bluuebunny/crossref_metadata_2025 huggingface dataset:
Etnische diversiteit en veranderingen in het stedelijk nachtleven
Authors: Boogaarts S.
Published: February 2025

Ethnic diversity and changes in urban nightlife

The urban population is becoming increasingly diverse and the growing (ethnic) diversity is having a singular effect on nightlife in Dutch cities. This paper examines the motivation behind and the nightlife choices of the young people who participate in ethno-party scenes. By doing so it explores how the changing urban population affects the supply side of the nightlife market. The research findings discussed in this paper are taken from in-depth interviews with consumers and producers of Turkish, Moroccan and Asian parties in the Netherlands, from participant observation in these three scenes and from in-depth interviews with club owners of popular clubs.

In order to analyze and adequately explain the nightlife experiences and choices made by ethnic young people, special attention is placed on the interrelationship between the structural strategies of the producers of nightlife and the personal preferences and agency of the consumers. By highlighting this interrelationship this paper demonstrates that nightlife has changed because of the increasing ethnic diversity of the Dutch population.
Hoe waarschijnlijk is function creep?
Authors: de Vries M.S.
Published: February 2025

How likely is function creep? A policy science analysis

In this article it is argued that function creep is a structural phenomenon which is inherent in policy development. The author discusses several policy development theories which might be useful in trying to explain the phenomenon that policy instruments tend to be applied in reaching purposes never intended at the time these instruments were developed.

Kingdon's streams model, the classic phase-oriented approach (e.g. Hoogerwerf), Sabatier's advocacy coalition theory as well as Walker's diffusion theory give various explanations for the phenomenon of function creep. But crucial is that policy makers are always looking for new innovating policy instruments to achieve their objects. According to the author it is almost impossible to prevent function creep. To some degree the abuse of function creep can be prevented by institutionalising these processes and to submit them to democratic control, checks and balances, procedures and other guarantees. But this will never be enough to escape from the ‘voyeurist society’.
Ontbossing en criminologie
Authors: Boekhout van Solinge T.
Published: February 2025

Deforestation and criminology

Illegal deforestation is generally not considered as a criminological subject but in this article it is argued that it can easily be considered as such. The central question that is addressed here is how the theme of deforestation, which clearly fits into the new realm of green criminology, relates to more traditional criminological concepts. This question is discussed through various case studies: the Brazilian Amazon (mainly Brazil), Central Africa (mainly the Democratic Republic of Congo), South East Asia (mainly Indonesia), Russian Siberia, and Pakistan's Swat forests. The case studies show that there are actually many victims of deforestation, both human and non-human, and that deforestation is linked to a variety of other crimes and harms as well. It is concluded that even without taking a green criminological perspective, several concepts of criminology apply to illegal deforestation practices: governmental and state crimes, corporate crimes, and various types of organized crime.
Over mensen en andere dieren in de criminologie
Authors: Janssen J.
Published: February 2025

People and other animals in criminology

Criminology usually focuses on the human experience. The relatively few criminological publications that do pay attention to animals, are very often written from an anthropocentric perspective in which animals are portrayed as passive objects and in terms of their usefulness to humans. Is this a satisfactory situation? Some criminologists would answer this question with a sincere ‘no’.

For example Beirne and Cazaux have pleaded for a non speciesist criminology, meaning a criminology that does not take other than the human species for granted. This is not a plea for an entire new criminology, but an appeal for more attention on negative outcomes of human behaviour regarding animal welfare. In this article some examples of research options are described.
Wie belt er nou nog? De veranderende opbrengst van de telefoontap
Authors: Odinot G. , de Jong D.
Published: February 2025

Who's still calling? The changing results of the telephone tap

In the past decades, telecommunications traffic has grown explosively. There has been an enormous expansion of the use of mobile phones. In addition, the way in which these phones are used has changed as well. An ever growing number of mobile phones is connected to the Internet, and a growing share of communications take place through the Internet. As a result, communication gets increasingly fragmented, because of the various ways and channels available for communication. In this article, the authors discuss the possible implications of these developments for the use of the telephone tap as an investigative tool during criminal investigations. Furthermore, the authors examine the ways in which the internet tap can support or replace the use of the telephone tap. Finally, alternative investigation tools are discussed that might compensate the changing results of the telephone tap.
De exfiltratie van verdachte en veroordeelde criminelen
Authors: Fijnaut C.
Published: February 2025

The exfiltration of accused and convicted criminals

The Dutch Code of Criminal Procedure and the related guidelines of the College of Procurators-General are for all sorts of historical and ideological reasons heavily restrictive when it comes to the use of cooperative witnesses in criminal proceedings. What strikes most is that even in very serious cases it is not possible to grant a witness complete or partial immunity in exchange for his important cooperation. This contribution describes the problems arising sometimes in criminal cases wherein prosecutors, despite the existing narrow framework, make a deal with such a witness. The article outlines not only the historical and international background of the use of cooperative witnesses, but also its contemporary legal framework in the United States, Italy, the United Kingdom and Germany. The outcome of this comparative exercise is that at least the current legal provisions should be evaluated and that this evaluation should take into account the system and experiences in other countries as well as the problems of serious crime in the Netherlands and the leniency policies that govern the efforts to contain serious white collar crime like e.g. cartels.
Veilig politiewerk: de basispolitie over geweld
Authors: Gieling M. , van der Torre E.J.
Published: February 2025

Police cops and the use of violence

The ideologies of community policing are central to the work of the Dutch police. The aim is to combine a focus on relations with the community with law enforcement, including the use of physical force. The balance has shifted, however, in favour of social relations. This article reports on the findings of a recent study among executive police officers. It is shown that the physical demands of police work are neglected in the selection and education of policemen and -women. Furthermore, there is a need for improving the training of standard procedures and interventions with respect to the use of physical force. In addition, it is found that a majority of the respondents feel that the use of force – in a correct way and in appropriate situations – is underappreciated by those in higher positions, while at the same time the issue of avoidance behaviour is not addressed.
Hoog betrouwbaar organiseren in het OM
Authors: de Bruine H. , Fijn H. , de Beer P.
Published: February 2025

Highly reliable organizing in Dutch public prosecution

This article deals with possibilities for the Public Prosecutor’s Office in the Netherlands to learn from high reliability organizations (HROs). The authors draw a picture on the basis of information, gathered between 2008 and 2010. While dealing with mistakes or faults much emphasis is often laid upon a professional attitude, written handbooks and discipline as essential conditions. The experience with HROs shows that at the same time mental processes are needed for fast detection and containment of developing problems. These mental processes, heaped together as ‘collective mindfulness’, refer to the picking up of weak signals and the resilient reacting upon incidents. The authors show to what extent the Public Prosecutor’s Office makes use of these processes. The level of training and education and the ‘hands on’ mentality of the average Public Prosecutor build a firm foundation for reliability. Reflection and to what extent knowledge is shared seem liable for improvement. Adapting (elements of) the HRO philosophy may prove an effective way to foster the actual exchange and use of knowledge within the Public Prosecutor’s Office and thus raise its reliability.
Surveilleren en opsporen in een internetomgeving
Authors: Oerlemans J.J. , Koops B.J.
Published: February 2025

Police patrolling and downtracking on the Internet

Publicly available information on the Internet about people or criminal acts can be relevant to criminal investigations. This article analyses to what extent Dutch criminal procedure law allows open source intelligence for law-enforcement purposes. When more than ‘minor’ privacy interferences arise, an explicit investigatory power in the criminal procedure code is required. Minor infringements are allowed under the general task description in the Police Act 1993. It is unclear however when ‘substantial’ privacy infringements arise. On the basis of ECHR jurisprudence on foreseeability and the Dutch criteria for ‘systematic observation’, the authors conclude that Internet data-gathering will often require an explicit investigatory power and can only be used for criminal investigation with an order from the public prosecutor, but not, except for small-scale and ad hoc searches, for general police practice purposes. Because the Internet is much different in its nature from a decade ago and the investigatory powers are not in all respects easily applicable to Internet surveillance, the authors argue that the Dutch legislator must take action and make clear under which conditions information on the Internet can be gathered by law enforcement.
De valkuilen van de probleemgerichte politiezorg
Authors: Berghuis A.C. , de Waard J.
Published: February 2025

The pitfalls of problem-oriented policing in the Netherlands

The Dutch police has embraced the concept of problem-oriented policing as an effective strategy to combat crime. This police strategy is based on information, analyses and cooperation with relevant stakeholders outside the police. The authors argue that the implementation of the concept of problem-oriented policing is essentially still in an infant stage due to tenacious internal en inter-organizational difficulties. More fundamental, the concept of problem-oriented policing is used in an intuitive and superficial manner, instead of introducing a more rigorous analytical one. Suggested is a more modest and disciplined approach, which functions not as an alternative for, but as a supplement to classical reactive policing.
De poort van het gevoel
Authors: Kansil T.
Published: February 2025

The Dutch police in public debate

How should the police operate in the media and in public debate? This question has become more urgent since the rise of populism in The Netherlands. The media expect the police to give its views when incidents, riots, shocking crimes etc. happen. But to communicate effectively with the public it’s nowadays not enough to stick to ‘the facts’ and take an independent position above the various parties involved. Doing this is often misunderstood as denying the needs of people suffering from social security problems and not taking them seriously. The author discusses which media strategies the police could adopt to effectively handle security issues and clarify its position in democratic society.
Gekleurde ideeën
Authors: Janssen J.
Published: February 2025

Coloured ideas; concepts behind the striving for diversity within the Dutch police

The Dutch police has a long tradition regarding the development of diversity policies. Although these policies also deal with issues concerning gender, (homo)sexuality, the position of the elderly and chronically ill or invalid employees, this contribution mainly focusses on diversity regarding the ethnic background of police officers and particular aspects of crime and safety within Dutch multi-ethnic society. First of all a brief historical (1950s till present) overview is presented of ideas and projects regarding this aspect of diversity. Furthermore a shift in focus is presented: diversity used to be a social issue and nowadays it is understood as a business issue. The difference between these two is explained and discussed. Finally some suggestions are made concerning future research.
Pionieren en formaliseren
Authors: van Buuren J.
Published: February 2025

Pioneering and formalisation; the international interweaving of police work

International police cooperation is characterised by sometimes conflicting dynamics between informal security entrepreneurship and formal institutionalisation and centralisation. In spite of claims in governance literature that states are losing their commanding heights due to internationalisation, experience shows that states are in fact able and willing to control and steer international police networks. Whether matching processes of politicisation and bureaucratisation conflict with operational effectiveness remains to be seen. Both in politics and science the institutional approach is dominant in describing, explaining and evaluating international police cooperation. This runs the risk of losing sight of the ‘logic of practicality’ that in reality is very important for innovations and developments regarding cross-border cooperation. In the logical of practicality, dimensions like intuition, creativity, trust and perseverance are more important than rules, policy preferences or organisational charts.
De evaluatie van Nederland in het kader van de Universal Periodic Review
Authors: Verrest P.A.M. , Dopheide T.
Published: February 2025

The evaluation of the Netherlands within the Universal Periodic Review

The Universal Periodic Review (UPR) was created by the Human Rights Council in 2006 as a tool to evaluate human rights standards in all 192 countries of the United Nations. It should be distinguished from the reviews by treaty-based bodies. These bodies are composed of independent experts and monitor the implementation of the human rights treaties. The UPR, on the other hand, is a peer review among countries on the whole spectrum of human rights. The Netherlands was evaluated for the second time in 2012. This article describes the background and procedure of the UPR. It then focuses more specific on the session of the Netherlands, by giving an impression of topics that were raised, as well as some reflections on both the session and the UPR itself.
Het Nederlandse detentierecht naar internationale maatstaven
Authors: de Jonge G.
Published: February 2025

Dutch detention law measured by international standards

Dutch detention law seems to meet all standards of the normative European Prison Rules. There is however no reason for self-satisfaction, because other relevant international standards have so far received little attention. The author discusses the Bangkok Rules, the Istanbul Protocol, the Declaration of Malta on Hunger Strikers and the European Code of Ethics for Prison Staff. All of these documents give rise to adaptations or additions of existing Dutch penitentiary law. The author suggests that it would be best to develop a new general detention law containing basic norms for the treatment of everyone deprived of his freedom, irrespective of the detention’s legal title.
Mensenrechten begrensd: detentie in het vreemdelingenrecht
Authors: Cornelisse G.
Published: February 2025

Human rights restricted: detention in immigration law

This article investigates the practice of immigration detention in the Netherlands, which has been fiercely criticized by international organizations and NGOs. It focuses in particular on three aspects of that measure: justification, implementation, and its use with regard to children. These issues are discussed in the light of human rights law, more in particular the case law by the European Court of Human Rights. It will be shown that this Court, by portraying immigration as a phenomenon implicating first and foremost territorial sovereignty, makes it difficult for immigrants’ individual interests to be addressed in substance, let alone to be perceived as rights. It is argued that the European Court of Justice in its application of EU law in this field is perhaps better suited to grant unwanted migrants their human rights than traditional human rights law has done so far.
Het internationaal recht en de gesloten jeugdzorg
Authors: Höfte S.J. , van der Helm G.H.P. , Stams G.J.J.M.
Published: February 2025

International law and closed youth care institutions; recommendations for practitioners

During childhood, a child is entitled to receive special care and assistance. The child’s best interest should be a primary objective. The Dutch government has an obligation to guarantee the children rights. But do the closed youth care accommodations meet the requirements as stated in the International Child Rights Convention, as far as deprivation of liberty and treatment under coercion are concerned? The study concluded that some closed youth care institutions do not meet the requirements as stated in the above mentioned Convention. There is often no possibility of free expression, physical complaints may not be taken seriously, an adequate standard of living is not always provided and the level of education is often too low. Most of the minors indicate that they are bored during their stay in the accommodations. On this basis, limiting the fundamental rights of these youngsters is currently surrounded with inadequate guarantees.
De opmars van de private veiligheidszorg
Authors: de Waard J. , van Steden R.
Published: February 2025

The advance of private security; a national and international perspective

Private security is traditionally a highly fragmented industry with a national focus. However, with the arrival of multinational brands in the market such as Group 4 Securicor and Securitas, we are witnessing a rise of global private security. After providing the latest statistics on the growth of this industry in the Netherlands, the authors give examples of how private security is evolving throughout the world. Issues that are further addressed include the opportunities and challenges (multinational) private security companies present to the Netherlands.
De privatisering van politietaken in Engeland en Wales
Authors: Loveday B.
Published: February 2025

Privatising police services in England and Wales

The period of austerity which most of Europe is now experiencing is for the first time impacting on law and orders services, particularly the police service. This article gives an overview of the debate in England and Wales on the decision of the Coalition government to cut 20% to police spending and police numbers. An important instrument to reach this goal is the private outsourcing of tasks performed in the back office. The author discusses the public views on the performance and reliability of private security companies. Also the high rise of public police expenses are discussed against the background of declining crime levels.
De psychiater en toerekeningsvatbaarheid
Authors: Meynen G.
Published: February 2025

Psychiatrist and criminal responsibility

Currently, there is a vivid debate in the Netherlands about the possible non-existence of free will and its implications for criminal law, in particular for the concept of ‘criminal responsibility’. Especially forensic psychiatrists who advise the court on a defendant’s legal insanity feel uneasiness because of this discussion on free will. In this contribution the author suggests to reconsider the current practice in the Netherlands in which psychiatrists explicitly advise the court on legal insanity and to consider the option to leave the judgment on legal insanity entirely to the judge. Meanwhile, of course, psychiatrists will have to inform the judge about the defendant’s mental condition at the time of the crime and its influence on the defendant’s behaviour. If needed, in order to optimize communication between the medical domain (psychiatrist) and the legal domain (judge), a legal insanity standard could be developed and introduced.
Strafrechtelijke verantwoordelijkheid en de neurowetenschappen
Authors: Vincent N.
Published: February 2025

Legal responsibility and neuroscience

This paper argues that to the extent that legal responsibility hinges on mental capacities – capacities which are implemented in (brain) mechanisms – scientists working in the fields of behavioural genetics and neuroscience can assist courts to adjudicate responsibility in several ways. First, by studying what mechanisms paradigmatically fully responsible agents possess and how those mechanisms operate. Second, by developing techniques to more individually, accurately and less subjectively inspect people’s mechanisms to gauge their true mental capacities. Third, by studying how youth, advanced age, and mental disorders affect these mechanisms. And fourth, by developing interventions to create, restore and enhance the function of these mechanisms in order to create, restore and enhance people’s responsibility-relevant mental capacities.
Actieve verantwoordelijkheid in het strafrecht
Authors: van Stokkom B.A.M.
Published: February 2025

Active responsibility in criminal justice. Towards a broader conception of ‘doing justice’

Criminal justice is oriented at retrospective responsibility: examining whether the defendant is guilty and imposing a punishment that fits the crime. In this article it is argued that prospective responsibility needs more attention: taking responsibility. We have to remind the offender of his obligations: pay his debt, repair the harm done, work to change his behaviour and enhancing his situation. We should also take account of the interests and needs of the persons concerned. It is also argued that stimulating active responsibility should take place within the logics of ‘doing justice’. Criminal justice cannot respond to the imperatives of care, well-being and problem-solving.
Vrije wil en verantwoordelijkheid in de strafuitvoering
Authors: Boone M.M.
Published: February 2025

Free will and responsibility in penal execution

Responsibility of the prisoner for his own rehabilitation is a central element of ‘Modernising Imprisonment’, the masterplan that aims to reform the execution of the prison sentence in the Netherlands. The Secretary of Justice strives for an individual approach based on the points of departure of the Life Course Approach in criminology. This method is designed in different ways. A central element is that rehabilitation will only be offered in the near future to prisoners that show responsibility for their rehabilitation. Based on this starting point, a far-reaching system of advancing and degrading is introduced. Prisoners can deserve freedoms by showing responsible behaviour, but loose them again in case of irresponsible or unmotivated conduct. Three objections against this aspect of Modernising Imprisonment are discussed. First, the rehabilitation principle itself does not allow for such a far-reaching exclusion of categories of prisoners. Second, the high demands put on prisoners are not realistic given the characteristics of the prison population. Third, the assumption that a strict system of advancing and degrading will increase the effectiveness of sentencing is not well founded and cannot be derived from research.
De levenslange vrijheidsstraf internationaal vergeleken
Authors: van Zyl Smit D.
Published: February 2025

Life imprisonment: An international comparative perspective

Life imprisonment is difficult to define. Sentences that are not called life imprisonment may also be indefinite sentences of detention which may result in the detention of offenders in prison until they die there. Even where a sentence is called ‘life imprisonment’ it may be difficult to ascertain for how long the offender will actually be held and what criteria will be applied to considering his eventual release. This paper sketches some recent developments in respect of indeterminate sentences that are not called life imprisonment, even though they amount to it in practice. It then turns to the question of life sentences that are imposed without provision for any fixed period after which they should be reconsidered. Questions are raised about the extent to which such sentences are acceptable in Europe, the United States and elsewhere, particularly in instances where at sentence there is an indication that the offenders may not be considered for release at all. It is argued that human rights law is moving towards requiring that all persons sentenced to life imprisonment should have a reasonable prospect of release. Given the widespread support for life imprisonment this paper seeks to raise some human rights concerns that arise with the use of this sentence. The concerns are essentially twofold. First, the sentence may be imposed in instances where it would be disproportionate punishment to do so. Secondly, the procedures for its implementation, in particular those that relate to the potential release of persons serving life sentences, may not be adequate to meet the requirement of a realistic prospect of release.
Levenslange gevangenisstraf: uitlevering en overlevering aan Nederland
Authors: Glerum V.H.
Published: February 2025

Life imprisonment: Extradition and surrender to the Netherlands

In principle a Dutch life sentence is served in full. ‘Lifers’ can benefit from executive clemency. However, over the last 26 years clemency has been applied so sparingly as to call into question whether clemency for ‘lifers’ is a real possibility at all. Recently the European Court of Human Rights has refined its case-law on the compatibility of life sentences with Art. 3 ECHR, in the national context as well as in the context of extradition. This contribution discusses whether under Article 3 ECHR the Dutch practice of executing life sentences in full acts as a bar to extradition or surrender of a person who faces the imposition and/or execution of a life sentence in the Netherlands.
Het aanzien van de Staat
Authors: van Hattum W.F.
Published: February 2025

The prestige of the State. On the execution of lifelong imprisonment in practice

In 1870 in the Netherlands the death penalty was replaced by the sanction nearest to that effect: lifelong imprisonment. For the government though this penalty was acceptable only in connection with the possibility of mercy. The sanction was to be executed humanely and should not result in torture. The way the sanction was executed since, the administration developed a policy of mercy taking into account the devastating effects of the sanction. This policy resulted in mental care for the convicted and his release after approximately twenty years imprisonment. More than hundred years later, about 2004, the policy of mercy changed. Since then, according to the responsible ministers, life imprisonment should end by the onset of death. In this article the practice under the old and the new policy is illustrated by a case study. The conclusion is that like the death penalty lifelong imprisonment corrodes the prestige of the State.
Naar een compensatoir regime voor levenslang- en zeer langgestraften
Authors: de Jonge G.
Published: February 2025

Towards a compensatory regime for life and long-term prisoners

Though small in numbers life and long-term prisoners pose special problems for the Dutch prison administration in terms of their treatment. A new approach is to concentrate these prisoners in three units specially designated for them. It is still unclear however what the regime in those facilities will look like. The author argues for introducing there a ‘compensatory regime’ that can counteract to some degree the harmful effects of life and long-term imprisonment.
Perspectiefverlies bij levenslange gevangenisstraf en longstay-tbs-kader
Authors: Braun P.C.
Published: February 2025

Loss of prospect for life prisoners and long-term forensic psychiatric inpatients

A comparison between life prisoners and long-term forensic psychiatric inpatients shows, besides differences in legal position, important similarities. Therefore the results of an experiment with regime changes in the long-term ward of Dutch forensic psychiatric institutions might also be relevant for the regime of life prisoners. The experiments are partly based on the ideas of Andrews, Ward and Bonta. The fundamental idea is to give inpatients a sense of control over their life environment by granting them as much responsibility as possible for practicalities, by communicating with their representatives regularly and taking a positive attitude towards inpatients’ preferences and requests. First experiences show that the new approach seems to have a positive impact on inpatients. They suffer less from depression as well as aggressive moods, which contributes to a better atmosphere in the institution. Stressing the tentative nature of this observation the author indicates that the hypothesis on the beneficial effects of active influence on the life environment might be verified by research currently in progress.
Perspectief voor levenslanggestraften?
Authors: de Bont T. , Meijer S.
Published: February 2025

Prospects for life prisoners?

This article focuses on the ‘de iure’ and ‘de facto’ possibilities in Dutch penal law to reduce a life sentence. The question is whether the current legal framework offers sufficient perspective to life prisoners as required by the European Court of Human Rights. It also addresses the disadvantages of the current procedures. The authors argue that it is desirable that a legal possibility for release on probation of life prisoners is introduced in the Netherlands. They will set out a bill written by the NGO ‘Forum Levenslang’ that would make this possible.
We moeten samen het dansje afmaken
Authors: Molleman T. , van Ginneken E.F.J.C.
Published: February 2025

We have to finish this dance together: Dutch prison officers on the enervating and energising aspects of their work

The job of prison officer is recognised as highly demanding, given that prisons are dynamic environments that place a burden on the mental and physical resources of staff. The article explores what prison officers consider the most rewarding and most stressful aspects of their job, and how they cope with job stress. The authors conducted seven semi-structured interviews with prison officers in a large Dutch prison to complement and illustrate findings from the literature. Prison officers especially enjoy human interaction in their job: working with their colleagues and with the prisoners. Poor communication about management and policy decisions, too much paperwork, and (violent) incidents caused frustration and stress among employees. Talking about problems with colleagues, family and friends alleviated some of the stress.
Het belang van goede nazorg na schokkende gebeurtenissen
Authors: Lücker P.P.
Published: February 2025

The importance of good care after shocking events. And the risk of overdoing things ...

This article focuses on aftercare for professionals like policemen, firemen and soldiers who experienced a shocking event. The author, Peter-Paul Lücker, has been working in aftercare for many years. He observes a trend in professional counseling to diagnose and start treatment as soon as possible. In the past however, the basic principle has been to give somebody a break, to provide practical support and to rely on a natural recovery. Most people recover well this way after experiencing a shocking incident. This individual recovery process is best facilitated by providing a safe and supportive environment through recognition and appreciation, thus preventing secondary traumatization. This approach seems to contribute more to the prevention of post-traumatic stress disorder (PTSD) than rapid intervention, early screening and counseling. Sometimes however, the cumulative effect of stressful experiences leads to the conclusion that the job doesn’t fit the person involved anymore. Recognition and appreciation sometimes involve saying goodbye and making a new start.
De politiefunctionaris en het risico op PTSS
Authors: Kunst M.J.J.
Published: February 2025

Police officers and the risk of PTSD; an appropriate concern or medicalization of a profession?

Several policy measures have recently been undertaken to enhance resilience in Dutch police officers. The author of this article argues that these initiatives rely on false beliefs about the stressful nature of police work. Police officers are often exposed to traumatic or otherwise stressful events, but this does not necessarily render them at an increased risk of post-traumatic stress disorder (PTSD) and other (trauma-related) psychosocial problems. After a discussion of empirical studies which support his view, he speculates that these false beliefs are grounded in the Western tendency to qualify stressful events as (potentially) traumatic. This tendency to medicalize stressful events is reflected both in the history of the diagnostic criteria for PTSD in the Diagnostic and Statistical Manual of Mental Disorders and the empirical literature. The author concludes with pointing out a potential negative by-effect of this medicalization tendency: simulating PTSD (symptoms) for external motives, such as financial gain.
Zeven jaar na de Commissie Visser: een nieuw evenwicht?
Authors: van der Wolf M.J.F. , Noyon L.
Published: February 2025

Seven years after the Commission-Visser: a new equilibrium?

Since 1988 the Dutch entrustment order for dangerous mentally disordered offenders (TBS) is organised around three basic principles: treatment, legal protection and social security. In 2006 the Parliamentary Inquiry Commission ‘Visser’ reviewed the TBS order and made seventeen recommendations. This article seeks to investigate to what extent the implementation of these recommendations contributed to developments like the increasing restraints on leave permits and a lengthened average stay. Since 2006 there has been a strong emphasis on security. For a balanced execution of the TBS order more attention is needed for treatment and legal protection.
Over behandeling, beleid en belangenstrijd in de forensische psychiatrie
Authors: Bulten E. , Groeneweg J.
Published: February 2025

Forensic psychiatry and the search for balance between various interests

Policies within forensic psychiatry can be characterized by the on-going search for balance between the interests of stakeholders. These interests vary in a lot of cases. The interest of society, the patient and the professional differs within a complex framework of political, ethical and juridical guidelines and scientific evidence. These differences are illustrated from a management’s point of view by describing the treatment issues in regard to forensic psychiatric inpatients with substance abuse disorders. Treatment policies on drug use during treatment balance between treatment guidelines and restrictive measures. These restrictions have to be adjusted to the necessary treatment programmes for developing new pro social lifestyles. The treatment policy on relapse and leave should balance between patient needs and the needs of society. The result of this interesting but also challenging and complex quest depends on the sensitivity of stakeholders for the interests of the others.
Verkorten van de tbs-verblijfsduur: een weg uit de crisis?
Authors: Nagtegaal M.H.
Published: February 2025

Reducing the length of stay of forensic psychiatric patients in high security hospitals: a way out of the crisis?

The economic crisis in the Netherlands forces the Ministry of Security and Justice to cut expenses. In the forensic psychiatric sector, the main savings are expected from reducing the length of stay of forensic psychiatric patients (TBS-patients) in high security hospitals. Currently, over 70% of all TBS-patients do not reach the now set goal of successfully terminating their treatment program within eight years. The present article questions whether it is plausible that this goal will be reached. Research has shown that there are several possible measures that can be undertaken to reduce the length of stay. Examples of these are identifying subgroups of patients who take particularly long to complete their treatment and setting up interventions for those patients, reducing the focus on risks in society and in forensic practice, and the inclusion of protective factors in risk assessment. These factors may help in finding a way out of the crisis.
Het EU-concentratietoezicht in de steigers
Authors: Struijlaart R.A.
Published: February 2025

Het EU-concentratietoezicht in de steigers: klein onderhoud of gemorrel aan het fundament?

De laatste herziening van het EU-concentratietoezicht dateert alweer van ruim negen jaar geleden. Inmiddels heeft de Europese Commissie de eerste stappen gezet om een nieuwe herziening mogelijk te maken. De meest belangwekkende wijziging die de Commissie tot dusver heeft voorgesteld is de uitbreiding van het toepassingsbereik van de Verordening, zodat ook de verwerving van bepaalde minderheidsdeelnemingen die geen (uitsluitende of gezamenlijke) zeggenschap verschaffen onder de reikwijdte van de EU-concentratieverordening komt te vallen. De vraag kan worden gesteld of de Commissie hier niet met een kanon op een mug dreigt te willen schieten.
Mars/Nestlé
Authors: van den Berg P.D. , Knibbeler W.
Published: February 2025

Mars/Nestlé

In 2010 heeft Mars bij de onafhankelijke tankstations een Mars Ondernemersprogramma (het MOP) geïntroduceerd, om de verkoop van haar chocolade- en kauwgomproducten te vergroten. Het MOP voorziet o.a. in vergoedingen en bonussen voor tankstations die hun schapruimte invullen volgens de instructies van Mars en daarbij een prominente plaats reserveren voor Marsproducten. In 2011 voeren ruim 300 onafhankelijk opererende tankstationhouders een van de varianten van het MOP uit. Concurrent Nestlé start daarop een bodemprocedure en een kort geding, waarbij zij aanvoert dat Mars door middel van het MOP misbruik maakt van haar machtspositie op grond van artikel 24 Mw en het kartelverbod overtreedt zoals vervat in artikel 6 Mw. Nestlé vordert in kort geding dat het programma door Mars wordt gestaakt.Rb. ’s-Hertogenbosch 29 juli 2011, zaaknr. 232032-KG ZA 11-414 (Nestlé Nederland B.V./Mars Nederland B.V.)
Handhaven en balanceren: een tussenstand van privaatrechtelijke handhaving in Europa
Authors: Tzankova I.N. , Plomp M.J. , Raats T.
Published: February 2025

Handhaven en balanceren: een tussenstand van privaatrechtelijke handhaving in Europa

Na een jarenlange politieke strijd heeft de Europese Commissie in het voorjaar van 2013 een pakket aan maatregelen gepubliceerd waarmee zij beoogt het verhaal van schade als gevolg van inbreuken op het mededingingsrecht te faciliteren. In dit artikel gaan wij in op de achtergrond en inhoud van het pakket van maatregelen. Centraal staat de vraag of de Europese Commissie haar doelstellingen met het voorliggende pakket zal bereiken en welke gevolgen de praktijk kan verwachten naar aanleiding van de voorgestelde maatregelen.
Gas terug bij exclusiviteitsbedingen in de brandstofsector
Authors: Tuinenga Stefan
Published: February 2025

Gas terug bij exclusiviteitsbedingen in de brandstofsector: Exclusieve afnamebepalingen in toenemende mate onder druk door het mededingingsrecht?

Recentelijk heeft de Hoge Raad twee arresten gewezen inzake exclusieve-afnamebepalingen in contracten tussen leveranciers en afnemers van motorbrandstoffen. In de zaak Mandje/Rab oordeelde de Hoge Raad dat een exclusieve-afnamebepaling tussen een leverancier en een afnemer onder omstandigheden de strekking kan hebben de mededinging te beperken, terwijl de vaste lijn in de Europese jurisprudentie is deze bedingen aan een diepgaande effectanalyse te onderwerpen. In de zaak BP/Benschop bevestigde de Hoge Raad een oordeel van het Hof Amsterdam dat een exclusieve-afnamebepaling voor twintig jaar het gevolg had de mededinging te beperken, terwijl de vereiste diepgaande contextuele analyse van de effecten ontbrak.
De nieuwe richtsnoeren staatssteun milieubescherming en energie
Authors: Dielemans-Goossens Stephanie , Janssen Jan Erik
Published: February 2025

De nieuwe richtsnoeren staatssteun milieubescherming en energie

Op 1 juli 2014 zijn de Richtsnoeren staatssteun ten behoeve van milieubescherming en energie 2014-2020 (hierna: de Richtsnoeren) in werking getreden. (Pb. EU 2014, C 200/01). De Richtsnoeren vervangen de Richtsnoeren inzake staatssteun voor milieubescherming uit 2008 (Pb. EU 2008, C/82/01). (hierna: de Richtsnoeren 2008). Dit artikel geeft een overzicht van de Richtsnoeren en belicht de belangrijkste verschillen met de Richtsnoeren 2008.
Brink’s Nederland B.V. – Geldservice Nederland B.V.
Authors: Dekker Cees
Published: February 2025

Brink’s Nederland B.V. – Geldservice Nederland B.V.: ACM-Besluit op bezwaar d.d. 3 juli 2014, zaak 7512, inzake het bezwaarschrift van Brink’s Nederland B.V. tegen het besluit van ACM van 3 juni 2013 tot afwijzing van de aanvraag om toepassing van artikel 56 lid 1 Mw

In deze zaak gaat de ACM naar aanleiding van een klacht van geldtransporteur Brink’s na of een samenwerking door ABNAMRO, ING en Rabobank op het gebied van geldverwerking en (de inkoop van) geldtransport in strijd is met artikel 6 en 24 Mw en 101 en 102 VWEU. Daar waar in het primaire besluit nog werd uitgegaan van een mededingingsbeperkende overeenkomst voor wat betreft de samenwerking op het gebied van de inkoop van geldtransport, maar deze volgens de ACM voldeed aan de criteria van artikel 6, lid 3, Mw, oordeelt de ACM in het besluit op bezwaar dat ook dit deel van de samenwerking niet mededingingsbeperkend is. Het besluit op bezwaar bevat een aantal belangwekkende oordelen, waar de auteur kanttekeningen bij plaatst.
Het DHL-arrest: ‘Foutje, bedankt!’ in een systeem van parallelle clementieregelingen
Authors: Elkerbout Ruben
Published: February 2025

Het DHL-arrest: ‘Foutje, bedankt!’ in een systeem van parallelle clementieregelingen

Tot voor kort was de hamvraag voor clementieverzoekers wat de precieze juridische status was van het ECN-clementieregelingsmodel van 2006 en welke precieze relatie een hoofdclementieverzoek bij de Commissie en een beknopt verzoek bij een nationale mededingingsautoriteit hebben. Op deze vragen en meer geeft het Hof van Justitie antwoord in het DHL-arrest. In deze bijdrage worden het DHL-arrest en de implicaties daarvan voor de clementiepraktijk besproken. Tevens komen het relevante juridische kader en het feitencomplex aan bod. Auteur pleit in zijn conclusie voor een in meer of mindere mate gecentraliseerd Europees clementieprogramma.
Hoe neutraal is kerkfinanciering?
Authors: Franken Leni , Loobuyck Patrick
Published: February 2025

How neutral is state support for religions? A critical analysis of the Belgian policy of support

In this article, the authors explore how active state support for religions and worldviews could be in accordance with the principle of liberal neutrality. They focus on the Belgian church-state policy because this policy is characterised by an explicit and extended form of active support for recognised worldviews. If this policy is in accordance with liberal neutrality, some other, weaker forms of state support for religions and worldviews may also be in accordance with this neutrality principle. In the light of these considerations, the authors make some suggestions about possible ways to bring the Belgian church-state policy more in accordance with liberal neutrality.
De Drittwirkung van grondrechten
Authors: Somers Stefan
Published: February 2025

The Drittwirkung of constitutional rights: retorical oddity or herald of a paradigm shift in our judicial system?

This article discusses whether the horizontal effect of human rights marks a new paradigm in legal systems or is merely a new style in legal rhetoric. In doing so, much attention is paid to the differences between direct and indirect horizontal effect. Departing from social contract theory the article explains that the protection of human right values in horizontal relations is an essential feature of modern constitutionalism. It also analyses whether these values in horizontal relations should be protected by private law or by human rights. This question is looked at from a substantial, a methodological and an institutional perspective. In the end, because of institutional power balancing, the article argues in favor of an indirect horizontal effect of human rights.
De complexiteit van het kwaad
Authors: Rozemond Klaas
Published: February 2025

The complexity of evil. A critical reading of Hannah Arendt’s Eichmann in Jerusalem

In her book Eichmann in Jerusalem Hannah Arendt concluded that the Eichmann trial taught us the lesson of the ‘fearsome, word-and-thought-defying banality of evil’. Arendt explained the concept of banality as thoughtlessness: Eichmann did not realize what he was doing when he planned and executed the Final Solution of the Jewish Question in Nazi Germany. In this article Arendt’s analysis of Eichmann’s evil is criticized from an internal perspective: the conclusion that Eichmann was thoughtless cannot be founded on the information Arendt herself gives, especially her reports on Eichmann’s idealism, his knowledge of Kant’s categorical imperative, his Pontius Pilate feeling during the Wannsee Conference, and the two crises of conscience Eichmann experienced during the Holocaust. This information shows that Eichmann clearly realized what he was doing in a moral sense and consciously decided to go on with the Final Solution on the basis of his own convictions as a Nazi.
Globalization as a Factor in General Jurisprudence
Authors: Richards Sidney
Published: February 2025

Globalization as a Factor in General Jurisprudence

Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contemporary analytical jurisprudence. This paper aims to offer a survey of recent scholarship on legal theory and globalization and suggests various ways in which these writings are relevant to the project of jurisprudence. This paper argues, more specifically, that the dominant interpretation of globalization frames it as a particular form of legal pluralism. The resulting concept – global legal pluralism – comes in two broad varieties, depending on whether it emphasizes normative or institutional pluralism. This paper goes on to argue that these concepts coincide with two central themes of jurisprudence, namely its concern with normativity and institutionality. Finally, this paper reflects on the feasibility of constructing a ‘general’ and ‘descriptive’ jurisprudence in light of globalization.
‘Down Freedom’s Main Line’
Authors: Winter Steven L.
Published: February 2025

‘Down Freedom’s Main Line’

Two waves of democratization define the post-Cold War era of globalization. The first one saw democracies emerge in post-communist countries and post-Apartheid South Africa. The current wave began with the uprisings in the Middle East. The first focused on the formal institutions of the market and the liberal state, the second is participatory and rooted in collective action. The individualistic conception of freedom and democracy that underlies the first wave is false and fetishistic. The second wave shows democracy’s moral appeal is the commitment to equal participation in determining the terms and conditions of social life. Freedom, thus, requires collective action under conditions of equality, mutual recognition, and respect.