In this article, the author will question the seemingly obvious boundary between civil disobedience, as conceptualised by Rawls and Arendt, and several examples of criminal, or simply annoying, activities which don't meet their criteria, such as the case of the ‘Top 50'. The ‘Top 50' are multi-problem Dutch-Caribbean men, who refuse to adapt to predominant norms in Dutch society. IThe author argues that political aspects of their behaviour should be acknowledged, even if they engage in criminal behaviour and don't present explicit political goals. Firstly, she questions the way in which Rawls based his definition on a centralistic conception of governmental power and contrast it with Foucault's conception of normalising power, in which power is diffuse and cannot be restricted to the enactment of formal laws. Secondly, she discusses what the minimum requirements are to be able to classifyacts as civil disobedience. Rawls and Arendt draw a clear line between criminal behaviour and civil disobedience, but their requirements may be too strict. We might miss signals of injustice if actions that do not meet these criteria are excluded from the political discourse. The conclusion is that comparing Arendt's and Rawls' conception of civil disobedience with the behaviour of a marginal migrant group may be useful in questioning the boundaries of this concept and in making it more inclusive. A wider conception of civil disobedience may help to explain the meaning of deviant behaviour in terms of social critique and to challenge the traditional understanding of civil disobedience.
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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.
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This study seeks to explore the characteristics of cyber-organised crime (OC), and focuses on the criminal activities of cyber-OC groups, their modus operandi, the organisational structures, the ‘profiles’ of the involved offenders, and the characteristics of criminal investigation into these cases. For this purpose we will focus on the following research questions:1.Is organised crime involved in cybercrime? What kind of cybercrime do organised crime groups commit?2.How do organised crime groups use the Internet to commit ‘traditional crimes’?3.Does the Internet provide windows of opportunity for the development of new business ideas and for the identification and approaching of new targets?4.Does the Internet lead to structural changes in organised crime?5.Is cybercrime organised? How, why and when?6.How does the criminal investigation of (organised) cybercrime work in practice and which best practices and challenges can be identified?
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