What balance between Eurojust and Europol from a parliamentary angle?

2020 ◽  
Vol 11 (2) ◽  
pp. 123-134
Author(s):  
Maria Schinina
Keyword(s):  
Control Mechanism ◽  
Fundamental Rights ◽  
The Other ◽  
Democratic Accountability ◽  
Short Introduction ◽  
Legislative Framework ◽  
The One ◽  
Parliamentary Oversight ◽  
Two Bodies ◽  
Operational Dimension

The article addresses the debated issue of the democratic accountability of Europol and Eurojust. After a short introduction on the discussion in the pre-Lisbon phase, it focuses on the current legislative framework. Through a comparative analysis of the relevant provisions of reg (EU) 2016/794 (concerning Europol) and reg (EU) 2018/1727 (on Eurojust), the article highlights an asymmetry in the intensity of the parliamentary oversight on the two Agencies and a much strong interest of Parliaments in the control on Europol. The reasons of this misalignment are identified in the different nature of the two bodies (police vs. judicial) and the reinforced operational dimension of Europol’s activity, which can have a stronger impact on fundamental rights. The second part of the contribution analyses the experience of the recently established Joint Parliamentary Scrutiny Group (JPSG) on Europol, identifying some limits to the parliamentary control mechanism, linked, on the one hand, to the legislative framework and, on the other hand, to the rules governing the structure and functioning of the JPSG. Finally, the article notes that relaunching the process of revision of the JPSG’s Rule of procedure is needed to improve the effectiveness of the parliamentary oversight on Europol. Moreover, a more functional framework for the interparliamentary control on Europol could provide substantial and procedural inputs to the implementation of the extremely meagre provisions related to Eurojust’s democratic accountability. Ultimately, it could represent a general model in the discussion about the democratic accountability of the proliferating Justice and Home Affairs agencies.

scholarly journals Hate Speech and Racial Slurs in the South Afican Context: Where to Start?

2020 ◽  
Vol 23 ◽  
pp. 1-46
Author(s):  
Judith Geldenhuys ◽  
Michelle Kelly-Louw
Keyword(s):  
Hate Speech ◽  
Population Group ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
The Other ◽  
Employment Equity ◽  
Starting Point ◽  
Legislative Framework ◽  
The One ◽  
Building Project

Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights to equality and dignity on the one hand and freedom of speech on the other hand. An analysis of the legislative framework ousting hate speech and unfair discrimination on the basis of race and the manner in which the different relevant provisions have been applied by the courts shows that there are discrepancies that must be addressed. Despite the differences between the policy that facilitated the adoption of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Employment Equity Act 55 of 1998, an alignment must be achieved in the starting point for an objective enquiry dealing with racism. To excuse serious cases of hate speech perpetrated by one population group while presuming that the other population group is racist from the outset does not promote South Africa's nation-building project. On the flipside, to address the unbalanced method of interpretation and implementation of the legislative provisions by adjusting the vantage point from which the assessment into whether an utterance is racist and derogatory is commenced would advance the constitutional value of non-racialism.

Diversity and Harmonisation. Trends and Challenges in European Health Law

2010 ◽  
Vol 17 (1) ◽  
pp. 37-50 ◽  
Author(s):  
Mette Hartlev
Keyword(s):  
Health Care ◽  
Fundamental Rights ◽  
The Other ◽  
Health Law ◽  
European Level ◽  
Patients Rights ◽  
Current Trends ◽  
European Health ◽  
The One ◽  
Fundamental Values

AbstractEuropean countries share a number of fundamental values and ideas, but when it comes to the organisation of health care sectors and attitudes to basic patients’ rights, there are also vast differences. Consequently, at the European level health law has to balance between the aspiration for uniformity and universal respect for fundamental rights on the one hand, and acceptance of national diversity on the other. The aim of the article is to characterise European health law in terms of both divergence and harmonisation, and to explore the tension between these two features in light of current trends and challenges.

Rights in Search of Protection†

2020 ◽  
Vol 40 (2) ◽  
pp. 403-423
Author(s):  
Jacob Weinrib
Keyword(s):  
Review Article ◽  
Democratic Governance ◽  
Fundamental Rights ◽  
The Other ◽  
Legislative Power ◽  
Other Hand ◽  
Institutional Resources ◽  
The One

Abstract In Where Our Protection Lies, Dimitrios Kyritsis develops an innovative constitutional framework that aims to reconcile two commitments: democratic governance and the protection of fundamental rights. This review article argues that the reconciliation fails to provide fundamental rights with meaningful protection. On the one hand, the framework’s moral resources hollow out the duties that rights impose on legislatures. Instead of protecting persons from the abusive exercise of legislative power, the framework narrows what constitutes abuse. On the other hand, the framework’s institutional resources leave persons without the means of vindicating their rights. What Kyritsis terms protection consists in the ongoing susceptibility to the violation of one’s fundamental rights.

For-the-record aesthetics and Robert Johnson's blues style as a product of recorded culture

Popular Music ◽  
2006 ◽  
Vol 26 (1) ◽  
pp. 65-81 ◽  
Author(s):  
ERIC W. ROTHENBUHLER
Keyword(s):  
Historical Context ◽  
The Other ◽  
Musical Culture ◽  
Professional Musician ◽  
The 1960S ◽  
The One ◽  
Two Bodies ◽  
Better Than

Robert Johnson (1911–1938) is the most venerated of all pre-war blues musicians; the veneration borders on hagiography. Recently published revisionist literature has constructed a sociologically realistic portrayal of a professional musician working among other musicians for a contemporary audience in a specific historical context. This has left unexplained, however, the veneration granted to his music by the audience for his records from the 1960s to today. This paper presents the case that these two bodies of fact can be connected and the one serve as an explanation for the other. As Robert Johnson learned his craft from records and radio, and polished his songs to be recorded, he effectively developed a ‘for-the-record’ aesthetic that made his music sound different to that of his Delta contemporaries and many others who used musical techniques honed in performance for an audience. Decades later, when a ‘for-the-record’ aesthetic was the taken-for-granted standard in popular musical culture, Robert Johnson's records sounded better than those of his contemporaries, and the audience from the 1960s to today has had a reason to think that he and his music were special.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

scholarly journals Transnational alternative policy groups in global civil society: Enablers of post-capitalist alternatives or carriers of NGOization?

2017 ◽  
Author(s):  
William K. Carroll ◽  
Jean Philippe Sapinski
Keyword(s):  
The Other ◽  
Network Data ◽  
Intergovernmental Organizations ◽  
Formal Organization ◽  
Alternative Policy ◽  
Preventative Measures ◽  
The One ◽  
Political Economic ◽  
Depth Interviews ◽  
Two Bodies

Since the 1970s, transnational alternative policy groups (TAPGs) have generated visions and strategies pointing to alternatives to capitalist globalization. However, TAPGs are also embedded in networks of intergovernmental organizations (IGOs) and foundations, and may thus be subject to NGOization. This paper examines two bodies of data relevant to this issue: (1) network data that highlight TAPGs’ links to major sources of funds as well as key IGOs; (2) reflections of TAPG protagonists gleaned from in-depth interviews conducted at these groups. While our network analysis is consistent with the NGOization narrative, and while our participants offered many narratives of their own in line with it, they also provided more nuanced accounts that begin to specify the contingencies mediating between, on the one hand, resort to formal organization and to working with IGOs and foundations, and on the other hand, descent into hegemonic incorporation. In a neoliberal political-economic environment, the future of counter-hegemonic politics hinges partly on our identifying how ‘preventative measures’ can be brought to bear on processes of NGOization.

Scholars, Transmitters, and the Making of Talmud

2014 ◽  
Author(s):  
Moulie Vidas
Keyword(s):  
Oral Tradition ◽  
The Self ◽  
The Other ◽  
Self Perception ◽  
Babylonian Talmud ◽  
Torah Study ◽  
Ancient Mesopotamia ◽  
The One ◽  
Two Bodies

This chapter examines three passages that associate with the “conservative,” transmission-oriented aspects of Torah study the occupation with the two bodies of knowledge that the rabbis received: the Written Torah (Scripture) and the Oral Torah (rabbinic tradition). These passages are all premised on a dichotomy between the “received” knowledge of Scripture and oral tradition, on the one hand, and the innovative, creative aspects of study on the other. Building on the work of Daniel Boyarin, Jeffrey Rubenstein, and others who showed that the Babylonian Talmud places a high value on dialectic and analysis at the expense of tradition and memorization, the chapter demonstrates the centrality of this preference to the self-perception of the Talmud's creators and situates it within a polemical conversation among Jews in late ancient Mesopotamia.

Political Power and Corporate Managerialism in Local Government: The Organisation of Executive Functions

1997 ◽  
Vol 15 (3) ◽  
pp. 347-361 ◽  
Author(s):  
C Collinge
Keyword(s):  
Local Government ◽  
Political Power ◽  
Local Governance ◽  
Chief Executive ◽  
The Other ◽  
Democratic Accountability ◽  
Political Structure ◽  
History Of ◽  
The One ◽  
The 19Th Century

The history of British local government since the 19th century reveals two opposite organisational tendencies. On the one hand there has been the entrenchment of a decentralised political structure based around the committee system; on the other hand there have been recurrent expressions of concern at the absence of executive unity within councils, and the development of a number of reintegrative corporate initiatives. Sometimes these initiatives have taken a political and sometimes a managerial form; the most prominent managerial expression of the pursuit of corporate cohesion is the post of chief executive, but this post is to varying degrees disabled by the absence of a cohesive political structure in those authorities where politicians actively seek to govern. It is only where politicians are relatively weak, and where local democratic accountability is attenuated and power transferred to the officers, that the post of chief executive can live up to its corporate expectations. The perpetuation of these circumstances reflects in part a reluctance amongst councillors to concentrate local political power in a centralised political executive; a reluctance which, in practice, plays into the hands of those who favour a managerialist future for local governance.

The Constitutional Significance of the Charter of Fundamental Rights

2001 ◽  
Vol 2 (18) ◽  
Author(s):  
Antje Wiener
Keyword(s):  
Fundamental Rights ◽  
The Other ◽  
Parallel Development ◽  
Charter Of Fundamental Rights ◽  
The One

While constitutionalism appears to be a new buzzword in political, public and analytical Eurospeak, it is never quite clear whether there are any shared terms of reference in this debate in “Europe,” let alone on a worldwide scale. To sort out the different approaches and their analytical strengths and weaknesses, this article offers an overview of analytical choices that are likely to determine the type and outcome of discussions about the constitutional significance of the European Union's Charter of Fundamental Rights (hereafter: the Charter). (2) It juxtaposes the seemingly paradoxical parallel development of a widespread use of “constitutionalism,” and increasingly “constitutionalization,” on the one hand, and the theoretical and political divergence in its application, on the other.

Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective

2013 ◽  
Vol 14 (8) ◽  
pp. 1501-1521 ◽  
Author(s):  
Maribel González Pascual
Keyword(s):  
Fundamental Rights ◽  
The Other ◽  
Comparative Perspective ◽  
The Political ◽  
Federal System ◽  
Other Hand ◽  
The One ◽  
Constitutional Analysis ◽  
Political Compromises

The comparative constitutional analysis of federalism is particularly complex. On the one hand, “[e]ach federal bargain is in important respects unique to the parties' situation,” in contrast to constitutional provisions asserted to guarantee fundamental rights. On the other hand, “provisions concerning federalism may have different historical meanings in a particular polity, tied in different ways to the political compromises.” In addition, the federal system relies on an “interrelated package of arrangements.” Therefore, no element should be considered isolated from other elements of the federal compromise. As a consequence, in order to compare federalism issues it may be necessary to evaluate “the entire interrelated structure.”

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