No More Promised Land Waiting at the End of the Road for EU? No matter whether one views the EU as constitutional or administrative in character, its democratic legitimacy has come under increasing pressure, the reason being the separation of power and legitimacy and the collapse of political messianism respectively Hans-Martien ten Napel • May 22, 2012
Netherlands Court Cooks Up Healthy Solution to Chef Martin’s Problems A recent court decision in the Netherlands under the so-called inquiry procedure may give food for thought to other countries and induce them to introduce a similar procedure. This is of great value to small/medium-sized companies that are at standstill. Iris Wuisman and Cees de Groot • May 21, 2012
Judging the Empire: the Emperor as Judge Scattered in the Digests are the remains of a book by the famous jurist Julius Paulus, containing reports of cases judged by several Roman emperors. The Leiden Legal History Department has won an NWO grant to reconstruct this book and its social setting. Egbert Koops • May 18, 2012 • 1 comment
The end of an area The euro crisis is back. Greek and French elections have put strengthening fiscal rules and rescue plans back on the agenda, no matter what Chancellor Merkel says. It is time to consider a civilized divorce of an ill conceived monetary marriage. Joop de Kort • May 17, 2012 • 1 comment
A new Civil Rights Battle on the Horizon? Are we going to see a new branch of Civil Rights litigation? It seems that the Supreme Court will uphold many provisions in the Arizonian ‘SB1070’ law. The law’s practical application might open the door to file numerous civil rights claims at Arizona. Rolf van Wegberg and Michiel Glas • May 16, 2012
Data sharing is caring? The PNR agreement: an old Big Brother story told anew Public records, banking information, correspondence…the list of data accessed by police would be incomplete without Passenger Name Records. The new EU-US PNR agreement will enter into force soon – will it also bring a higher data protection standard? Iryna Ievdokymova • May 15, 2012
Desperately searching for growth The European Commission has published a proposal for an optional Common European Sales Law (CESL) which it says is aimed at boosting trade and expanding consumer choice. Will the CESL meet these goals? Jeroen van der Weide and Pieter De Tavernier • May 14, 2012
No evidence for actuarial justice in judicial decision-making in the Netherlands We live in a risk society, many scholars contend. Attempting to eliminate all risks, criminal punishment is no longer based on guilt, but on one’s risk of jeopardizing the security of others in the future. Just theory? Or also sentencing practice? Sigrid van Wingerden • May 11, 2012
The European Commission’s strategy on eProcurement In its strategy on eProcurement, the Commission points out that huge savings can be made by switching to full electronic procurement. The question is, why haven't we switched over yet? Martijn Linnartz • May 10, 2012 • 1 comment