Complex Legal Framework Research Articles

Tools to combat food fraud - A gap analysis.

A complex legal and institutional framework exists in the EU to ensure the safety of the feed-food chain, while such an integrated system for combating food fraud is under development. The European Commission (EC) Knowledge Centre for Food Fraud and Quality is charged with the provision of scientific insight for the policy making of EC services dealing with food fraud, and the creation of expert networks with the competent authorities of the EU Member States. To flag gaps in the existing infrastructure needed for effectively and efficiently fighting food fraud, the Centre together with the competent authorities and several EC services undertook a stocktaking exercise of what works well and which areas will need improvement. Out of several focus areas, (i) the development of early warning systems, (ii) the availability of compositional databases of vulnerable foods, and (iii) the creation of centres of competence were prioritised for further action.

The Role of the Legal System in the Flint Water Crisis.

Policy Points A major factor explaining government actors' failure to mitigate or avert the Flint, Michigan, water crisis is the sheer complexity of the laws regulating how governmental agencies maintain and monitor safe drinking water. Coordination across agencies is essential in dealing with multiple legal arrangements. Public health legal authority and intervention mechanisms are not self-executing. Legal preparedness is essential to efficiently navigating complex legal frameworks to address public health threats. The Flint water crisis demonstrates the importance of democracy for protecting the public's health. Laws responding to municipal fiscal distress must be consistent with expected norms of democracy and require consideration of public health in decision making. Context The Flint, Michigan, water crisis resulted from a state-appointed emergency financial manager's cost-driven decision to switch Flint's water source to the Flint River. Ostensibly designed to address Flint's long-standing financial crisis, the switch instead created a public health emergency. A major factor explaining why the crisis unfolded as it did is the complex array of laws regulating how governmental agencies maintain and monitor safe drinking water. Methods We analyzed these legal arrangements to identify what legal authority state, local, and federal public health and environmental agencies could have used to avert or mitigate the crisis and recommend changes to relevant laws and their implementation. First, we mapped the legal authority and roles of federal, state, and local agencies responsible for safe drinking water and the public's health-that is, the existing legal environment. Then we examined how Michigan's emergency manager law altered the existing legal arrangements, leading to decisions that ignored the community's long-term health. Juxtaposed on those factors, we considered how federalism and the relationship between state and local governments influenced public officials during the crisis. Findings The complex legal arrangements governing public health and safe drinking water, combined with a lack of legal preparedness (the capacity to use law effectively) among governmental officials, impeded timely and effective actions to mitigate or avert the crisis. The emergency manager's virtually unfettered legal authority in Flint exacerbated the existing complexity and deprived residents of a democratically accountable local government. Conclusions Our analysis reveals flaws in both the legal structure and how the laws were implemented that simultaneously failed to stop and substantially exacerbated the crisis. Policymakers need to examine the legal framework in their jurisdictions and take appropriate steps to avoid similar disasters. Addressing the implementation failures, including legal preparedness, should likewise be a priority for preventing future similar crises.

Barriers to and Facilitators of End-of-Life Decision Making by Neonatologists and Neonatal Nurses in Neonates: A Qualitative Study

ContextMaking end-of-life decisions (ELDs) in neonates involves ethically difficult and distressing dilemmas for health care providers. Insight into which factors complicate or facilitate this decision-making process could be a necessary first step in formulating recommendations to aid future practice. ObjectivesThis study aimed to identify barriers to and facilitators of the ELD-making process as perceived by neonatologists and nurses. MethodsWe conducted semistructured face-to-face interviews with 15 neonatologists and 15 neonatal nurses, recruited through four neonatal intensive care units in Flanders, Belgium. They were asked what factors had facilitated and complicated previous ELD-making processes. Two researchers independently analyzed the data, using thematic content analysis to extract and summarize barriers and facilitators. ResultsBarriers and facilitators were found at three distinct levels: the case-specific context (e.g., uncertainty of the diagnosis and specific characteristics of the child, parents, and health care providers, which make decision making more difficult), decision-making process (e.g., multidisciplinary consultations and advance care planning, which make decision making easier), and overarching structure (e.g., lack of privacy and complex legislation making decision making more challenging). ConclusionBarriers and facilitators found in this study can lead to recommendations, some simpler to implement than others, to aid the complex ELD-making process. Recommendations include establishing regular multidisciplinary meetings to include all health care providers and reduce unnecessary uncertainty, routinely implementing advance care planning in severely ill neonates to make important decisions beforehand, creating privacy for bad-news conversations with parents, and reviewing the complex legal framework of perinatal ELD making.

Neonatologists and neonatal nurses have positive attitudes towards perinatal end-of-life decisions, a nationwide survey.

Perinatal death is often preceded by an end-of-life decision (ELD). Disparate hospital policies, complex legal frameworks and ethically difficult cases make attitudes important. This study investigated attitudes of neonatologists and nurses towards perinatal ELDs. A survey was handed out to all neonatologists and neonatal nurses in all eight neonatal intensive care units in Flanders, Belgium in May 2017. Respondents indicated agreement with statements regarding perinatal ELDs on a Likert-scale and sent back questionnaires via mail. The response rate was 49.5% (302/610). Most neonatologists and nurses found nontreatment decisions such as withholding or withdrawing treatment acceptable (90-100%). Termination of pregnancy when the foetus is viable in cases of severe or lethal foetal problems was considered highly acceptable in both groups (80-98%). Physicians and nurses do not find different ELDs equally acceptable, e.g. nurses more often than physicians (74% vs 60%, p=0.017) agree that it is acceptable in certain cases to administer medication with the explicit intention of hastening death. There was considerable support for both prenatal and neonatal ELDs, even for decisions that currently fall outside the Belgian legal framework. Differences between neonatologists' and nurses' attitudes indicate that both opinions should be heard during ELD-making.

Cross-border transports and cross-border mobility in EU border regions

Administrative boundaries create all sorts of barriers. These include obstacles associated with cross-border mobility. The presence of cross-border transports can be pivotal to reducing the barrier-effect on citizen’s mobility and to increasing territorial integration of the European Union (EU). As recent surveys have revealed, cross-border accessibility is still considered a major barrier across most EU borders. In this context, this paper examines the overall current panorama of cross-border transports in the EU as a crucial barrier, whilst proposing a Cross-border Transport Permeability index to allow comparing this barrier across the EU. The findings indicate that cross-border transports are not yet sufficiently developed in the face of the increasing needs of EU citizens to cross borders, even in the most mature and socio-economically developed EU border areas, and that complex legal and administrative frameworks from both sides of the border make the creation of joint solutions for improving cross-border transportation across EU borders a challenging task.

Strengthening legal frameworks for vaccination: The experiences of Armenia, Georgia, and Moldova

BackgroundGavi, the Vaccine Alliance, delivers life-saving vaccines to children in the world’s poorest countries and encourages countries to assume increasing ownership of their immunization programs as their economies grow. Vaccination legislation may promote country ownership and immunization program sustainability. However, despite establishment of vaccination laws as an indicator of national commitment to immunization through the Global Vaccine Action Plan, little is known about the content of vaccination legislation in low- and middle-income countries and the processes by which countries strengthen their legal frameworks. We describe the experiences of three countries supported by Gavi through its partnership with the Sabin Vaccine Institute— Armenia, Georgia, and Moldova—in strengthening their legal frameworks for vaccination as they transition from Gavi support. MethodsInformation presented comes from national legal documents and the 2017 European Regional Workshop on Immunization Legislation, in which legislators and health officials from Armenia, Georgia, and Moldova shared approaches to making immunization a national priority by strengthening legal frameworks. We outline each country’s legislative framework, describe progress in modifying vaccination legislation, and present strategies developed by countries to continue strengthening the legal basis of their immunization programs. ResultsArmenia, Georgia, and Moldova have legal frameworks that guarantee immunization as a public good, define immunization calendars, and establish regulations for vaccine procurement and administration. Legislative priorities include modifications of regulations to optimize procurement (Armenia and Moldova), potential provisions to increase vaccination through incentives (Georgia) or requirements (Moldova, possibly Armenia), and new mechanisms to finance routine program costs (all three countries). Each country is employing a distinct approach to strengthen its legal framework. ConclusionThese country experiences suggest that while legal approaches can promote country ownership, there is no standardized approach to vaccination legislation. A better understanding of the complex legal frameworks and their impact on supporting and sustaining progress in vaccination is needed.

Transnational access to large prospective cohorts in Europe: Current trends and unmet needs

Biobank samples and data from studies of large prospective cohorts (LPC) represent an invaluable resource for health research. Efficient sharing and pooling of samples and data is a central pre-requisite for new advances in biomedical science. This requirement, however, is not compatible with the present scattered and traditional access governance structures, where legal and ethical frameworks often form an obstacle for effective sharing. Moreover, the EU General Data Protection Regulation (GDPR) is demanding increasingly rigorous administration from all those organisations processing personal data. The BBMRI-LPC project (Biobanking and Biomolecular Research Infrastructure ― Large Prospective Cohorts) assembled 21 LPCs from 10 countries and two EU-wide multinational cohort networks with a key objective to promote collaborative innovative transnational research proposed by external researchers on the broad field of common chronic diseases, and analyze the gaps and needs involved. BBMRI-LPC organized three scientific calls to offer European investigators an opportunity to gain free of charge transnational access to research material available in the participating cohorts. A total of 11 high-quality research proposals involving multiple prospective cohorts were granted, and the access process in the individual projects carefully monitored. Divergent access governance structures, complex legal and ethical frameworks and heterogeneous procedures were identified as currently constituting substantial obstacles for sample and data transfer in Europe. To optimize the scientific value and use of these research resources, practical solutions for more streamlined access governance in collaborative projects are urgently needed. A number of infrastructure developments could be made to improve time-efficiency in access provision.

Extracorporeal application of eddy brakes to control the magnetic nanoparticles and modulating the drift and diffusion characteristics of these particles in the heart – a theoretical assessment

Biobank samples and data from studies of large prospective cohorts (LPC) represent an invaluable resource for health research. Efficient sharing and pooling of samples and data is a central pre-requisite for new advances in biomedical science. This requirement, however, is not compatible with the present scattered and traditional access governance structures, where legal and ethical frameworks often form an obstacle for effective sharing. Moreover, the EU General Data Protection Regulation (GDPR) is demanding increasingly rigorous administration from all those organisations processing personal data. The BBMRI-LPC project (Biobanking and Biomolecular Research Infrastructure ― Large Prospective Cohorts) assembled 21 LPCs from 10 countries and two EU-wide multinational cohort networks with a key objective to promote collaborative innovative transnational research proposed by external researchers on the broad field of common chronic diseases, and analyze the gaps and needs involved. BBMRI-LPC organized three scientific calls to offer European investigators an opportunity to gain free of charge transnational access to research material available in the participating cohorts. A total of 11 high-quality research proposals involving multiple prospective cohorts were granted, and the access process in the individual projects carefully monitored. Divergent access governance structures, complex legal and ethical frameworks and heterogeneous procedures were identified as currently constituting substantial obstacles for sample and data transfer in Europe. To optimize the scientific value and use of these research resources, practical solutions for more streamlined access governance in collaborative projects are urgently needed. A number of infrastructure developments could be made to improve time-efficiency in access provision.

Socio-Economic Aspects of Information Deployment: Causes and Consequences

This paper provides a review of literature discussing the relationship between information communications technology (ICT) and low-income individuals. It seeks to identify ways in which economic class status impacts ICT engagement among low-income individuals, and to assess how class status impacts the attitudes of external interlocutors towards low-income ICT users. The study employs a three-part analysis, comprising a review of the information poverty model of information behavior and its critics, a review of literature discussing the deployment and impacts of information surveillance, and a review of literature assessing libraries as a site for closing information gaps. It presents a body of information which argues that low-income individuals interact with ICT within a complex cultural, legal and economic framework, and presents possibilities for further interdisciplinary investigation of this topic.

“Go forth and wrestle with the legal system”: Some perceptions and experiences of lesbian parents in rural Australia

AbstractThis study explores the perceptions and experiences of a small group of lesbian parents living in rural Australia, who discussed the decisions they made in creating their families, their expectations and understanding of their roles and relationships and their concepts of family and parenthood. The study also explores how these lesbian‐parented families have negotiated the complex legal frameworks under which they exist.

The no-go zone: a qualitative study of access to sexual and reproductive health services for sexual and gender minority adolescents in Southern Africa

BackgroundAdolescents have significant sexual and reproductive health needs. However, complex legal frameworks, and social attitudes about adolescent sexuality, including the values of healthcare providers, govern adolescent access to sexual and reproductive health services. These laws and social attitudes are often antipathetic to sexual and gender minorities. Existing literature assumes that adolescents identify as heterosexual, and exclusively engage in (heteronormative) sexual activity with partners of the opposite sex/gender, so little is known about if and how the needs of sexual and gender minority adolescents are met.MethodsIn this article, we have analysed data from fifty in-depth qualitative interviews with representatives of organisations working with adolescents, sexual and gender minorities, and/or sexual and reproductive health and rights in Malawi, Mozambique, Namibia, Zambia and Zimbabwe.ResultsSexual and gender minority adolescents in these countries experience double-marginalisation in pursuit of sexual and reproductive health services: as adolescents, they experience barriers to accessing LGBT organisations, who fear being painted as “homosexuality recruiters,” whilst they are simultaneously excluded from heteronormative adolescent sexual and reproductive health services. Such barriers to services are equally attributable to the real and perceived criminalisation of consensual sexual behaviours between partners of the same sex/gender, regardless of their age.Discussion/ conclusionThe combination of laws which criminalise consensual same sex/gender activity and the social stigma towards sexual and gender minorities work to negate legal sexual and reproductive health services that may be provided. This is further compounded by age-related stigma regarding sexual activity amongst adolescents, effectively leaving sexual and gender minority adolescents without access to necessary information about their sexuality and sexual and reproductive health, and sexual and reproductive health services.

Having yes, using no? About the new legal regime for biometric data

The rise of biometric data use in personal consumer objects and governmental (surveillance) applications is irreversible. This article analyses the latest attempt by the General Data Protection Regulation (EU) 2016/679 and the Directive (EU) 2016/680 to regulate biometric data use in the European Union. We argue that the new Regulation fails to provide clear rules and protection which is much needed out of respect of fundamental rights and freedoms by making an artificial distinction between various categories of biometric data. This distinction neglects the case law of the European Court of Human Rights and serves the interests of large (governmental) databases. While we support regulating the use and the general prohibition in the GDPR of using biometric data for identification, we regret this limited subjective and use based approach. We argue that the collection, storage and retention of biometric images in databases should be tackled (objective approach). We further argue that based on the distinctions made in the GDPR, several categories of personal data relating to physical, physiological or behavioural characteristics are made to which different regimes apply. Member States are left to adopt or modify their more specific national rules which are eagerly awaited. We contend that the complex legal framework risks posing headaches to bona fide companies deploying biometric data for multifactor authentication and that the new legal regime is not reaching its goal of finding a balance between the free movement of such data and protecting citizens. Law enforcement authorities also need clear guidance. It is questioned whether Directive (EU) 2016/680 provides this.

El papel de la normativa urbana en el desarrollo turístico y la protección del ambiente

La región Chorotega en el pacífico costarricense, ha recibido una fuerte inversión por parte del sector turismo. Actualmente, procesos como el impacto del turismo residencial, la disponibilidad de recurso hídrico y la ocupación de áreas ambientalmente frágiles preocupan a diferentes sectores del gobierno y de la sociedad civil. Este es un fenómeno multicausal que abarca, desde la falta de planificación territorial hasta la escasez de recursos para los procesos de tramitación y control. La poca participación de las comunidades en la planificación y ejecución de proyectos son otros de los factores relacionados. En Costa Rica, se está cuestionando la efectividad de la normativa para la conservación de los recursos naturales frente al desarrollo turístico. El extenso marco normativo para la regulación de las actividades turísticas presenta una serie de inconsistencias que facilitan la ocupación y sobre explotación de áreas ambientalmente frágiles.

Research and management priorities for Atlantic marine recreational fisheries in Southern Europe

Marine Recreational Fishing (MRF) is an important activity in Europe, with 9 million fishers and generating annually € 6 billion in direct expenditures. However, there is a lack of data and understanding of MRF in Europe, particularly in Southern countries, which prevents a number of fish stocks from being effectively assessed and managed. In November 2016, a participatory workshop on MRF was held in Vigo (Spain) to identify challenges and opportunities for data collection, and to diagnose key research gaps and management issues for MRF in the Southern European Atlantic. Experts from a wide range of disciplines (researchers, policy makers, fisheries managers and commercial and recreational fishers) highlighted that the management of MRF is a challenge due to complex and dispersed legal frameworks, with multiple administrations involved, and overlapping uses of space with commercial fishing, aquaculture, navigation and tourism, among others. The lack of strong and representative fishing associations hampers research and management initiatives. Effective communication between recreational fishers, researchers and fisheries managers is also lacking. Despite the ecological, social and economic relevance of MRF, there is no systematic and comprehensive collection of information on fishing effort, recreational catches, expenses, social profile and access conditions of European recreational fishers. These data would be useful to avoid biases in the assessment of recreational fisheries due to the great diversity of ecosystems, species and typologies of users. Strategic recommendations and research priorities were also identified to address knowledge gaps and are discussed in the context of the management of MRF across Europe.

Creating an enabling environment for WR&R implementation.

Reclaimed water is receiving growing attention worldwide as an effective solution for alleviating the growing water scarcity in many areas. Despite the various benefits associated with reclaimed water, water recycling and reuse (WR&R) practices are not widely applied around the world. This is mostly due to complex and inadequate local legal and institutional frameworks and socio-economic structures, which pose barriers to wider WR&R implementation. An integrated approach is therefore needed while planning the implementation of WR&R schemes, considering all the potential barriers, and aiming to develop favourable conditions for enhancing reclaimed water use. This paper proposes a comprehensive methodology supporting the development of an enabling environment for WR&R implementation. The political, economic, social, technical, legal and institutional factors that may influence positively (drivers) or negatively (barriers) WR&R implementation in the regional water systems are identified, through the mapping of local stakeholder perceptions. The identified barriers are further analysed, following a Cross-Impact/System analysis, to recognize the most significant barriers inhibiting system transition, and to prioritize the enabling instruments and arrangements that are needed to boost WR&R implementation. The proposed methodology was applied in the Copiapó River Basin in Chile, which faces severe water scarcity. Through the analysis, it was observed that barriers outweigh drivers for the implementation of WR&R schemes in the Copiapó River Basin, while the key barriers which could be useful for policy formulation towards an enabling environment in the area concern the unclear legal framework regarding the ownership of treated wastewater, the lack of environmental policies focusing on pollution control, the limited integration of reclaimed water use in current land use and development policies, the limited public awareness on WR&R, and the limited availability of governmental funding sources for WR&R.

La contienda por los contenidos de educación sexual: repertorios discursivos y políticos utilizados por actores en México a inicios del siglo XXI

In 2006, there was a fight to modify the content of middle school sex education in Mexico. To understand this struggle for secular education, we conducted interviews and reviewed public statements by different actors, documenting the use of discursive repertoires to argue their proposals and the link with businessmen and public officials. The struggle shows how the secular state is constructed through actors’ strategies and reflects the legitimacy of both religious and secular discourse. The secularism of sex education advanced because the secular state is underpinned by a complex legal and political framework which scientific evidence and population, health, gender and human rights priorities regard as being more legitimate than religious values. However, the contents are permeated by Catholic discourse due to the use of power networks and concerns over the loss of sexual order.

The Development of World Trade Organization Law. By Gregory Messenger

Gregory Messenger has written an interesting new book, The Development of World Trade Organization Law. The choice of title might appear to imply a focus on development—as in economic development—a subject close to the WTO’s core mandate, but Messenger has decided instead to analyse the process of legal development in the organization. Implicit in Messenger’s choice is a dissatisfaction with conventional accounts of the law’s evolution. These stress the law’s change from static moment to static moment rather than interactively and incrementally. As Messenger sees it, what is needed is an emphasis on law as process. It is an attractive idea, one made more attractive by the fact that we live ‘in a time of intense global interactions’ giving rise to ‘a complex legal framework of competing and interacting jurisdictional influences’ that often seem to find their fulcrum in WTO law. WTO law is a dense site of legal activity. It is a ‘laboratory’ within which his thesis can be tested.

Sharing personal information in the child protection context: Impediments in the Australian legal framework

AbstractProfessionals, including social workers, in the child protection context are frequently required to make decisions on whether to share sensitive personal information about children, their families, and others with colleagues and across institutional and jurisdictional boundaries. Sharing information across agencies and organisations is essential to allow joined‐up service provision and to effectively protect and support children and their families. A legal framework that supports this decision making is a necessary, although not sufficient, condition for effective information sharing. This article examines the complex legal framework that governs information sharing across the Australian states and territories. It identifies a number of structural and regulatory elements that unnecessarily limit information sharing or have a tendency to create a culture that is risk averse, rather than proactive, in sharing information. The article suggests structural and regulatory reforms that would improve the legal framework for sharing information, while at the same time giving due recognition to the human rights that come into tension in this policy context: the right to privacy and the rights of the child.

Subnational governance for the low carbon energy transition: Mapping the UK’s ‘Energy Constitution’

The UK has a ‘national’ strategy to decarbonise its energy sector, yet the transfer of key responsibilities to its Devolved Administrations has meant that they control many of the powers that determine the rate and extent of the decarbonisation process. This reflects an asymmetrical distribution of legal responsibilities that has cast a complex range of powers ‘downward’ from the national sphere to subnational scales and which plays a crucial role in shaping the agency at different levels of the UK’s energy governance. This paper provides a detailed exploration of the UK’s ‘Energy Constitution’ as a means of examining the way in which the complex legal framework of devolution shapes the spatial organisation of the UK’s low carbon transition. Previous research on the low carbon transition has remained largely ‘lawless’ and as such has tended to overlook how the legal regimes governing energy both produce space and are shaped by its geographic context. The paper therefore develops a more nuanced understanding of the spatiality, territorialisation and scaling of UK energy governance to highlight a nexus of ambiguity and partial power allocation distributed across a plurality of overlapping ‘legal’ jurisdictions. This raises fundamental questions over how UK constitutional arrangements reify the territoriality of energy governance and structure the relationships between national and subnational multi-level decarbonisation processes.

La violencia de las leyes: el uso de la fuerza y la criminalización de protestas socioambientales en el Perú

This paper does a profound description of the legal framework and its recent modifications related to the State’s use of force in socio-environmental conflicts. This analysis emphasizes in law’s violent nature as a theoretic approach that intends on showing the way that the legal system, instead of defending rights, violates them. The methodology is dogmatic when analyzing law and other legal documents, and interdisciplinary when comparing laws with evidence gathered in interviews, participant observation, documents and databases. The objective its to characterize critically the complex legal framework that articulates the politics that leads to the criminalization of social protests against extractive industries in Peru.