scholarly journals Tussen de regels: een rechtssociologische studie naar handhaving in de sociale zekerheid

2019 ◽  
Author(s):  
◽  
Paulien de winter

‘Fraud should never pay off’ is a commonly heard statement in the Netherlands. The Dutch political and public debate is currently dominated by the notion that fraud in social security must be severely punished. The Tightening of Enforcement and Sanctions Policy Social Affairs and Employment legislation came into effect on January 1st, 2013. This law introduced a stricter system for the legal sanctions of Social Assistance Agencies (municipalities) and the Employee Insurance Agency (UWV) with the intention of deterring stubborn fraudsters. The law is therefore often referred to as the ‘Fraud Act’. With the introduction of the act, the Dutch legislator has expressed its wish that social security agencies should enforce the law more strictly. The question is how this is done in practice. This dissertation focuses on the role of front-line officials who are involved in the enforcement of social security legislation. For this purpose, I have observed various employees in the course of their daily work. I have analysed the implementation practice of social security legislation by using two perspectives. The first perspective is the enforcement styles of front-line officials and the second perspective is the possible alignment of the enforcement choice with the attitude and behavior of the beneficiary (responsive regulation). The bottom-up approach of this research provides a new perspective on the - often closed - world of enforcement.

2021 ◽  
pp. 146801732110097
Author(s):  
Michelle van der Tier ◽  
Koen Hermans ◽  
Marianne Potting

Summary Professional standards state that social workers in public welfare organisations should act as state and citizen-agents. However, the literature provides little insight into how social workers navigate this dual responsibility in their daily work. To address this gap, we used Maynard-Moody and Musheno’s theory on state and citizens-agent narratives to analyse street-level practices of social workers in three local welfare organisations in Germany, the Netherlands and Belgium. This article explores how three specific organisational mechanisms (decision-making authority; the role of the front-line manager and the degree of specialisation) affect the ways social workers navigate both agent narratives in public welfare organisations. The data were gathered by a mixed method design of in-depth interviews and focus groups. Findings Our study shows that social workers struggle with the tensions that intrude between the state and citizen-agent narrative. We found that the extent to which both narratives are adopted by social workers is affected by a complicated interaction between the beliefs of social workers about social justice and responsiveness and the selected organisational mechanisms. Moreover, we found that critical reflection and a supportive attitude of front-line managers can help social workers to manage their double responsibility in practice. Application Our cross-national study contributes to a deeper understanding of the relationship between organisational mechanisms and the moral deliberations of social workers regarding their dual responsibility. It provides in-depth insights into the tensions and conflicts social workers in different contexts face daily on account of their dual responsibility.


BJS Open ◽  
2021 ◽  
Vol 5 (Supplement_1) ◽  
Author(s):  
Eddy Lincango-Naranjo ◽  
Paola Solis-Pazmino ◽  
Eddy Lincango-Naranjo

Abstract Introduction As new coronavirus has spread globally, economic instability in healthcare systems has been significant. This reality is especially accentuated in Ecuador where, the shortage of healthcare workers combined with cultural and macroeconomic factors have led it to face the most aggressive outbreak in Latin America. In this context, the participation of medical students on the front line is indispensable. Appropriate training on COVID-19 is an urgent need that universities and health systems must guarantee. We aimed to describe the knowledge, attitudes and practices in Ecuadorian final year medical students in order to identify the knowledge gaps, perceptions and behavior patterns which could guide the desig3n of better medical education curricula regarding COVID-19. Methods This descriptive 33-item online survey conducted between April 6 to April 20 sent by email and by Facebook and WhatsApp. Results 309 students responded to the survey. 88% scored high (≥ 70% correct) for knowledge of the disease. The majority of students were pessimistic about possible government actions, which is reflected in the negative attitude towards the control of COVID19 in Ecuador and volunteering during the outbreak (77%, and 58% of the students, respectively). Moreover, 91% of students said they did not have adequate protective equipment or training in their health facilities. Conclusions Ecuador has a capable upcoming workforce that could benefit from an opportunity to strengthen, improve and advance their training in preparation for COVID-19. Creating a national curriculum may be one of the most effective ways for all students to be trained, while simultaneously focusing on the students’ most pressing concerns.


Author(s):  
Shani Friedman

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.


2020 ◽  
Vol 1 (1) ◽  
pp. 125-129
Author(s):  
Gede Oscar Geovani ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna

Social security provides protection for workers in the socio-economic risks that befall workers in carrying out their work in the form of work accidents, illness, old age, or death. This thesis discusses the implementation of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency. Based on the description above, this study aims to determine the application of Law Number 24 of 2011 concerning the Social Security Administration at PT. Horiko Abadi, Buleleng Regency 2 legal sanctions against the company in the event of a violation of the provisions of the social security program. The research method used is the empirical juridical method. The location of this research was conducted at PT. Horiko Abadi, Buleleng Regency, a company engaged in the breeding of shellfish and pearl cultivation. Based on the research results, PT. Horiko Abadi has implemented social security protection for all permanent employees in the company in accordance with the provisions of Law Number 24 of 2011 concerning Social Security Administering Bodies, and sanctions for companies that have not implemented the provisions of Law Number 24 of 2011 Regarding the Social Security Administering Body, it is still in the guidance or warning stage until the company concerned can carry out the provisions of the legislation.


Author(s):  
S. P. Volf ◽  

The article highlights the ways of resolving family conflicts nobles and peasants in the first third of the XIX century in the Russian Empire, against the background of the ongoing systematization of legislation. Based on examination of the letters and memoirs of the nobles and peasants we highlighted the methods, which are actually used to solve family conflicts. I conclude that nobles and peasants rarely used help of the state in resolving family conflicts. The sphere of family relations was sacred for these estates; therefore, they did not rope the authorities into family conflicts. I have identified the following ways to resolve family conflicts: duel; marriage, often in the form of a secret wedding; going to the monastery and punishing the unfaithful wife; different approaches to raising children by peasants and nobles. The author of the article pays attention to passivity of the peasants in resolving their family conflicts. The results of the study allow exploring the alternative ways of resolving family conflicts based on representatives of other classes of Russian society in the first third of the 19th century (clergy, merchants, philistines, foreigners) as well, using wider range of sources (journalism, normative acts, fiction, paperwork). This analysis contributes to the discussion about the limits of the government intervention into family affairs. The author of the article redlines that people did not trust the law and resorted to the personally legitimate sources of dealing with family conflicts. This conclusion presents a new perspective in the discussion of legal nihilism and real application of the law in life


TAWASUT ◽  
2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Ali Romdhoni

This paper will state that Madinah Charter is not a constitutionthat is referred as the model in upholding islamic state. Usingsemiotic method, this paper will conclude that every dictumwithin the Madinah Charter has sort of code of conducts thatfunctions to provide social security within the Madinah societyat that time. Nevertheless, current politics could stillappropriate the fundamental values within the MadinahCharter especially in implementing justice-based governance,equality before the law, open public participation and so forth.Excessive intention of certain Muslim group, including inIndonesia, to uphold khilafah system is not in accordance withthe spirit of the Madinah charter. It is because the khilafah isbased on the monarchical system, which does not involve thepeople within the elections and so on as it is implied from theMadinah Charter.Keywords: the madinah charter, constitution, Islamic stateIntroduction


Res Publica ◽  
1986 ◽  
Vol 28 (1) ◽  
pp. 111-137
Author(s):  
Theo Berben ◽  
Joop Roebroek ◽  
Göran Therborn

Social security systems differ not only in size, hut also in form. These forms have often been more controversial than the size of social expenditure. Different social forces have different conceptions of social security.Here is looked into the post-World War II settlements with regard to social security in Austria, Belgium, Britain, France, Germany, and the Netherlands, with a further glance at Denmark, Italy, Norway and Sweden. It is argued, that the labour movement had a particular vision of social security, which was carried through where the labour had the political majority and was defeated where it was a minority. Postwar developments derive form this settlement, which is more visible in the current crisis than in the 1960s - early 1970s period of expansion.


2021 ◽  
Vol 28 ◽  

The issue of the practical mind is a clear landmark as it formed a common element in both philosophy, theology and the principles of jurisprudence, and this issue is the cognitive field that relates to human actions and behavior, what should be done and what should not. Within the folds of the research that dealt with the recognition of the sovereignty of the mind and its ability to rule in isolation from the law, two paths appeared in the fundamentalist thought. The independent objective of these perceptions, and that their existence is not a consideration of the mind and this is what the mental school adopts. It should be noted that the two paths are based on rationality and ugliness, noting that they are a branch of the rule of reason and its independence in ruling apart from Sharia, and thus the size of the distance between the two paths becomes clear. Keywords: the nature of the mind, divisions of the mind, perceptions of the practical mind.


2011 ◽  
pp. 2481-2498
Author(s):  
Larry L. Burriss

What in the world is a chapter on law doing in a book on psychology, behavior and affect (that’s af’ ekt, not ? fekt’)? Well, the analogy of a game comes to mind. The psychologist may ask such questions as, why do the players do what they do? How do they feel about the activity? How do they interact with other players? Certainly these questions are important. But at the same time the players have to play by the rules. And that’s where the law comes in.


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