As multifunctional places that combine shopping and hospitality with public space and residential functions, urban consumption spaces are sites where different normative orders surface and sometimes clash. In Amsterdam, such a clash emerged over touristification of consumption spaces, eroding place attachment for local residents and urging the city government to take action. Based on policy analysis and interviews with entrepreneurs and key informants, we demonstrate how Amsterdam’s city government is responding to this issue, using legal pluralism that exists within formal state law. Specifically, the city government combines four instruments to manage touristification of consumption spaces, targeting so-called tourist shops with the aim to drive them out of the inner city. This strategic combination of policy instruments designed on various scales and for different publics to pursue a local political goal jeopardizes entrepreneurs’ rights to legal certainty. Moreover, implicitly based on class-based tastes and distrust towards particular minority groups of entrepreneurs, this policy strategy results in institutional discrimination that has far-reaching consequences for entrepreneurs in itself, but also affects trust relations among local stakeholders.
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In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.
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Recent years have seen a massive growth in ethical and legal frameworks to govern data science practices. Yet one of the core questions associated with ethical and legal frameworks is the extent to which they are implemented in practice. A particularly interesting case in this context comes to public officials, for whom higher standards typically exist. We are thus trying to understand how ethical and legal frameworks influence the everyday practices on data and algorithms of public sector data professionals. The following paper looks at two cases: public sector data professionals (1) at municipalities in the Netherlands and (2) at the Netherlands Police. We compare these two cases based on an analytical research framework we develop in this article to help understanding of everyday professional practices. We conclude that there is a wide gap between legal and ethical governance rules and the everyday practices.
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Following the rationale of the current EU legal framework protecting personal data, children are entitled to the same privacy and data protection rights as adults. However, the child, because of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection. In the online environment, children are less likely to make any checks or judgments before entering personal information. Therefore, this paper presents an analysis of the extent to which EU regulation can ensure children’s online privacy and data protection.
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This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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The EU Maritime Spatial Planning Directive (MSPD) requires the member states (MS) to pursue Blue Growth while ensuring good environmental status (GES) of sea areas. An ecosystem-based approach (EBA) should be used for the integration of the aims. However, the MSPD does not specify how the MS should arrange their MSP governance, which has led to a variety of governance arrangements and solutions in addressing the aims. We analysed the implementation of the MSPD in Finland, to identify conditions that may enable or constrain the integration of Blue Growth and GES in the framework of EBA. MSP in Finland is an expert-driven regionalized approach with a legally non-binding status. The results suggest that this MSP framework supports the implementation of EBA in MSP. Yet, unpredictability induced by the non-binding status of MSP, ambiguity of the aims of MSP and of the concept of EBA, and the need to pursue economic viability in the coastal municipalities may threaten the consistency of MSP in both spatial and temporal terms. Developing MSP towards a future-oriented adaptive and collaborative approach striving for social learning could improve the legitimacy of MSP and its capacity to combine Blue Growth and GES. The analysis indicates, that in the delivery of successful MSP adhering to the principles of EBA should permeate all levels of governance. The study turns attention to the legal status of MSP as a binding or non-binding planning instrument and the role the legal status plays in facilitating or constraining predictability and adaptability required in MSP.
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What you don’t know can’t hurt you: this seems to be the current approach for responding to disinformation by public regulators across the world. Nobody is able to say with any degree of certainty what is actually going on. This is in no small part because, at present, public regulators don’t have the slightest idea how disinformation actually works in practice. We believe that there are very good reasons for the current state of affairs, which stem from a lack of verifiable data available to public institutions. If an election board or a media regulator wants to know what types of digital content are being shared in their jurisdiction, they have no effective mechanisms for finding this data or ensuring its veracity. While there are many other reasons why governments would want access to this kind of data, the phenomenon of disinformation provides a particularly salient example of the consequences of a lack of access to this data for ensuring free and fair elections and informed democratic participation. This chapter will provide an overview of the main aspects of the problems associated with basing public regulatory decisions on unverified data, before sketching out some ideas of what a solution might look like. In order to do this, the chapter develops the concept of auditing intermediaries. After discussing which problems the concept of auditing intermediaries is designed to solve, it then discusses some of the main challenges associated with access to data, potential misuse of intermediaries, and the general lack of standards for the provision of data by large online platforms. In conclusion, the chapter suggests that there is an urgent need for an auditing mechanism to ensure the accuracy of transparency data provided by large online platform providers about the content on their services. Transparency data that have been audited would be considered verified data in this context. Without such a transparency verification mechanism, existing public debate is based merely on a whim, and digital dominance is likely to only become more pronounced.
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The Dutch greenhouse horticulture industry is characterized by world leadership in high-tech innovation. The dynamics of this playing field are innovation in production systems and automation, reduction in energy consumption and sharing limited space. However, international competitive advantage of the industry is under pressure and sustainable growth of individual enterprises is no longer a certainty. The sector's ambition is to innovate better and grow faster than the competition in the rest of the world. Realizing this ambition requires strengthening the knowledge base, stimulating entrepreneurship, innovation (not just technological, but especially business process innovation). It also requires educating and professionalizing people. However, knowledge transfer in this industry is often fragmented and innovation through horizontal and vertical collaboration throughout the value chain is limited. This paper focuses on the question: how can the grower and the supplier in the greenhouse horticulture chain gain competitive advantage through radical product and process innovation. The challenge lies in time- to-market, in customer relationship, in developing new product/market combinations and in innovative entrepreneurship. In this paper an innovation and entrepreneurial educational and research programme is introduced. The programme aims at strengthening multidisciplinary collaboration between enterprise, education and research. Using best practice examples, the paper illustrates how companies can realize growth and improve the innovative capacity of the organization as well as the individual by linking economic and social sustainability. The paper continues to show how participants of the program develop competencies by means of going through a learning cycle of single-loop, double-loop and triple loop learning: reduction of mistakes, change towards new concepts and improvement of the ability to learn. Finally, the paper illustrates the importance of combining enterprise, education and research in regional networks, with examples from the greenhouse horticulture sector. These networks generate economic growth and international competitiveness by acting as business accelerators.
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In case of a major cyber incident, organizations usually rely on external providers of Cyber Incident Response (CIR) services. CIR consultants operate in a dynamic and constantly changing environment in which they must actively engage in information management and problem solving while adapting to complex circumstances. In this challenging environment CIR consultants need to make critical decisions about what to advise clients that are impacted by a major cyber incident. Despite its relevance, CIR decision making is an understudied topic. The objective of this preliminary investigation is therefore to understand what decision-making strategies experienced CIR consultants use during challenging incidents and to offer suggestions for training and decision-aiding. A general understanding of operational decision making under pressure, uncertainty, and high stakes was established by reviewing the body of knowledge known as Naturalistic Decision Making (NDM). The general conclusion of NDM research is that experts usually make adequate decisions based on (fast) recognition of the situation and applying the most obvious (default) response pattern that has worked in similar situations in the past. In exceptional situations, however, this way of recognition-primed decision-making results in suboptimal decisions as experts are likely to miss conflicting cues once the situation is quickly recognized under pressure. Understanding the default response pattern and the rare occasions in which this response pattern could be ineffective is therefore key for improving and aiding cyber incident response decision making. Therefore, we interviewed six experienced CIR consultants and used the critical decision method (CDM) to learn how they made decisions under challenging conditions. The main conclusion is that the default response pattern for CIR consultants during cyber breaches is to reduce uncertainty as much as possible by gathering and investigating data and thus delay decision making about eradication until the investigation is completed. According to the respondents, this strategy usually works well and provides the most assurance that the threat actor can be completely removed from the network. However, the majority of respondents could recall at least one case in which this strategy (in hindsight) resulted in unnecessary theft of data or damage. Interestingly, this finding is strikingly different from other operational decision-making domains such as the military, police and fire service in which there is a general tendency to act rapidly instead of searching for more information. The main advice is that training and decision aiding of (novice) cyber incident responders should be aimed at the following: (a) make cyber incident responders aware of how recognition-primed decision making works; (b) discuss the default response strategy that typically works well in several scenarios; (c) explain the exception and how the exception can be recognized; (d) provide alternative response strategies that work better in exceptional situations.
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The digital era has brought about profound changes in how music is created, distributed, and consumed, posing a need for modernizing the Dutch collective management system of music copyright to match the rapidly changing digital music industry. This study aims to identify the key stakeholders and their perceptions of the Dutch system of collective management of music copyright. Utilizing qualitative document analysis, the study examines a range of public and non-public documents, including income statements, annual reports from Collective Management Organizations (CMOs), and contracts between publishers and creators. The research is further enriched by twenty-four semi-structured interviews with key stakeholders such as composers, lyricists, music publishers, copyright lawyers, and CMO executives. The findings of the study highlight several issues like the outdated IT systems and the lack of data standardization within the system. The research also notes a contrast in organizational effectiveness: major publishers are well-organized and unified in their negotiations with Digital Service Providers (DSPs) and CMOs, effectively advocating for their rights. However, music copyright holders, despite their legal homogeneity, are either unorganized or ineffectively aligned, displaying diverse interests and varying levels of access to information, as well as differences in norms and values prioritization. The study is grounded in the economics of collective management (ECM) and makes a significant academic contribution to this field by introducing new empirical findings to ECMs core constructs and integrating theoretical perspectives. The research offers valuable insights for policymakers, industry stakeholders, and researchers, aiming to foster a more equitable music copyright management system in the digital context.
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