thus far in the literature, namely that trust in the judiciary can vary systematically among citizens with lower educational backgrounds as a function of interviewer affiliation. Implications on how to understand this phenomenon are discussed.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69670898","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

Legitimacy as Expressed versus Legitimacy as Experienced: Methodologies to Assess an Elusive Concept 表达的合法性与经验的合法性:评估一个难以捉摸的概念的方法

IF 0.6

Utrecht Law Review Pub Date : 2023-01-01 DOI: 10.36633/ulr.842

F. van Dijk

引用次数: 0