The article engages with the recent studies on multilevel regulation. The starting point for the argument is that contemporary multilevel regulation—as most other studies of (postnational) rulemaking—is limited in its analysis. The limitation concerns its monocentric approach that, in turn, deepens the social illegitimacy of contemporary multilevel regulation. The monocentric approach means that the study of multilevel regulation originates in the discussions on the foundation of modern States instead of returning to the origins of rules before the nation State was even created, which is where the actual social capital underlying (contemporary) rules can be found, or so I wish to argue. My aim in this article is to reframe the debate. I argue that we have an enormous reservoir of history, practices, and ideas ready to help us think through contemporary (social) legitimacy problems in multilevel regulation: namely all those practices which preceded the capture of law by the modern State system, such as historical alternative dispute resolution (ADR) practices.
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Despite all improvement initiatives such as the national action plan [De-]Regulate Healthcare by the Dutch Ministry of Health, Welfare and Sport in 2018 to create more time for care within the Netherlands, the administrative burden for care workers is still increasing. Managers of healthcare institutes struggle with efficiently implementing government legislations in day-to-day operations. They indicate that the time spent on administrative tasks demanded by municipalities and national authorities is too much. In addition, they also indicate that there is a lack of consistency and uniformity when it comes to the way care workers handle administrative tasks. This way of working causes additional, and often ad hoc, work in the run-up to an audit. It seems that before laws and regulations are effectively implemented, new laws or regulations again demand attention. This looks like a vicious circle, but research to confirm this is not found yet. Therefore, the following research question is formulated: "What is the impact of laws and regulations on the administrative burden with regard to the primary and supportive processes of Dutch long-term care?" An explanatory multiple case study was conducted to answer the research question. Three case studies were carried out during September 2019 to January 2020. Based on these studies, we have concluded that between 29% and 62% of the total perceived administrative burden by long-term care professionals can be related to legislation.
MULTIFILE
Organisations of land managers in landscape management face the challenge of combining the need to foster bonding social capital within their member groups with the need to develop bridging social capital with other stakeholders and linking social capital with public authorities. This paper compares the concepts of self-governing groups, boundary organisations and quangos, to analyse how agri-environmental collectives in the Netherlands navigate their identity in interactions with public authorities and manage potential trade-offs between different forms of social capital. It shows the paradoxical situation that these self-governing collectives have to adopt characteristics of public agencies, in order to meet the demands of the Dutch government and EU legislation, required to gain the trust of the authorities for more room for self-governance. The resulting ‘professionalization’ and enlargement of agri-environmental collectives is likely to reduce bonding social capital, which in turn is an important asset for effective landscape management. In order to prevent this counterproductive incentive of expecting self-governing groups to behave like public agencies, we recommend to nourish and protect the in-between identity of agri-environmental collectives, to acknowledge their variety, and to allow them to be self-governing groups as well as boundary organisations.
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
MULTIFILE
Artificial intelligence (AI) is a technology which is increasingly being utilised in society and the economy worldwide, but there is much disquiet over problematic and dangerous implementations of AI, or indeed even AI itself deciding to do dangerous and problematic actions. These developments have led to concerns about whether and how AI systems currently adhere to and will adhere to ethical standards, stimulating a global and multistakeholder conversation on AI ethics and the production of AI governance initiatives. Such developments form the basis for this chapter, where we give an insight into what is happening in Australia, China, the European Union, India and the United States. We commence with some background to the AI ethics and regulation debates, before proceedings to give an overview of what is happening in different countries and regions, namely Australia, China, the European Union (including national level activities in Germany), India and the United States. We provide an analysis of these country profiles, with particular emphasis on the relationship between ethics and law in each location. Overall we find that AI governance and ethics initiatives are most developed in China and the European Union, but the United States has been catching up in the last eighteen months.
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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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Videoverslag waarin de aanpak, maatschappelijke relevantie en belangrijkste uitkomsten van het RAAK Onderzoek 'Making GREEN Energy Sources Greener' worden besproken. In dit onderzoek is op verschillende drijvende zonneparken gekeken naar effecten van de installaties op waterkwaliteit en ecologie. De resultaten hiervan vormen aanleiding voor vervolgonderzoeken die inmiddels zijn gestart
YOUTUBE
Daniel Birnbaum, rector van de Städelschule in Frankfurt, curator vanPortikus en veelgevraagd samensteller van biënnales over de hele wereld, is artistiek leider van de centrale presentatie van de 53e Biënnalevan Venetië, getiteld Making Worlds . Henk Slager reisde naar Frankfurtom met Birnbaum te spreken over de achtergronden van de belangrijkstetentoonstelling van deze zomer.
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There has probably never been such an intense debate about the layout of the countryside as the one that is currently raging. There are serious concerns about the landscape, which is being rapidly transformed by urbanization and everything associated with this process, and not only in the Netherlands but also far beyond its borders. Everyone has something to say in this society-wide debate, from local to national governments, from environmental factions to the road-user's lobby, and from those who are professionally involved to concerned private parties. In many cases it is a battle between idealized images and economic models, between agricultural reality and urban park landscapes, between ecological concerns and mobility. This issue of OASE explores the potential significance of architectonic design for transformation processes on the regional scale. Besides considering the instruments that are available to the designer to fulfil this task, the authors also consider how the design can exercise a 'positive' influence on such processes. The various contributions shed light on the potential significance of territory in contemporary design practice and offer critical reflection on the topical discourse that has evolved over recent years.
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In this thesis several studies are presented that have targeted decision making about case management plans in probation. In a case management plan probation officers describe the goals and interventions that should help offenders stop reoffending, and the specific measures necessary to reduce acute risks of recidivism and harm. Such a plan is embedded in a judicial framework, a sanction or advice about the sanction in which these interventions and measures should be executed. The topic of this thesis is the use of structured decision support, and the question is if this can improve decision making about case management plans in probation and subsequently improve the effectiveness of offender supervision. In this chapter we first sketch why structured decision making was introduced in the Dutch probation services. Next we describe the instrument for risk and needs assessment as well as the procedure to develop case management plans that are used by the Dutch probation services and that are investigated in this thesis. Then we describe the setting of the studies and the research questions, and we conclude with an overview of this thesis.
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