scholarly journals What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making

2019 ◽  
Vol 10 (3) ◽  
pp. 209-226
Author(s):  
Mary Rogan
Keyword(s):  
Decision Making ◽  
Fundamental Rights ◽  
Decision Making Process ◽  
Critical Question ◽  
High Stakes ◽  
Arrest Warrant ◽  
European Arrest Warrant

The case of Aranyosi and Căldăraru confirms that where prison conditions are so poor as to breach fundamental rights, the non-execution of an European Arrest Warrant is justified. Given the high stakes nature of such a decision, this article examines a critical question: What will be the possible sources of evidence which can and should be used in such an assessment? The article posits that prison inspection and monitoring bodies, which have the task of visiting prisons and reporting on them, with a view to the prevention of ill treatment, will take on an important role in this decision-making process. The article examines what this role might entail and the implications of the decision for prison inspection and monitoring bodies.

scholarly journals Understanding new actors in European Arrest Warrant cases concerning detention conditions: The role, powers and functions of prison inspection and monitoring bodies

2020 ◽  
Vol 11 (2) ◽  
pp. 204-226
Author(s):  
Eva Aizpurua ◽  
Mary Rogan
Keyword(s):  
Decision Making ◽  
European Union ◽  
Fundamental Rights ◽  
Decision Making Process ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Legal Structures

Prison inspection and monitoring bodies are becoming central players in European Arrest Warrant (EAW) decision-making. These bodies write reports on prison conditions and examine their compliance with fundamental rights. Now that poor prison conditions can be a basis to refuse an EAW’s execution, these bodies are becoming increasingly important actors in EAW decision-making process. While this is so, there is a remarkable lack of analysis on the legal structures and activities of such bodies. This article addresses this absence by presenting findings from the first European Union (EU)-wide study of prison inspection and monitoring bodies, providing new insights into the nature of these bodies. It provides both empirical insights into these structures for overseeing detention conditions and doctrinal analysis. It assesses the implications of an increased role for such bodies in the Area of Freedom, Security and Justice.

scholarly journals Personalized Law and Fundamental Rights

2020 ◽  
Vol 1 (4) ◽  
pp. 56-73
Author(s):  
Tembot Z. Misostishkhov
Keyword(s):  
Decision Making ◽  
Big Data ◽  
Legal Education ◽  
Fundamental Rights ◽  
Legal Positivism ◽  
Decision Making Process ◽  
Minimal Risk ◽  
Legal Norms ◽  
The Public

In recent years, scholars have focused increased attention on the idea of personalized law. It suggests the creation and enforcement of individualized legal norms based on the algorithmic processing of data in the similar manner companies personalize their services using Big Data tools. The article aims to define the role and position of personalized law and to evaluate the risks and consequences of personalization in the context of the emerging digital economy. The research analyses the theoretical grounds of personalized law and justifies its interpretation from the perspective of Hart’s legal positivism striking a balance between the sociological facticity of law and normativism. The study reveals the content, essential features of personalized law and defines its concept. The author analyses the correlation of personalized law with fundamental rights, thus evaluating the risks and consequences of personalization. Particularly, the errors of the approximation of a person’s actual will could occur as part of algorithmic decision-making thereby resulting in discrimination. It appears reasonable that at the beginning, algorithmic personalization should cover only those domains which have the minimal risk of the violation of fundamental norms and of intrusion into the field of social debates. The study underscores, that the transparency of the public sector and of the data-based algorithmic decision-making process is crucial in the context of personalized law, but nevertheless could debase its idea due to opportunistic practices. The issues identified during the research lead one to suggest that professionals who have both legal education and expertise in computer sciences would be in demand in the future. Such professionals could perform the role of independent experts and neutral authority monitoring compliance with data subject’s rights.

scholarly journals Decision Making from the Experience of Orthognathic Surgery Patients: A Grounded Theory Approach

2021 ◽  
pp. 238008442110144
Author(s):  
N.R. Paul ◽  
S.R. Baker ◽  
B.J. Gibson
Keyword(s):  
Decision Making ◽  
Grounded Theory ◽  
Treatment Options ◽  
Study Data ◽  
Primary Objective ◽  
Major Surgery ◽  
Future Research ◽  
Decision Making Process ◽  
Theory Approach

Introduction: Patients’ decisions to undergo major surgery such as orthognathic treatment are not just about how the decision is made but what influences the decision. Objectives: The primary objective of the study was to identify the key processes involved in patients’ experience of decision making for orthognathic treatment. Methods: This study reports some of the findings of a larger grounded theory study. Data were collected through face-to-face interviews of patients who were seen for orthognathic treatment at a teaching hospital in the United Kingdom. Twenty-two participants were recruited (age range 18–66 y), of whom 12 (male = 2, female = 10) were 6 to 8 wk postsurgery, 6 (male = 2, female = 4) were in the decision-making stage, and 4 (male = 0, female = 4) were 1 to 2 y postsurgery. Additional data were also collected from online blogs and forums on jaw surgery. The data analysis stages of grounded theory methodology were undertaken, including open and selective coding. Results: The study identified the central role of dental care professionals (DCPs) in several underlying processes associated with decision making, including legitimating, mediating, scheduling, projecting, and supporting patients’ decisions. Six categories were related to key aspects of decision making. These were awareness about their underlying dentofacial problems and treatment options available, the information available about the treatment, the temporality of when surgery would be undertaken, the motivations and expectation of patients, social support, and fear of the surgery, hospitalization, and potentially disliking their new face. Conclusion: The decision-making process for orthognathic treatment is complex, multifactorial, and heavily influenced by the role of DCPs in patient care. Understanding the magnitude of this role will enable DCPs to more clearly participate in improving patients’ decision-making process. The findings of this study can inform future quantitative studies. Knowledge Transfer Statement: The results of this study can be used both for informing clinical practice around enabling decision making for orthognathic treatment and also for designing future research. The findings can better inform clinicians about the importance of their role in the patients’ decision-making process for orthognathic treatment and the means to improve the patient experience. It is suggested that further research could be conducted to measure some of the key constructs identified within our grounded theory and assess how these change during the treatment process.

Evolution of EC Institutions and Role of France (1990–2000)

2011 ◽  
pp. 58-70
Author(s):  
P. Timofeev
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
The Eu

The gradual enlargement of the EEC has necessitated an adaptation of European supranational structures established in the 1950-1970s to the needs of the time. Under these circumstances one of the key priorities of France's participation in the EU is he struggle for preserving her influence on the EU decision-making process. The article is devoted to the interaction of France with its partners in the EU institutions. This implies not only the implementation of its own interests, but also the search for compromise more or less satisfactory to all participants.

The role of a shared decision-making process in paediatric epilepsy surgery

2021 ◽  
Vol 429 ◽  
pp. 119162
Author(s):  
Michelle Gratton ◽  
Bonnie Wooten ◽  
Sandrine Deribaupierre ◽  
Andrea Andrade
Keyword(s):  
Decision Making ◽  
Shared Decision Making ◽  
Epilepsy Surgery ◽  
Decision Making Process ◽  
Shared Decision ◽  
Paediatric Epilepsy

Sharing is caring: the role of voter-candidate similarities in intra-party electoral competition

2018 ◽  
Vol 11 (1) ◽  
pp. 75-89 ◽  
Author(s):  
Patrick F. A. van Erkel
Keyword(s):  
Decision Making ◽  
Electoral Competition ◽  
Decision Making Process ◽  
Supply Side ◽  
Voting Behaviour ◽  
Party Leaders ◽  
Presidential Candidates ◽  
Underrepresented Groups ◽  
Candidate Characteristics

AbstractPrevious studies have found similarities with presidential candidates or party leaders to be an important factor in explaining voting behaviour. However, with the exception of gender, few studies have structurally studied voter-candidate similarities in intra-party electoral competition. This study investigates the Belgian case and argues that voter-candidate similarities play a role in the decision-making process of citizens when casting preferential votes. Moreover, it investigates whether underrepresented groups, and especially women, are more guided by these voter-candidate similarities than overrepresented groups. To achieve this aim voter and candidate characteristics are modelled simultaneously. This enables an investigation of the decision-making process of voters while taking into account structural inequalities at the supply side. The results demonstrate that citizens are indeed more likely to cast preferential votes for candidates similar to themselves and that these effects are stronger for underrepresented groups. Hence, preferential voting could ultimately pave the way for better descriptive representation.

Sign in / Sign up

Export Citation Format

Share Document