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1. The Political Economy of Law Enforcement

Author:
Matías Dewey, Cornelia Woll, and Lucas Ronconi
Publication Date:
01-2021
Content Type:
Research Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
The legal order is the legitimate foundation of liberal democracy. Its incomplete enforcement of the law can therefore appear dysfunctional, reflecting weak institutions, state capture, and corrupt practices. This paper casts doubt on such categorical assessments by systematically examining the reasons for and intentions behind incomplete enforcement. It argues that law enforcement is part of the political process that is deeply affected by the constellation of actors concerned. Choices over law enforcement produce social order that is analytically distinct from the production of legal norms and their formal implementation. By analyzing different types of partial enforcement, its rationales, and intended effects, we propose an approach that studies law enforcement as an integral part of public policy analysis and of the study of socioeconomic orders.
Topic:
Economics, International Political Economy, Law Enforcement, Law, Police, and Legal Sector
Political Geography:
Europe and Global Focus

2. Technical Election Assessment Mission in Serbia

Author:
Alexandra Brown, Andrew Rogan, Ashley Law, Cirilo Marinkovic, Fernanda Buril, Gina Chirillo, Jovana Strahinic, Nermin Nisic, Magnus Ohman, Rebecca Aaberg, Staffan Darnolf, and Steven Canham
Publication Date:
04-2021
Content Type:
Commentary and Analysis
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
Based on international standards and good practices adopted worldwide, the International Foundation for Electoral Systems (IFES) applies its Technical Election Assessment Mission (TEAM) methodology to assess electoral environments. Using the TEAM model in Serbia, IFES assessed core areas of the electoral process — analyzing both the legal and regulatory framework and implementation practices — to provide technical support and recommendations for stakeholders and interested parties to strengthen electoral transparency and integrity. The report’s analysis and recommendations are designed to be addressed through the election reform process and relevant institutions, but also with tailored interventions facilitated by IFES, such as training, capacity building, civic awareness-raising and advocacy.
Topic:
Elections, Election watch, Voting, and Legal Sector
Political Geography:
Europe and Serbia

3. Together or Alone? The need for increased Albanian-Dutch cooperation to fight transnational organised crime

Publication Date:
08-2020
Content Type:
Policy Brief
Institution:
Institute for Democracy and Mediation (IDM)
Abstract:
In recent years the Netherlands has voiced security-related concerns about the involvement of Albanian nationals in organised crime in the Netherlands. These concerns culminated in a request to the European Commission to suspend visa-free travel for Albanians to the EU. This policy brief argues that the current Dutch approach does not provide the best means to address issues of organised crime, such as drug trafficking, related to Albanian nationals. It identifies several inadequacies in the crime data used to substantiate the Dutch position and the way Dutch authorities publicly communicate them. It posits that greater bilateral cooperation beyond the EU accession framework could improve efforts to fight transnational organised crime effectively. The opening of EU accession negotiations with Albania may offer a window of opportunity to formulate a constructive agenda of cooperation beyond the formal EU enlargement framework.
Topic:
Crime, International Cooperation, Regional Cooperation, Law Enforcement, Organized Crime, and Legal Sector
Political Geography:
Europe, Albania, and Netherlands

4. New Forms of Public Administration Activity in Poland after 1989 as an Attempt of Realization Current Social Demands

Author:
Paulina Bieś-Srokosz
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The deep changes in Polish legal system and economy that took place after 1989 contributed to the emergence of new challenges for public administration. The legislator, in order to satisfy growing numbers of social demands, appointed new tasks and created a new legal form of action for public administration entities. However, not every of the new forms were fitted to classically understood administrative law. Part of this new forms at the same time combines some features characteristic for administrative law as well as typical for civil law, which gives them untypical (hybrid) character. As an example, there can be mentioned: civil law contracts with so called “overlays” (obligatory additional conditions) imposed by certain legal acts as well as administrative settlements and administrative contracts. The aim of this article is to analyze those hybrid forms of action of public administration entities in terms of implementation the objectives of regulation set by the legislator.
Topic:
Governance, Public Policy, Social Services, and Legal Sector
Political Geography:
Europe and Poland

5. Community, Not Confinement

Publication Date:
10-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The UN Convention on the Rights of Persons with Disabilities (CRPD) affirms the rights of all people to live in their communities. Yet between 2007 and 2013, EU member states invested millions of euros of EU structural funds into institutions that confine and segregate people living with disabilities. Now, although the 2014–2020 round of structural funds requires member states to introduce domestic deinstitutionalization measues, the danger remains that EU investments in institutions will continue. The European Commission has a responsibility to ensure the rights of Europeans with disabilities and the proper direction of EU investments. Community, Not Confinement examines EU law and policy governing the use of structural funds, and EU and state responsibilities to human rights obligations under international and EU law. This report also recommends several steps the commission should take, including providing clear guidance to member states that projects selected for the use of structural funds must comply with the CRPD; verifying that such programming aligns with the CRPD and supports independent living; and funding civil society to monitor member states’ investments and inform the commission of findings.
Topic:
Human Rights, International Law, United Nations, Law, Disability, Community, Political Rights, and Legal Sector
Political Geography:
Europe