Civic Cultures and Skills in European Digital Rights Campaigning

Author(s):  
Yana Breindl

Technical skills are increasingly necessary to successfully intervene in policy-making, especially when dealing with technical matters such as Internet or telecommunications regulation. Skills are rooted in experience and cultural practices. Dahlgren's concept of civic cultures is used in this chapter to investigate the cultural underpinnings of the emergent European digital rights movement that has repeatedly targeted EU legislation on copyright enforcement, software patents, and the Internet. The values and identity of the movement are investigated along with the way knowledge and information are processed and trust established through repeated practices in a variety of online and offline spaces. The analysis illustrates how digitally skilled actors can substantially affect policy-making by disrupting the course of parliamentary law-making at the European level. However, technical skills need to be complemented by social and political competencies to gain access and provide convincing input to political institutions that increasingly rely on extra-institutional expertise.

2018 ◽  
pp. 470-493
Author(s):  
Yana Breindl

Technical skills are increasingly necessary to successfully intervene in policy-making, especially when dealing with technical matters such as Internet or telecommunications regulation. Skills are rooted in experience and cultural practices. Dahlgren's concept of civic cultures is used in this chapter to investigate the cultural underpinnings of the emergent European digital rights movement that has repeatedly targeted EU legislation on copyright enforcement, software patents, and the Internet. The values and identity of the movement are investigated along with the way knowledge and information are processed and trust established through repeated practices in a variety of online and offline spaces. The analysis illustrates how digitally skilled actors can substantially affect policy-making by disrupting the course of parliamentary law-making at the European level. However, technical skills need to be complemented by social and political competencies to gain access and provide convincing input to political institutions that increasingly rely on extra-institutional expertise.


2018 ◽  
Vol 7 (1) ◽  
pp. 16-30 ◽  
Author(s):  
Emma Crewe

Purpose The purpose of this paper is to consider the challenges, advantages and limits of ethnographical approaches to the study of parliament. Challenges in the study of political institutions emerge because they can be fast-changing, difficult to gain access to, have starkly contrasting public and private faces and, in the case of national parliaments, are intimately connected to rest of the nation. Design/methodology/approach Ethnography usually tends to be difficult to plan in advance, but especially so when parliament is the focus. Findings Research in parliament requires clear questions but an emergent approach for answering them – working out your assumptions, deciding on the most appropriate methods depending on what wish to find out, and continually reviewing progress. Its great strengths are flexibility, ability to encompass wider historical and cultural practices into the study, getting under the surface and achieving philosophical rigour. Rigour is partly achieved through reflexivity. Research limitations/implications One implication of this is that not only will each study of parliament be different, because each is embedded in different histories, cultures, and politics, but the study of the same parliament will contain variations if a team is involved. Originality/value Ethnographical research is a social and political process of relating; interpreting texts, events and conversations; and representing the “other” as seen by observers.


Author(s):  
Gerald J. Postema

Bentham was tempted to think of the welfare of the community as a grand composite of the pleasures and pains of individuals and he suggested that it is possible to construct a powerful ethical deliberating machine capable of churning out precise, determinate, and publicly verifiable judgments and prescriptions for all moral occasions (the “felicific calculus”). Yet, he also articulated a sophisticated critique of the assumptions on which this model rests. Although pleasure and pain must ultimately anchor all moral judgments, he insisted that the language of the ordinary business of utilitarian moral deliberation, policy making, and law making must be fully public. Despite his criticisms of the quale conception of pleasure, Bentham did not abandon rationality or the principle of utility. Proper utilitarian reasoning still, in Bentham’s view, involved “calculation”—that is, tracing out the consequences of all the options for action, laws, or institutions, consequencesassessed in terms of their impact on the welfare of all the members of the community in view. But these calculations need not fit the simple model, in fact, they must not, since the simple model cannot meet the demands of moral reasoning, in particular the demands of publicity. Bentham’s universal consequentialism took for its core theory of value concerns about expectations and interests, rather than immediate sensings of pleasure or pain.


Legal Skills ◽  
2019 ◽  
pp. 14-42
Author(s):  
Emily Finch ◽  
Stefan Fafinski

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.


Author(s):  
Juan Fernando López Aguilar

Desde los primeros capítulos de la construcción europea con el Tratado de Roma (1957) que cumple 60 años, la jurisprudencia dictada por el Tribunal de Justicia ha sido determinante para la dimensión constitucional del ordenamiento comunitario. En una secuencia de decisiones históricas, el TJ ha afirmado su primacía, eficacia vinculante y su unidad garantizando su interpretación y aplicación uniforme, pero también, sobre todo, los derechos fundamentales dimanantes de las tradiciones constitucionales comunes como fuente del Derecho europeo (principios generales). Esta doctrina se consolida en Derecho positivo, al fin, con la entrada en vigor del Tratado de Lisboa (TL) en 2009, incorporando el TUE, el TFUE, y, relevantemente, la Carta de Derechos Fundamentales de la UE (CDFUE) con el «mismo valor jurídico que los Tratados» y, consiguientemente, parámetro de validez de todo el Derecho derivado, así como de enjuiciamiento de la compatibilidad de la legislación de los EE.MM con el Derecho europeo.La doctrina del TJUE sobre derechos fundamentales ha sido su proyección sobre la protección de datos en el marco de los derechos a la vida privada, a la privacidad frente a la transferencia electrónica de datos y al acceso a la tutela judicial de estos derechos (art. 7, 8 y 47 CDFUE). En ella conjuga los principios de reserva de ley (respetando su contenido esencial) y de proporcionalidad y necesidad de las medidas que les afecten. Pero, además, esta doctrina ha adquirido un impacto decisivo en la articulación jurídica de la relación transatlántica entre la UE y EEUU, confrontando los estándares de protección de datos a ambos lados del Atlántico e imponiendo garantías de un «nivel de protección adecuado» para los ciudadanos europeos. Este artículo examina el impacto de dos recientes sentencias relevantes del TJ —Asunto Digital Rights Ireland (2014) y Asunto Schrems (2015)— sobre el Derecho derivado (Directiva de Conservación de Datos de 2006, Directiva de Protección de Datos de 1995, y Decisión de «adecuación» de la Comisión Europea de 2000) y sobre instrumentos de Derecho internacional (Acuerdo Safe Harbour) entre la UE y EEUU. Impone, como consecuencia, no sólo una negociación que repare las deficiencias detectadas en ambas resoluciones sino una actualización del Derecho europeo (nuevo Data Protection Package en 2016) y una novedosa Ley federal de EEUU que por primera vez ofrece a los ciudadanos europeos acceso al sistema de recursos judiciales ante los tribunales estadounidenses en la defensa del derecho a la protección de datos (Judicial Redress Act, 2016).Right from the first very chapters of the European construction under the Treaty of Rome (1957), which turns 60 this year 2017, the jurisprudence by the Court of Justice has truly been decisive to shape the constitutional dimension of the European Community legal order. In a series of historical decisions, the CJEU has affirmed its primacy, its binding efficacy and unity, while guaranteeing its uniform interpretation and implementation. But it has also, above all, enshrined the fundamental rights resulting from the common constitutional traditions as a source of European Law (i.e general principles). This legal doctrine has been ultimately consolidated in positive Law, finally, with the entry into force of the Treaty of Lisbon (TL) in 2009, incorporating the TEU, the TFEU and, most notably, the Charter of Fundamental Rights of the EU (CFREU) with the «same legal value as the Treaties». Charter Fundamental Rights have turned to be, consequently, a parameter for examining the validity of secondary EU legislation, as well as for scrutinizing and reviewing the standard of compatibility of the national legislation of EU Member States with European law. The legal doctrine of the ECJ on fundamental rights has been particularly relevant in its impact on the data protection in the framework of the rights to privacy, privacy with regard to the electronic data transfer, and access to judicial protection of these rights (art. 7, 8 and 47 CFREU). It combines the principles of reservation of law (in due respect of its essential content) as well as proportionality and necessity for legislative measures that might affect them. But, moreover, this doctrine has had a decisive impact on the legal articulation of the so-called transatlantic partnership between the EU and the US, confronting data protection standards on both sides of the Atlantic and imposing guarantees of an «adequate level of protection» for all European citizens. This paper explores the impact of two recent relevant decisions by the ECJ — its rulings on Digital Rights Ireland case (2014) and on the Schrems case (2015) — upon the secondary EU legislation (Data Retention Directive of 2006, Data Protection Directive of 1995, and the «adequacy» Decision of the European Commission of 2000), as well as upon International Law instruments (Safe Harbour Agreement) between the EU and the US. It imposes, as a consequence, not only a negotiation that remedies the shortcomings detected in both decisions, but also a compelling updating of European law itself (new Data Protection Package in 2016) and a new US federal law, which, for the first time ever, provides European citizens with access to judicial remedies in U.S. Courts in defending their right to data protection (Judicial Redress Act, 2016).


Author(s):  
Marc Holzer ◽  
Richard Schwester

While citizen participation is central to democratic governance, there is a noticeable disconnect between elected representatives and the citizenry, as evidenced by voter apathy, decreased levels of civic participation, and widespread cynicism toward political institutions (Hudson, 2001; Putnam, 2000; Berman, 1997). Citizen participation advocates, however, are optimistic that information and communications technologies (ICTs) will facilitate direct interactions between citizens and government, thereby altering the dynamics of the policy-making process by affording the citizenry a stronger voice. This article examines the integration of ICTs and digital democratic applications in the context of citizen participation in government.


2021 ◽  
pp. 19-48
Author(s):  
Emily Finch ◽  
Stefan Fafinski

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.


2018 ◽  
Vol 14 (2) ◽  
pp. 165
Author(s):  
Mohammed Salman Tayie ◽  
Ibrahim Mohammad Dashti

Objective: The study discusses the role of the parliament in foreign policy-making. The role of the parliament has increased over time in light of the complexities and intertwined interests among countries and the emergence of globalization phenomenon, which has dehumanized the nature and reality of international relations, the need to deepen cooperation among the parliamentarians of countries has increased and expanding it to various fields, and hence emerged the role of parliament in foreign policy-making, so that Public Diplomacy is a substitute for government diplomacy.Method: The study is based on the institutional approach, which is one of the oldest methods used in political analysis. It stems from the study of political institutions in terms of composition and competencies. The institutional approach in its origins is due to the traditional constitutional school in the study of political systems, which was confusing the concept of state and the political system, and the latter is seen as the system of government as defined by constitutional law, i.e. the set of rules and laws governing public authorities and defining their terms of reference and functions.Results: The study concluded that parliamentary diplomacy has become a substitute for the official diplomacy and contributes side by side to the exclusion of war crises and finding the pursuit peaceful diplomatic solutions. The Public Diplomacy is a tributary of support for official diplomacy if coordinated together and the value of Public Diplomacy increases as the goals and orientations of the country's foreign policy express the values and aspirations of the people truthfully.Conclusion: The study concluded that parliaments - especially in democratic systems - play an important role in the process of foreign policy-making, and that there are external and internal factors affecting the effectiveness of the role of parliament in foreign policy. The Kuwaiti parliamentary experience reflected this development of parliamentary diplomacy and its role in foreign policy-making.


1973 ◽  
Vol 25 (4) ◽  
pp. 600-607
Author(s):  
Gerald A. Heeger

The growing role of governmental bureaucracy has been one of the most noted and discussed characteristics of developing political systems. The phenomenon of bureaucratic intervention in politics, already discernible in the 1950's in many of these states, has, so it seems, become the rule rather than the exception in the years that have followed. Despite the prevalence of the politicized bureaucracy, however, and the amount of discussion engendered by the phenomenon, die sources of bureaucratic growth and dominance in the developing states remain obscure. Most analysts emphasize the superior organization of the bureaucracy and argue that this organization, reinforced by die transfer of techniques from abroad and uncontested because of weak indigenous political institutions, provides much of the explanation for the aggrandizement of the bureaucracy in die policy-making process.


2016 ◽  
Vol 18 ◽  
pp. 45-68 ◽  
Author(s):  
Emilia KORKEA-AHO

AbstractThe EU’s openness towards stakeholders is central to the legitimacy of its law-making. With the rapid globalisation of EU legislative activities, openness towards actors from third countries requires analysis. With reference to the notion of ‘lobbying’, this article outlines a framework for identifying the role of third country actors in EU policy processes. The two arguments brought forward suggest that third country lobbying is facilitated by the openness of Union law- and policy-making, and that third country actors contribute to EU decision-making at all stages. The article concludes with a set of questions that third country lobbying raises concerning the EU’s legitimate law-making authority in Europe and beyond.


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