U podrucju manjinskih prava EU promovira norme koje nemaju uporiste u zakonodavstvu EU i koje nisu dio pravne stecevine EU. Limiti uvjetovanosti implementacije manjinskih prava koje EU promovira vidljivi su mehanizmu pracenja te implementacije, ukljucujuci i redovna izvjesca Evropske komisije o napretku zemlje ka EU koja prate manjinske probleme u politickom kontekstu neke zemlje. Izvjesca se baziraju na Kopenhagenskim kriterijima o zastiti manjina. Potrebni su ozbiljni napori u implementaciji zakonskih normi manjinskih prava. Nekoliko faktora utice na implemenatciju: konfuzija oko pravne (...) prirode zastite manjinskih prava, neodre?enost formulacije standarda i koristi koje bi njihovim provo?enjem neka zemlja imala. Kako svi ti faktori ne bi doprinosili daljnjoj nedorecenosti, EU mora ujednaciti i jasno definirati standarde manjinskih prava, uvjeravajuci vlade da postojanje manjinskih grupa obogacuje drustvo, a mjere usmjerene na ocuvanje njihove specificnosti utjecu na smanjenje rizika od konflikta.Iako se na primjeru Hrvatske moze vidjeti da su usvojene, promjenom zakonodavstva, mnoge evropske norme zastite manjina, iz izvjesca Evropske komisije najblize je moguce vidjeti i njihovu limitiranost, tj. ne primjenjivanje zakona u realnost. Izvjesca Evropske komisije o napretku prikazuju da manjinski problem nije prioritet EU u pristupnim pregovorima, te poteskoce EU u pracenju napretka u nedostatku jasno definiranih mjerila u podrucju manjinskih prava. (shrink)

This paper explores “the peopling of Europe through data practices” in relation to standardized testing of students in Denmark. Programme for International Student Assessment is a central component of Danish and European education infrastructures. In Denmark, mediocre PISA results spurred the introduction of national testing. With inspiration from Michel Foucault’s notion of biopolitics, this paper analyzes how complementary Danish national test assessment scales make up population objects and student subjects and how these scales are aligned with European and (...) transnational standards. A norm scale, standardized against the European Credit Transfer System grading scale, enacts a population whose performance can be tracked over time. A criteria scale introduces categories describing skills and enacts a moving student subject whose progression can be tracked. This paper argues that the three assessment scales enact the student population as bound to the nation and as simultaneously constituted in relation to transnational European categories and imaginaries of competition. As part of this, this paper discusses how the national test and PISA are used to single out students of non-European background, anticipated to be low PISA achievers and nonparticipants in a European knowledge economy. (shrink)

For several years, the official European method for deciding whether or not shellfish were fit for human consumption was the mouse bioassay, which was eventually replaced by chemical testing. In this paper, we examine the process of this change, looking at how devices of social, technical, and organisational risk management were re-negotiated locally, nationally, and across the continent. We also show how the political decision to replace a precautionary standard with a management-vigilance device was the result of various dynamics. (...) These included unpredictable events, enhanced scientific knowledge, collective mobilisations, and multi-level statutory, commercial, and ethical orders. (shrink)

The prevalence and negative impact of brain disorders are increasing. Clinical Neuropsychology is a specialty dedicated to understanding brain-behavior relationships, applying such knowledge to the assessment of cognitive, affective, and behavioral functioning associated with brain disorders, and designing and implementing effective treatments. The need for services goes beyond neurological diseases and has increased in areas of neurodevelopmental and psychiatric conditions, among others. In Europe, a great deal of variability exists in the education and training of Clinical Neuropsychologists. Training models include (...) master’s programs, continuing education courses, doctoral programs, and/or post-doctoral specialization depending on the country, with no common framework of requirements, although patients’ needs demand equal competencies across Europe. In the past five years, the Standing Committee on Clinical Neuropsychology of the European Federation of Psychologists’ Association has conducted a series of surveys and interviews with experts in the field representing 30 European countries. The information, along with information from the existing literature, is used in presenting an overview of current and relevant topics related to policy and guidelines in the training and competencies in Clinical Neuropsychology. An option for the way forward is the EuroPsy Specialist Certificate which is currently offered in Work- and Organizational psychology and Psychotherapy. It builds upon the Basic Certificate and complements national standards without overriding them. General principles can be found that can set the basis for a common, solid, and comprehensive specialty education/training, sharpening the Neuropsychologists’ competencies across Europe. The requirements in Clinical Neuropsychology should be comparable to those for the existing specialty areas in the EuroPsy model. Despite the perceived challenges, developing a Specialist Certificate appears a step forward for the development of Clinical Neuropsychology. Recommendations are proposed towards a shared framework of competencies by the means of a common level of education/training for the professionals in Europe. Benchmarking training standards and competencies across Europe has the potential of providing protection against unqualified and ethically questionable practice, creating transparency, raising the general European standard, and promoting mobility of both Clinical Neuropsychologists and patients in Europe, for the benefit of the professional field and the population. (shrink)

For several years, the official European method for deciding whether or not shellfish were fit for human consumption was the mouse bioassay, which was eventually replaced by chemical testing. In this paper, we examine the process of this change, looking at how devices of social, technical, and organisational risk management were re-negotiated locally, nationally, and across the continent. We also show how the political decision to replace a precautionary standard with a management-vigilance device was the result of various dynamics. (...) These included unpredictable events, enhanced scientific knowledge, collective mobilisations, and multi-level statutory, commercial, and ethical orders. (shrink)

The study aimed to identify the availability of the resource and partnership standard as one of the possibilities of excellence in Palestinian universities according to the European model. The study used the analytical descriptive method. The study was conducted on the university leadership at Al - Azhar and Islamic Universities, where the study population consisted of (282) individuals. The study sample consisted of (135) individuals, (119) of them responded, and the questionnaire was used in collecting the data. The study (...) has reached a number of results, the most important of which is the existence of a high standard of resources and partnership in the Palestinian public universities operating in the southern governorates. The fields of the resource and partnership criteria were as follows: (79.8%) management of internal and external partnerships; management of technical resources (technology) (76.4%), Buildings, equipment and resources (76%), Finance Management (72.8%). The study presented a number of recommendations, the most important of which is: Increasing the interest of universities in applying the criteria of resources and partnership as one of the criteria of excellence, increasing the interest of universities in managing finance and obtaining funding for their various activities, periodic maintenance of buildings and equipment and ensuring their suitability to the requirements of the educational process. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, (...) equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects are (...) identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations. (shrink)

The concept of Europeanization has become very popular in studies of European integration and particularly in analyses on the post-communist countries undergoing extensive transformation on the road to European Union membership. Although the Europeanization process has been quite successful in the countries of Central and Eastern Europe (CEE), the same scenario has not played out in the western Balkans region. With the purpose of analysing the effectiveness and impact of the Europeanization process in the western Balkans, the main (...) subject of the paper is Bosnia and Herzegovina’s EU-related reform processes. Although Bosnia has been undergoing thorough Europeanizing reforms since the late 1990s, when the country entered the Stabilization and Association Process (SAP), it is still an unstable and dysfunctional country. That makes it the perfect case for assessing the possible shortcomings of the Europeanization process. Thus far, most scholars have concluded that domestic political elites in Bosnia are the only party responsible for Bosnia’s political deadlock. However, this paper analyses the continued Bosnian deadlock from a different perspective, trying to figure out the degree of responsibility the European Union shares in the country’s Europeanization process. Although uncooperative Bosnian political elites are to a great extent responsible for the continued political and social status quo, EU leaders are not faultless either. In fact, so far European leaders have often appeared to be deeply divided, incoherent, and short-sighted in terms of Europeanization policies in Bosnia, thus further deepening the political deadlock in the country. Therefore, we can ask whether Bosnia represents a litmus test which the EU has failed. (shrink)

Recital 33 GDPR has often been interpreted as referring to ‘broad consent’. This version of informed consent was intended to allow data subjects to provide their consent for certain areas of research, or parts of research projects, conditional to the research being in line with ‘recognised ethical standards’. In this article, we argue that broad consent is applicable in the emerging field of Computational Social Science (CSS), which lies at the intersection of data science and social science. However, the (...) lack of recognised ethical standards specific to CSS poses a practical barrier to the use of broad consent in this field and other fields that lack recognised ethical standards. Upon examining existing research ethics standards in social science and data science, we argue that they are insufficient for CSS. We further contend that the fragmentation of European Union (EU) law and research ethics sources makes it challenging to establish universally recognised ethical standards for scientific research. As a result, CSS researchers and other researchers in emerging fields that lack recognised ethical standards are left without sufficient guidance on the use of broad consent as provided for in the GDPR. We conclude that responsible EU bodies should provide additional guidance to facilitate the use of broad consent in CSS research. (shrink)

Criticism of ethical review of research continues and research ethics committees (RECs) need to demonstrate that they are “fit for purpose” by meeting acknowledged standards of process, debate and outcome. This paper reports a workshop in Warsaw in April 2008, organised by the European Forum for Good Clinical Practice, on the problems of setting standards for RECs in the European Union. Representatives from 27 countries were invited; 16 were represented. Problems identified were the limited and variable (...) resources, difficulties of setting standards for ethical debate and its outcomes and that REC members, as volunteers, may resent the imposition of standards. Other ways to set standards were discussed, including analysis of current multicentre review, collecting REC member reports for review, learning from appeals and feedback from applicants, and use of other regional and national meetings. The place of a central, national board or ethics committee was debated as was the need for collaborating with partners in other fields. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the (...) ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

According to Schopenhauer’s compensation argument for pessimism, the non-existence of the world is preferable to its existence because no goods can ever compensate for the mere existence of evil. Standard interpretations take this argument to be based on Schopenhauer’s thesis that all goods are merely the negation of evils, from which they assume it follows that the apparent goods in life are in fact empty and without value. This article develops a non-standard variant of the standard interpretation, which accepts the (...) relevance of the negativity thesis but rejects that the argument assumes that life’s goods are all empty and valueless. Instead, it argues that whatever value negative goods might possess, they do not have the kind of value to compensate for positive evils. This involves additional development of the negativity thesis and a defence of it against objections from Byron Simmons (2021). (shrink)

Although ethical decision‐making theory has evolved over the years, within the field of management, research still revolves around James Rest’s (1986) four‐step framework, dominated by a positivist epistemology and a quantitative methodology. Given that currently there is a call for a theoretical, epistemological, and methodological renovation for the enlargement and enrichment of knowledge about how decisions are morally made in organizations, this paper has a double aim. First, by showing the models’ main flaws and limitations, it critically assesses the prominent (...) theoretical models of Rest, Trevino, and Jones. Then, for decision making in organizations, the paper aims to posit a fresh moral theory that addresses the phenomenon from a comprehensive epistemological perspective. To do so, it steps back from those prominent models in order to review John Dewey’s “theory of moral life.” At the core of the proposed comprehensive theoretical framework are Dewey’s concepts of a “moral standard” and “valuation.” Finally, the paper shows how the Dewey‐based framework can both overcome the flaws and limitations that are identified in those prominent models and can enrich empirical research, therefore contributing to developing as a whole the ethical decision‐making field. (shrink)

This article focuses on problematizing the harmonisation of higher education in Europe today. The overall aim is to analyse the construction of the European citizen and the rationality of governing related to such a construction. The specific focus will be on the rules and standards of reason in higher education reforms which inscribe continuums of values that exclude as they include. Who is and who is not constructed as a European citizen? Documents on the Bologna process produced (...) in Europe and in Sweden are analysed drawing on the Foucauldian notion of governmentality, showing a neoliberal rationality of governing. The European citizen needs to become flexible, autonomous and self‐regulating as a way of facing the threats of the constantly changing future. The technique of diversity is a condition of possibility for constructing such a citizen and for harmonising higher education in Europe. Further, the current power relations in the discourse define what is and what is not European, thus constructing ‘the other’, the one who is excluded. (shrink)

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon Treaty. (...) Article 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (shrink)

The increased scrutiny of investors regarding the non-financial aspects of corporate performance has placed portfolio managers in the position of having to weigh the benefits of ' holding the market' against the cost of having positions in companies that are subsequently found to have questionable business practices. The availability of stock indexes based on sustainability screening makes increasingly viable for institutional investors the transition to a portfolio based on a Socially Responsible Investment (SRI) benchmark at relatively low cost. The increasing (...) share of socially responsible investments may play a role in providing incentives towards a continuous upgrading of sustainability standards to the extent that their performance is not systematically inferior to that of the other funds. This article examines whether these incentives have been so far detectable with particular reference to the Dow Jones Sustainability Stoxx Index (DJSSI) that focuses on the European corporations with the highest CSR scores among those included in the Dow Jones Stoxx 600 Index. The aim of the article is twofold. First, we analyse the performance of the DJSSI over the period 2001-2006 compared to that of the Surrogate Complementary Index (SCI), a new benchmark that includes only the components of the DJ Stoxx 600 that do not belong to the ethical index to evaluate more correctly the size of possible divergent performances. Second, we perform an event study on the same data set to analyse whether the stock market evaluation reacts to the inclusion (deletion) in the DJSSI. In both cases, the results suggest that the evaluation of the CSR performance of a firm is a significant criterion for asset allocation activities. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of (...) law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

As products of the "new biotechnology," genetically modified organisms have provoked a wide-ranging risk debate on potential harm, especially from herbicide-tolerant crops. In response to this legitimacy problem, the European Community adopted precautionary legislation, which left open the definition of environmental harm. When the U.K. proposed Europe-wide market approval of a herbicide-tolerant oilseed rape, the proposal encountered dissent from some countries and environmentalist groups. Further debate on normative judgments became necessary to implement the precaution ary legislation. In dispute were (...) several regulatory boundaries—of administrative re sponsibility, causality, acceptability, and evidence. The boundary disputes expressed divergentframings of biotechnological risk, each with its implicit model of the socionatu ral order. In this way, the disputes can illuminate the sorts of risk framings that have already become embedded and standardized in other regulatory sectors. (shrink)

Nurses are responsible for the well-being and quality of life of many people, and therefore must meet high standards of technical and ethical competence. The most common form of ethical guidance is a code of ethics/professional practice; however, little research on how codes are viewed or used in practice has been undertaken. This study, carried out in six European countries, explored nurses’ opinions of the content and function of codes and their use in nursing practice. A total of (...) 49 focus groups involving 311 nurses were held. Purposive sampling ensured a mix of participants from a range of specialisms. Qualitative analysis enabled emerging themes to be identified on both national and comparative bases. Most participants had a poor understanding of their codes. They were unfamiliar with the content and believed they have little practical value because of extensive barriers to their effective use. In many countries nursing codes appear to be ‘paper tigers’ with little or no impact; changes are needed in the way they are developed and written, introduced in nurse education, and reinforced/implemented in clinical practice. (shrink)

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of (...) living and working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ECHIC—The European Consortium for Humanities Institutes and Centres 2023 Annual ConferenceIlenia Vittoria CasmiriEcological Mindedness and Sustainable Wellbeing, ECHIC—The European Consortium for Humanities Institutes and Centres 2023 Annual Conference, May 25–27, 2023, University of Ferrara, ItalyThis year’s annual conference of the European Consortium for Humanities Institutes and Centres (ECHIC) invited international scholars with diverse backgrounds to explore visions of a desirable future world that is both environmentally (...) sustainable and socially just. In stressing the social and political relevance of the humanities in Europe today, the main goal of the Consortium, as it is articulated on the conference website, is the pursuit of the highest international standards of excellence with a spirit of innovation and exploration of new research areas:Since the World Commission on Environment and Development published Our Common Future (1987) [commonly known as the Brundtland Report], the notion of... sustainability has been expanded to incorporate environmental, cultural, legal, and economic features of a low-carbon future and to encompass the wellbeing of all living species, which involves material aspects such as the social acceptance of resource-efficient transitions and immaterial ones such as flourishing human capabilities. [End Page 625]The participants of the 2023 ECHIC conference on Ecological Mindedness and Sustainable Wellbeing presented original, multidisciplinary perspectives, and offered valuable opportunities to develop holistic approaches to the prismatic issue of environmental sustainability. Bringing together cultural diversity as well as local and global perspectives, keynoters and panelists addressed the vast array of challenges imposed by the perpetuation of anthropocentric worldviews. Their challenge to traditional demarcations between the humanities, the social sciences, economy, law, architecture, engineering, and the life and medical sciences, generated synergies for exploring interconnections between life forms, resources, and heritage. While the theoretical frameworks varied considerably, they all advocated for the need to overcome ideological, cultural, and spatial barriers in favor of broader, more inclusive approaches to other disciplines, other cultures, other humans, other species. Overall, the conference not only exposed the cultural and economic roots of social inequality and of uneven distribution of resources, thanks to unsustainable modes of capitalist production and consumption, but also highlighted the media’s positive effect in eliciting pro-environmental behaviors.Toward More Sustainable FuturesThe prismatic nature of the concept of sustainability inspired keynote speakers Alexa Weik von Mossner (University of Klagenfurt), Adrian Ivakhiv (University of Vermont), Tim Waterman (University College London), and Antonio López (John Cabot University) to address climate apocalypse impacts on the human physical and psychological well-being from diverse personal and academic backgrounds.In the opening keynote lecture, “Growing Hope: Narratives of Food Justice and Sustainability,” Weik von Mossner explores the psychological implications of affect and emotion in the communication of environmental issues. Her diachronic account illustrates the rise and fall of the South Central Farm in Los Angeles, a sanctuary for locals by providing fresh produce, stimulating a sense of community, and representing a symbol of resilience against systemic inequalities. Weik Von Mossner elucidates the psychological benefits accruing from exposure to such a sustainably inhabited space. Her analysis of Scott Hamilton Kennedy’s documentary, The Garden (2008), affirms that climate change narratives across media may prompt food justice activism (Retzinger 2011, 337) by eliciting the emotional engagement of its audience. [End Page 626]However, observes von Mossner, the greater the popularity of the Farm, the greater the threat posed to its existence. Through documentaries, news articles, and online campaigns, the South Central Farm has received national and international attention. At the same time, media have shed light on the struggles faced by marginalized communities and provided a solid basis for discussions on social justice, environmental activism, and the value of communal spaces. She explains that activists used social media to voice their concerns about the potential eviction and the loss of a vital resource for the local community, leading to an outpouring of support from environmentalists and celebrities who had realized to what extent the predominantly low-income, minority community was affected by limited access to fresh food and green spaces.Adrian Ivakhiv, delivering his keynote “How to Face the Angel of History: A Call to Anthropocenic Conscience” the following day, suggests that a pervasive lack of an emotional... (shrink)

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity (...) into the private law through national social constitutions like Civil Codes has been far less successful.legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism. (shrink)

Benefiting from a widely recognised experience of the field of bioethics, the Council of Europe which represents all the democratic countries of Europe, has embarked on the ambitious task of drafting a European Convention on bioethics. The purpose of this text is to set out fundamental values, such as respect for human dignity, free informed consent and non-commercialisation of the human body. In addition to this task, protocols will provide specific standards for the different fields concerned with the (...) application of biomedical sciences. The convention and the first two protocols (human experiments and organ transplants) are due to be ready for signature by mid 1994. (shrink)

This is the sixteenth volume of an extremely successful series. The book contains highly respected annual surveys of EC Law and the jurisprudence of the European Court of Human Rights, together with articles written by leading academics in the field. Through its commitment to consistently high standards, it is well-established as an essential tool for all practitioners and scholars of EC law. European Library describes the publication as a fundamental work for jurists, but also for any reader (...) wishing to keep informed and Lloyds Maritime and Commercial Law Quarterly states that it is an authoritative and readable account essential reading for those following the commercial integration of Europe. (shrink)

The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate measures that affect (...) the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen. (shrink)

Political theorists aiming to articulate normative standards for the EU have almost entirely focused on whether or not the EU suffers from a ‘democratic deficit'. Almost nothing has been written, by contrast, on one of the central values underpinning European integration since at least the European Coal and Steel Community (ECSC), namely solidarity. What kinds of principles, policies, and ideals should an affirmation of solidarity commit us to? Put another way: what norms of socioeconomic justice ought to (...) apply to the EU? This is not an empirical or narrowly legal question. We are not trying to gauge the degree of attachment there currently is in the EU by, for example, citing the latest Eurobarometer poll. We are also not attempting to state the implicit rationale followed by the Court of Justice in its recent ‘solidarity’ jurisprudence, let alone trying to fix what the Commission might mean by it. In this article, I ask the more fundamental question underlying both the legal and the empirical questions: What principles of social solidarity ought to apply between states and citizens of the emerging European polity? This question has rarely been asked or answered by political theorists in an EU context, so we are entering largely uncharted territory. The article develops a tripartite model of EU solidarity in Section 2, and then applies it to the case of free movement of persons in Section 3. (shrink)

We construct novel measures to assess (i) the extent to which European Union member states are using common standards in recognizing asylum seekers and (ii) the extent to which the responsibilities for asylum applications, acceptances and refugee populations are equally shared among the member states, taking into account population size, gross domestic product (GDP) and GDP expressed in purchasing power parity (GDP-PPP). We track the progression of these measures since the implementation of the Treaty of Amsterdam (1999). These (...) measures display divergent trends and we try to provide an interpretation of the dynamics that are constitutive of these trends. (shrink)

For cognitivist accounts of aesthetic appreciation, appreciation requires an agent (1) to perceptually respond to the relevant aesthetic features of an object o on good evidential grounds, (2) to have an autonomous grasp of the reasons that make the claim about the aesthetic features of o true by pointing out the connection between non-aesthetic features and the aesthetic features of o, (3) to be able to provide an explanation of why those features contribute to the overall aesthetic value of o. (...) In this framework, aesthetic emotions have traditionally been confined to the level of aesthetic perception (1) and dismissed from the process of reason-giving (2, 3). I argue that this dismissal is due, firstly, to a questionable perceptual reading of the connection between emotional experience and value, and, secondly, to a narrow focus on the basic emotions. My argument will reveal that the non-standard or ‘intellectual’ emotions, the emotions which are in fact most important to appreciation, can play a significant epistemic role in our appreciative practices. They can do this because they (a) help us to deliberately focus our attention and (b) place the appreciator in a state of second-order awareness of their mental states. I conclude the paper by showing how these two epistemic tools (a, b) can help the appreciator to meet the explanatory/justificatory conditions (2) and (3). (shrink)

The President of the European Bank for Reconstruction and Development examines three major ethical problems in the transition from post‐Communist Europe to a market economy and spells out the only real option for Western Europe. He delivered this address, which is reprinted with permission, at a Conference on Business and Moral Standards in Post Communist Europe held in London in November last year under the auspices of the Archdiocese of Westminster and sponsored by the Sedgwick Group and KPMG (...) Peat Marwick. (shrink)

This book examines the labour standards provisions in a number of Regional and Bilateral Trade Agreements, and assesses the potential of using the relevant clauses in these trade agreements as a benchmark for a multilateral approach. Based on the lessons learned from the Regional model, the book proposes a Global Labour and Trade Framework Agreement (GLTFA) combined with a joint ILO/WTO enforcement mechanism to resolve the contentious issue of the link between the CLS and international trade. The history of (...) the linkage between the Core Labour Standards (CLS) and international trade dates back roughly 150 years, and has recently become one of the most vexing issues facing policy-makers. At the heart of the debate is the question whether or not trade sanctions should be imposed on countries that do not respect the CLS as embodied in multilateral conventions administered by the International Labour Organization (ILO). Concretely, this would entail inserting a social clause in the World Trade Organization (WTO) rules, and would trigger the imposition of sanctions on those countries that do not adhere to the CLS. Kofi Addo is a policy advisor to the Board of Governors of the International Baccalaureate Organisation. He holds a PhD in law from the University of Bern, Switzerland.. (shrink)

SUMMARYCharles Howard Ellis, born in Sydney in 1895 and a Great War veteran, was working as a journalist in Vienna and Geneva when he wrote one of the most comprehensive books of the time on the League: The Origin, Structure and Working of the League of Nations. Dedicated to the progressive literary figures of the era and showing a particular debt to the writings of the British Labour left, Ellis argued that the internationalism of the age marked a necessary rejection (...) of the anarchic conditions that brought forth the Great War. The League and its associated institutions constituted ‘the first step toward a world society’ that would facilitate the suppression and ultimate removal of the causes of conflict. A remarkable work in itself, this progressive volume was written by a member of British intelligence who had already made a reputation in this sphere and was to go on to hold very senior positions in the 1940s. The question is considered whether the ideas expressed were a product of Ellis's genuine beliefs, or whether they were a mask for his substantive professional role. The circumstances around the writing of this book are also reviewed in an attempt to answer this question, especially given the hitherto accepted scholarly view that Konni Zilliacus of the League Secretariat was the actual author. (shrink)

The identification of a reference standard is a major problem in diagnostic imaging. This comment invites reflection on the notion by illustrating three philosophical approaches to truth and evidence.

Nanomaterials have attracted much interest in the medical field and related applications as their distinct properties in the nanorange enable new and improved diagnosis and therapies. Owing to these properties and their potential interactions with the human body and the environment, the impact of nanomaterials on humans and their potential toxicity have been regarded a very significant issue. Consequently, nanomaterials are the subject of a wide range of cutting-edge research efforts in the medical and related fields to thoroughly probe their (...) potential beneficial utilizations and their more negative effects. We posit that the lack of standardization in the field is a serious shortcoming as it has led to the establishment of methods and results that do not ensure sufficient consistency and thus in our view can possibly result in research outputs that are not as robust as they should be. The main aim of this article is to present how NanoDiaRA, a large FP7 European multidisciplinary project that seeks to investigate and develop nanotechnology-based diagnostic systems, has developed and implemented robust, standardized methods to support research practices involving the engineering and manipulation of nanomaterials. First, to contextualize this research, an overview of the measures defined by different regulatory bodies concerning nanosafety is presented. Although these authorities have been very active in the past several years, many questions remain unanswered in our view. Second, a number of national and international projects that attempted to ensure more reliable exchanges of methods and results are discussed. However, the frequent lack of publication of procedures and protocols in research can often be a hindrance for sharing those good practices. Subsequently, the efforts made through NanoDiaRA to introduce standardized methods and techniques to support the development and utilization of nanomaterials are discussed in depth. A series of semi-structured interviews were conducted with the partners of this project, and the interviews were analyzed thematically to highlight the determined efforts of the researchers to standardize their methods. Finally, some recommendations are made toward the setting up of well-defined methods to support the high-quality work of collaborative nanoparticle-based research and development projects and to enhance standardization processes. (shrink)

This paper is a survey of standards being used in the domain of digital cultural heritage with focus on the Metadata Encoding and Transmission Standard created by the Library of Congress in the United States of America. The process of digitization of cultural heritage requires silo breaking in a number of areas—one area is that of academic disciplines to enable the performance of rich interdisciplinary work. This lays the foundation for the emancipation of the second form of silo which (...) are the silos of knowledge, both traditional and born digital, held in individual institutions, such as galleries, libraries, archives and museums. Disciplinary silo breaking is the key to unlocking these institutional knowledge silos. Interdisciplinary teams, such as developers and librarians, work together to make the data accessible as open data on the “semantic web”. Description logic is the area of mathematics which underpins many ontology building applications today. Creating these ontologies requires a human–machine symbiosis. Currently in the cultural heritage domain, the institutions’ role is that of provider of this open data to the national aggregator which in turn can make the data available to the trans-European aggregator known as Europeana. Current ingests to the aggregators are in the form of machine readable cataloguing metadata which is limited in the richness it provides to disparate object descriptions. METS can provide this richness. (shrink)

Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral courage was assessed (...) with a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

As elsewhere, the ethical debate on embryonic stem cell research in Central Europe, especially Germany and Switzerland, involves controversy over the status of the human embryo. There is a distinctive Kantian flavor to the standard arguments however, and we show how they often embody a set of misunderstandings and argumentative shortcuts we term "embryological Kantianism." We also undertake a broader analysis of three arguments typically presented in this debate, especially in official position papers, namely the identity, continuity, and potentiality arguments. (...) It turns out that these arguments do not support the strong, quasi-personal status accorded to the embryos in these official opinions. (shrink)

The debate on the European Union's democratic deficit usually operates within a national-democratic framework of analysis. This article argues for a change in methodology. It follows the thesis that the EU is a ‘demoicracy’– a polity of multiple demoi– and has to be evaluated as such. Core principles of demoicracy are developed and the EU is assessed accordingly. Such an evaluation is not only more adequate, but also provides original insights: it is found that, whereas the constitutional development of (...) the EU has approached demoicratic standards in general, major deficits remain at the national level. (shrink)

Functionalism about mental phenomena must account for their multiple realizability. According to standard doctrine, this can be achieved by allowing our folk theory's realization formula to be multiply satisfied by distinct physical properties. If at all, uniqueness can then be restored by suitable relativization to populations or worlds. Recent arguments suggest that this is a dead end. Here the attempt is made to devise a novel type of functionalism that accounts for multiple realizability but rejects the standard doctrine and thus (...) proves immune to those arguments. The distinctive feature of this novel type of functionalism is its use of plural quantification in ramsification, which allows it to retain uniqueness of satisfaction despite multiple realizability while respecting naturalness requirements on physical properties. (shrink)

Health care in prison and particularly the health care of older prisoners are increasingly important topics due to the growth of the ageing prisoner population. The aim of this paper is to gain insight into the approaches used in the provision of equivalent health care to ageing prisoners and to confront the intuitive definition of equivalent care and the practical and ethical challenges that have been experienced by individuals working in this field. Forty interviews took place with experts working in (...) the prison setting from three Western European countries to discover their views on prison health care. Experts indicated that the provision of equivalent care in prison is difficult mostly due to four factors: variability of care in different prisons, gatekeeper systems, lack of personnel, and delays in providing access. This lack of equivalence can be fixed by allocating adequate budgets and developing standards for health care in prison. (shrink)

This book offers an empirical and theoretical account of the mode of governance that characterizes the Bologna Process. In addition, it shows how the reform materializes and is translated in everyday working life among professors and managers in higher education. It examines the so-called Open Method of Coordination as a powerful actor that uses “soft governance” to advance transnational standards in higher education. The book shows how these standards no longer serve as tools for what were once human (...) organizational, national or international, regulators. Instead, the standards have become regulators themselves – the faceless masters of higher education. By exploring this, the book reveals the close connections between the Bologna Process and the EU regarding regulative and monitoring techniques such as standardizations and comparisons, which are carried out through the Open Method of Coordination. It suggests that the Bologna Process works as a subtle means to circumvent the EU’s subsidiarity principle, making it possible to accomplish a European governance of higher education despite the fact that education falls outside EU’s legislative reach. The book’s research interest in translation processes, agency and power relations among policy actors positions it in studies on policy transfer, policy borrowing and globalization. However, different from conventional approaches, this study draws on additional interpretive frameworks such as new materialism. (shrink)

Since the introduction of the U.S. Sarbanes-Oxley Act in 2002 and several other national corporate governance codes, whistleblowing policies have been implemented in a growing number of companies. Existing research indicates that this type of governance codes has a limited direct effect on ethical or whistleblowing behaviour whereas whistleblowing policies at the corporate level seem to be more effective. Therefore, evidence on the impact of (inter)national corporate governance codes on the content of corporate whistleblowing policies is important to understand their (...) indirect impact on whistleblowing behaviour. This study analyzes the contents of whistleblowing policies, and parts of corporate codes of conduct and codes of ethics, describing such policies of 56 leading European companies. By classifying the contents in seven categories, an exploratory framework was created. General contents often identified were: applicability to all employees, a group-wide scope and an authoritative tone. The most common general violations to report were breaches of internal policies and external regulations or laws. The more specific violations most frequently mentioned were criminal offences and dangers to health and safety or the environment. Contacts to report to were the direct or indirect supervisors, a compliance officer or a confidential "hotline" facility. A confidentiality guarantee was common and anonymous reporting was often possible, though sometimes discouraged. Protection against retaliation is stated by ensuring that retaliation will not happen, prohibiting it or making it punishable. The requirement of good faith was frequently given. Finally, investigation of the report was often guaranteed. Surprisingly little information is given on the treatment of whistleblowers reporting an unfounded complaint in good faith, or reporting a violation they were involved in. The study's findings are most relevant to companies without a whistleblowing policy or those that intend to benchmark their policies, and to pan-European standard setters. (shrink)

Since the introduction of the U.S. Sarbanes-Oxley Act in 2002 and several other national corporate governance codes, whistleblowing policies have been implemented in a growing number of companies. Existing research indicates that this type of governance codes has a limited direct effect on ethical or whistleblowing behaviour whereas whistleblowing policies at the corporate level seem to be more effective. Therefore, evidence on the impact of (inter)national corporate governance codes on the content of corporate whistleblowing policies is important to understand their (...) indirect impact on whistleblowing behaviour. This study analyzes the contents of whistleblowing policies, and parts of corporate codes of conduct and codes of ethics, describing such policies of 56 leading European companies. By classifying the contents in seven categories, an exploratory framework was created. General contents often identified were: applicability to all employees, a group-wide scope and an authoritative tone. The most common general violations to report were breaches of internal policies and external regulations or laws. The more specific violations most frequently mentioned were criminal offences and dangers to health and safety or the environment. Contacts to report to were the direct or indirect supervisors, a compliance officer or a confidential “hotline” facility. A confidentiality guarantee was common and anonymous reporting was often possible, though sometimes discouraged. Protection against retaliation is stated by ensuring that retaliation will not happen, prohibiting it or making it punishable. The requirement of good faith was frequently given. Finally, investigation of the report was often guaranteed. Surprisingly little information is given on the treatment of whistleblowers reporting an unfounded complaint in good faith, or reporting a violation they were involved in. The study’s findings are most relevant to companies without a whistleblowing policy or those that intend to benchmark their policies, and to pan-European standard setters. (shrink)

This chapter first addresses the standard definition of international organizations and the theory of functionalism. Then, it examines why the status of international organization may be deemed attractive. Functionalism appears highly plausible when it suggests why international organizations are set up since, obviously, a single state will be unable to guarantee the accurate delivery of mail abroad or provide for collective security. The chapter also focuses on the European Union, which can be regarded as possessing international legal personality. The (...) European Communities were all individually granted legal personality, and this was construed as including personality under international law. Functionalism finds its normative justification in the contribution of organizations to the common good, and the Court of Justice of the European Union's (CJEU), in similar spirit, has placed considerable weight on the public nature of the tasks of an international organization, both in SAT Fluggesellschaft and in Vardakas. (shrink)

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a (...) particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe. (shrink)