|Voorstel van Wet strekkende tot de invoering van een herstelgerichte afdoening via bemiddeling in strafzaken in het Wetboek van Strafvordering, inclusief Memorie van Toelichting|
John Blad, Jacques Claessen, Gert Jan Slump, Anneke van Hoek, Theo de Roos
In deze publicatie treft u een proeve van wetgeving aan, opgesteld op inititatief van en door burgers. Het is een wetsvoorstel, inclusief Memorie van Toelichting, waartoe wij het initiatief hebben genomen in het kader van de aanstaande invoering van een nieuw Wetboek van Strafvordering. Het voorstel van wet is geschreven door een initiatiefgroep (Universiteit Maastricht en Restorative Justice Nederland) in samenwerking met een denktank van ruim tachtig strafrecht- en herstelrechtprofessionals. Het wetsvoorstel is op 21 feburari 2017 overhandigd aan de leden van de vaste kamercommissie voor Veiligheid en Justitie van de Tweede Kamer. Met dit voorstel van wet kan het formele wetgevingproces wat ons betreft echt van start. De mogelijkeheid om zaken in het strafrecht op een herstelgerichte manier af te doen is immers geen luxe, maar noodzaak.
|FRONTEX and the EBCGA|
With this book, Amélie Poméon won the Hanneke Steenbergen Scriptie Prijs 2016 (prize for the best master thesis in the field of migration law in the Netherlands for the year 2015/2016). Hanneke Steenbergen taught migration law at the University of Leiden and was highly dedicated to the promotion of migration law education. After her death, a commemorative foundation was established, the primary purpose of which is to award a yearly prize stimulating research and interest in migration law issues. This book discusses the question to what extent Frontex (and, to a more limited degree, its successor, the European Border and Coast Guard Agency) can be held accountable for breaches of EU law acting both inside and outside EU territory. The issues covered include a detailed discussion of Frontex’ tasks and competences, the legal position and status of EU agencies, agency accountability and the distinction between the notions of accountability and responsibility as well as the extraterritorial applicability of EU law. It also addresses the question whether an individual complaint mechanism can and should be introduced within the Agency’s setup. “Amélie provides with her thesis an almost encyclopedic document about Frontex, the European Agency for management of operational cooperation at the external borders of the European Union. Frontex plays an important role in protecting external borders and therefore has a direct impact on many people’s lives. […] Worth mentioning is that she took an interesting approach by incorporating interviews with various experts on the ground. […] So, a very thorough piece of work on a problem that maintains to be in the forefront of every ones attention.” Jury report Hanneke Steenbergen scriptieprijs 2016
|Computer Forensics and Digital Evidence|
The book has the aim to explain the relevance of the Computer Forensic within investigations related to crimes which involve technology supports. The paramount importance that the innovations have gained in people’s life is a signal of the necessity to acquire knowledges about them. This statement must be considered especially in regards to crime investigations where an unlawful act could irremediably damage lives and rights. Experts in this area are constantly asked to improve their competence in regards to technological data collection, analysis and conservation due to the difficulty to preserve them as a reliable proof in the Court. Although many difficulties still cause flaws within the
Computer Forensic investigations, the development of this branch of knowledge are increasing every day. This publication tries to outline an understandable and incisive description it under a scientific and legal point of view.
|Thoughts on Article 15 of the European Convention on Human Rights|
Article 15 of the European Convention on Human Rights allows States, in time of “war or other public emergency threatening the life of the nation”, to take measures derogating from their obligations to protect human rights. This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15.
|Regulating Anti-competitive Practices in Nigeria’s Communications Sector|
C. E. Izuogu
This pioneering book gives a comprehensive review of the work of the Nigerian Communications Commission in regulating anti-competitive practices in Nigeria’s communications,market. To that end, the book among other things,,discusses the concept of a substantial lessening of competition, which is the substantive standard, used for evaluating anti-competitive conducts in Nigeria’s communications sector, and the substantive application of this standard by the Commission in the three broad areas of anti-competitive agreements and practices; abuse of a dominant position; and mergers, acquisitions and takeovers. The book also discusses the various conducts deemed by the Commission to result in a substantial lessening of competition, and the approach adopted by the Commission in regulating communications Licensees with market power and/or in conducting a dominance determination for the purpose of imposing ex ante regulatory obligations. It is intended that this book will serve as a useful research guide for competition and communications law practitioners in Nigeria, and especially offi cials of the Commission investigating anti-competitive practices. Academics, Economists and law students with an interest in the competition regulation of communications services in Nigeria will also find this book useful.
|Discover International Law|
W. van Genugten, N. Schrijver & D. Heerdt
International law has a huge impact on everyday life, but often only specialists are aware of that. The goal of this book is to make international law accessible for all people interested but not (yet) being such experts. It is an invitation to Discover International Law, and to see how it links to major challenges of today’s world. A second goal of the book is to highlight and explain the long-standing relationship between international law and the City of The Hague, “an epicentre of international justice and accountability" in the words of UN Secretary General Ban Ki-moon. Describing international law as it is and discussing trends and barriers, the authors draw optimistic conclusions in the end, despite the fact that putting international law into practice is in many ways an uphill struggle. They reach their conclusions by looking at international law as part of the ‘ongoing civilization of relations between states’. Analyzing a range of topics, they also make clear that international law serves as a domain that tackles ‘problems without passports’ in increasing interaction between people(s), states, the civil society (NGOs, trade unions, religious groups) and companies, all that being supported and critically followed by the academic community.
|Children’s Rights in a Digital Environment and European Union Law|
Being online has become part of the daily routine for the most of us, particularly for young people. Children are growing up in a fast-paced technological environment, in which the new Information and Communications Technologies (ICTs) such as smartphones or tablets provide limitless internet access and with that a limitless communication. The internet changes the way children interact, communicate, play and learn and in this context, it offers a broad range of opportunities. However, given that the dissemination of personal data as well as of violent or illegal content has been facilitated, the online environment also entails new risks to which children are exposed. With the increasing children’s internet use, the anxiety that children are particularly vulnerable to those risks grows and raises questions about how policy makers, the public and parents may effectively protect children online by balancing opportunities and risks. The aim of this book is to analyse the current legal framework with regard to the protection of the children’s rights in a digital environment. It examines which legal provisions apply to the risks a child may encounter when using the internet and in particular, which instruments have been implemented to prevent child pornography, grooming and the violations of personal data protection rights. It is intended to give an overview of the existing legal instruments on an international and a European Union level, with focus on the European Union legislation and the recent developments in the case law of the European Court of Justice.
|The Doctrine of Command Responsibility and the Need to Avoid Arbitrary Punishments|
When should a superior be held responsible for the crimes of his subordinates? Power and Responsibility are to be seen as a continuum, with one flowing along the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of “evil”. An “evil” restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can compel a person to abridge the limits of morality and infringe upon the rights of others. Therefore, a leader, under the “intoxication” of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life. Power and Responsibility: that is where Command Responsibility comes from.
|Forensic Psychiatry: Day by Day|
Karel T.I. Oei
Writing little articles under the heading “snippets” might at the reader’s first glance give the impression that this book is (mainly?) concerned with tearing out (telling) written pieces of paper to present them in a collection as a collage. Or to scatter them over the readers as a sort of “ticker tape parade”. That term “snippets”, however, is supposed to indicate a sort of personal figure of speech, which primarily serves for digital interaction. They are daily articles from quality newspapers which are sent out to a wide circle of acquaintances under a fitting headline and with the author’s spontaneous reaction. Snippets are supposed to make these recipients think about what drew the author’s attention. They are stimuli that provoke reactions. Often complementary snippets are put together (by means of inserted comments). Sometimes there is a chain. The original text is distinct from snippets and reactions by means of font size. And more or less extensive footnotes are used.