Are Class Actions Finally (Re)conquering Europe? Some Remarks on Directive 2020/1828

The article provides a brief overview of the background of the new European Union directive on representative actions for protection of the collective interest of consumers (Directive 2020/1828). It describes the basic elements of the directive and explains the major changes that have occurred since the European Commission issued its Recommendation document on collective redress in 2013. The author highlights the issues of the scope of application of the directive, of legal standing to bring a representative action, of collective settlements, and of the problem of funding for collective actions. This discussion puts emphasis on the need to extend legal standing to individual members of the group and articulates an appeal to national legislatures, particularly in Germany, to be more open-minded towards commercial litigation funding and the establishment of a public access-to-justice fund designed to guarantee the effectiveness of Directive 2020/1828 and its implementation.

Bringing the Legislature Back In: Examining the Structural Effects of National Legislatures on Effective Democratic Governance

Extant research in comparative politics has examined the role of institutional frameworks such as constitutional design, the nature of the electoral systems, parliamentarism and federalism on the quality of governance. Understanding variations on effective democratic governance has assumed a state-centric approach that has largely neglected how strong legislatures can drastically affect political outcomes. This study finds empirical evidence that the strength of national legislatures (in terms of its influence over the executive, institutional autonomy, its specified powers and institutional capacity) is correlated to effective democratic governance as measured by voice and accountability, governmental effectiveness, regulatory quality, control of corruption and rule of law entrenchment based on a cross-national analysis of 150 countries with available data from the period 1996–2016. The results hold even when the sample is restricted to developing countries, where party systems are more likely to be under-institutionalized. A sensitivity analysis also confirms that the relationship between strong legislatures and effective democratic governance is not attenuated or conditioned by its interactive effect with other institutional arrangements. Implications suggest that the substantive strength of national legislatures promotes higher levels of democratic accountability, and that the international community must focus on frameworks that strengthen global legislatures to avert political instability and creeping authoritarianism.

Businessperson Deputies and Party Cohesion: Evidence from the Russian State Duma

Previous explorations of Russia’s mixed electoral system uncovered conflicting results on party discipline in legislative voting. The effect in recent convocations is modest, with single-member district deputies expressing slightly less factional loyalty than those elected under proportional representation. However, factors other than electoral mandate may also affect party cohesion. In particular, a definitive connection exists between holding public office in Russia and the opportunity to maximize personal profit-seeking. Using individual-level reading voting data on budgetary bills from the 7th State Duma, I examine how the profit-seeking behavior of deputies who previously held business positions at the executive level influences party cohesion. I find significant evidence that deputies with previous executive business positions defect from their party more frequently than those without. The effect is marginally greater for deputies elected from single-member districts rather than the party-list. These findings have greater implications for party cohesion and the involvement of businesspeople in national legislatures.

European Support for Arab Parliaments: A Successful Way to Democracy?

This article contributes to the Special Issue “Parliaments in the Middle East and North Africa: A Struggle for Relevance”. In the Euro-Mediterranean region, several international parliamentary initiatives are engaged in parliamentary diplomacy and cooperation. Aside from the European Parliament, the Parliamentary Assembly of the Union for the Mediterranean (pa-UfM) and the Parliamentary Assembly of the Mediterranean (pam) cross the shores. In addition, a number of national European parliaments, as well as governmental and non-governmental organizations, cooperate with Arab parliaments in a bilateral manner.Based on the author’s own research in Brussels, Amman, Cairo, Rabat, Tunis, and Valletta, the article analyzes cross-Mediterranean parliamentary relations and argues that parliamentary cooperation could facilitate an increase in Arab parliaments’ overall relevance, eventually leading to advanced democratization; however, the authoritarian regimes still in place in most Arab countries still successfully prevent a meaningful strengthening of national legislatures. International support offers thus require broader transformations in their partner countries before yielding success.

‘The Implementation of the Directive on Copyright and Related Rights in the Digital Single Market’ ‒ Conference Report on the Sixth Binational Seminar of the Technische Universität Dresden and Charles University in Prague, 1 December 2020

‘It’s drafting time!’, but we are not talking about Patrick Mahomes, Alexis Lafrenière or Stephen Curry,1 rather about the implementation proposals for the Digital Single Market (DSM) Directive. This Directive caused a certain media stir in the run-up to it, and now the national legislatures need to implement the provisions of the Directive into the respective national laws. The Member States have until June 2021 to make the relevant transpositions. It will become apparent that very different approaches are being pursued in this respect, but that there are also similarities. For that reason, the sixth binational seminar has taken this as an opportunity to examine on 1 December 2020 the implementation efforts made by Germany and the Czech Republic in a comparative legal analysis under the topic: ‘The Implementation of the Directive on Copyright and related rights in the Digital Single Market’.

How Do Electoral Gender Quotas Affect Policy?

Electoral gender quotas now exist in a majority of national legislatures worldwide. In general, quotas are followed by greater legislative attention to the interests and priorities of women as a group. Across cases, effects have been most pronounced on issues related to women's rights, public health, and poverty alleviation. Quotas can influence policy in two general ways: First, quotas may send cues to all officeholders, prompting broad changes in legislator behavior among both men and women. Second, quotas typically bring more women into legislatures, causing a shift in aggregate legislator preferences and increasing women's ability to collectively influence legislative decisions. Yet, the positive effects of quotas are not universal, and some research reveals instances in which quotas have led to limited policy changes or even to more gender-inegalitarian outcomes. I suggest several variables that may moderate the relationship between quota adoption and policy change, including underexplored dimensions of quota design.

MIXED INDEPENDENT ELECTORAL SYSTEM AND ELECTORAL AUTHORITARISM

Over the past decade, the mixed system became the fastest growing variety of electoral systems used in elections for national legislatures. Opinions about the reasons for the popularity of mixed systems in the research literature still vary. There are no cross-national studies in political science that would link the use of a mixed independent electoral system with the consolidation of an authoritarian order. Under authoritarianism, elections perform three functions: imitation, control and signaling. These functions set the structure of incentives for choosing an electoral formula. The purpose of my study is to determine the structure of incentives for the employment of mixed independent electoral systems under conditions of electoral authoritarianism. One of the main results of the study is that, in comparison with democracies, mixed independent electoral systems are more often used in authoritarian regimes. This is due to the fact that mixed independent electoral system provides an opportunity to effectively realize the imitation, control and signaling functions of elections under electoral authoritarianism.

Sanctions for Intimate Partner Sexual Violence: Is the Law on the Books the Law in Action?

Intimate partner sexual violence (IPSV) is common, yet in many jurisdictions the law still does not adequately recognize it. In those jurisdictions that have formally criminalized IPSV, little is known about the extent to which IPSV-related law on the books is implemented in practice. Especially scarce is systematic quantitative evidence on the processing of IPSV cases by the justice system. We investigate unique case-level court data on the processing and sanctioning of violent sex crime cases in Belgium, a jurisdiction where the law adequately criminalizes IPSV, but where criminal judges are afforded broad sentencing discretion. Our data allow us to observe both the conviction and the sentencing decision. Consequently, we are able to address the endogenous sample selection concerns that arise in the assessment of IPSV-related sentencing disparities by estimating a full-fledged sample selection model. Upon inclusion of a broad range of defendant, victim, and other case controls, we show that defendants who are the victims’ spouses or partners receive statistically significantly shorter prison sentences than defendants who are unrelated to the victims, in the sense that they are neither the victims’ current or former spouses nor family. The documented extralegal disparity is quantitatively noteworthy and survives a series of robustness checks as well as alternative model specifications. Our analysis thus lends empirical credibility to the perspective that while national legislatures have often been slow to address IPSV, the justice systems may be even slower at internalizing the corresponding law. Our evidence-based insight into de facto legal responses to IPSV is of direct relevance to many jurisdictions globally.

The Arms Traffic Conference of 1925

In May 1925, the League of Nations convened a Conference for the Supervision of the International Trade in Arms and Ammunition and in Implements of War in Geneva, Switzerland. Six weeks of negotiations resulted in a new Arms Traffic Convention (as well as the Geneva Protocol against the usage of chemical and biological weapons), which representatives from eighteen countries—including the United States, Britain, France, Italy, and Japan—signed on June 17. The United States led the way to that moment yet did not follow through on it afterward. The treaty, which lacked robust enforcement mechanisms, languished in national legislatures and never entered into force. Even so, it had a constructive legacy: the compilation and publication of statistics on gun-running. Intelligence based on open and closed sources collected for, and resulting from, the Arms Traffic Conference, indicated systematic violations of the European peace settlements and revealed a world awash in guns.