Oratie uitgesproken door Prof. dr. E.P.M. (Bart) Joosen bij de aanvaarding van het ambt van hoogleraar Financieel recht aan de Universiteit Leiden op vrijdag 24 mei 2024
De Wet open overheid (Woo) is op 1 mei 2022 in werking getreden. Dit is de eerste uitspraak over de vraag of er op grond van de Woo een verplichting bestaat om documenten te vervaardigen. Het korte... Show moreDe Wet open overheid (Woo) is op 1 mei 2022 in werking getreden. Dit is de eerste uitspraak over de vraag of er op grond van de Woo een verplichting bestaat om documenten te vervaardigen. Het korte antwoord daarop is nee. In deze annotatie wordt eerst de casus en het oordeel van de Afdeling weergegeven. Vervolgens wordt op het oordeel van de Afdeling gereflecteerd in het licht van de roep om een responsiever bestuursrecht en de vraag of verzoeker een andere laagdrempelige wijze had om het gevraagde register te krijgen. Show less
Online behavioral advertising (OBA) is a form of advertising that relies on data about users’ behavior (e.g., clicks, likes, voice commands) and uses artificial intelligence (AI) to place ads that... Show moreOnline behavioral advertising (OBA) is a form of advertising that relies on data about users’ behavior (e.g., clicks, likes, voice commands) and uses artificial intelligence (AI) to place ads that users may be interested in. Ads that AI chooses to display often leave users in awe and concern them about the potential of total surveillance. People using these services have (legitimate) expectations that tech companies or democratic institutions protect their interests. Indeed, the European Union (EU) heavily regulates OBA, requiring, for example, that companies have users’ consent before their surveillance. Yet, these ads monetize most “free” online services and turn companies like Alphabet and Meta into the world’s wealthiest. Therefore, the industry is incentivized to acquire consumers’ consent by any means necessary, often through manipulation. As almost everyone has encountered manipulative “cookie banners” online, many have started to doubt if EU law can effectively protect consumers from the growing power of the tech industry. This thesis builds a framework of manipulation, describes consumer manipulation via OBA, constructs a theory of the harms of this phenomenon, and analyses its boundaries in the EU legal framework. The thesis concludes that the EU framework can effectively safeguard consumers, anticipating that the enforcement of the Digital Services Act (DSA) and the Digital Markets Act (DMA) will put an end to consumer manipulation (and exploitation) via OBA. Show less
This dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising... Show moreThis dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising language such as the ‘cultural heritage of mankind’. It argues that this rhetoric empowers states to prioritise purportedly common interests over local ones, potentially erasing living heritage value in the process. The dissertation places cultural heritage law in the context of broader international legal trends, in particular the tension between the pursuit of common interests through international law and the enduring influence of state sovereignty as a structuring principle of that law. It argues that contemporary cultural heritage law often fails to effectively limit state powers or protect the interests of individuals and local communities. It thus calls for stronger guarantees of participation within cultural heritage law, drawing upon legal standards developed within environmental law and human rights law. The dissertation suggests a rethinking the concept of ‘universal interest’ in heritage law to qualify the operation of state sovereignty and to better accommodate the interests of individuals and local communities, emphasizing their role as central actors and the need to bridge the gap between local and global interests in cultural heritage protection. Show less
In this reflective chapter, we examine the structural biases and empirical challenges underlying human trafficking ‘indicators’ (especially problem, risk and performance indicators) that are... Show moreIn this reflective chapter, we examine the structural biases and empirical challenges underlying human trafficking ‘indicators’ (especially problem, risk and performance indicators) that are routinely used to describe and measure human trafficking, assess risk, identify abuses, evaluate responses, and encourage accountability. While frequently used, such indicators can give an undue illusion of objectivity and reliability when they are neither neutral nor unskewed. In fact, numerous factors affect which elements are privileged as ‘indicators’ and which are obscured. We therefore examine here the selectivity, politics, racialized and gendered concerns that relate to the production and use of human trafficking indicators. Since human trafficking is a complex, highly-contested, and multi-faceted practice, it is not easily reduced to the crude generalizations upon which many indicators rest. We explore how the uncritical use of indicators can both contribute to stereotypical and unachievable ideals of victimhood and engender undue criminalization or withholding of victim support. In doing so, we disentangle some paradoxes around who is deemed ‘vulnerable’, ‘at risk’, ‘worthy of support’ and requiring ‘protection’. We highlight the – routinely overlooked – weak empirical basis and other limitations of many commonplace ‘indicators’ and challenges in building empirically-stronger and more robust indicators. The chapter concludes with overall implications of these critical reflections for policy, interventions, and research. Show less
Oratie uitgesproken door Prof. mr. dr. drs. Mirjam P. Sombroek-van Doorm bij de aanvaarding van het ambt van hoogleraar Recht en Gezondheid aan de Universiteit Leiden op vrijdag 26 april 2024.
In the Netherlands, the title of Minister of State is granted to a select set of senior politicians and administrators, generally towards the end of their career. They are appointed by the monarch,... Show moreIn the Netherlands, the title of Minister of State is granted to a select set of senior politicians and administrators, generally towards the end of their career. They are appointed by the monarch, acting on a proposal by the cabinet. In this capacity, they are then asked to perform certain activities or to carry out specific tasks. Both the content of the Minister of State role itself and the appointment process are quite vague. Nevertheless, this exclusive ministerial title has considerable social status. The aim of this research study is to provide insight into the title of Minister of State. The problem description is as follows: What development has taken place in the role of Minister of State; what has the legal and political significance of the Minister of State been; and what can be said about the present-day role of Minister of State, in the Netherlands and in various other countries? Chapter 2 investigates the development of the Minister of State from a historical perspective. In Chapter 3 the various appointments as Minister of State are studied for each monarch. Chapter 4 examines the present-day role of Minister of State. In Chapter 5 a comparative legal study is made of whether other countries also have a Minister of State and what parallels and differences can be seen in relation to this title in the Netherlands.Chapter 6 brings together the findings of the research study and presents the conclusions that were drawn. Show less
This interdisciplinary study, coupling philosophy of law with empirical cognitive science, presents preliminary insight into the role of emotion in criminalization decisions, for both laypeople and... Show moreThis interdisciplinary study, coupling philosophy of law with empirical cognitive science, presents preliminary insight into the role of emotion in criminalization decisions, for both laypeople and legal professionals. While the traditional approach in criminalization theory emphasizes the role of deliberative and reasoned argumentation, this study hypothesizes that affective and emotional processes (i.e., disgust, as indexed by a dispositional proneness to experience disgust) are also associated with the decision to criminalize behavior, in particular virtual child pornography. To test this empirically, an online study (N = 1402) was conducted in which laypeople and legal professionals provided criminalization ratings on four vignettes adapted from criminal law, in which harmfulness and disgustingness were varied orthogonally. They also completed the 25-item Disgust Scale-Revised (DS-R-NL). In line with the hypothesis, (a) the virtual child pornography vignette (characterized as low in harm, high in disgust) was criminalized more readily than the financial harm vignette (high in harm, low in disgust), and (b) disgust sensitivity was associated with the decision to criminalize behavior, especially virtual child pornography, among both lay participants and legal professionals. These findings suggest that emotion can be relevant in shaping criminalization decisions. Exploring this theoretically, the results could serve as a stepping stone towards a new perspective on criminalization, including a “criminalization bias”. Study limitations and implications for legal theory and policymaking are discussed. Show less
The history of South Sudan has been marked by persistent conflict, both before and after the country’s independence in 2011, which has exacerbated the already complex web of overlapping land claims... Show moreThe history of South Sudan has been marked by persistent conflict, both before and after the country’s independence in 2011, which has exacerbated the already complex web of overlapping land claims and unclear land rights. Many South Sudanese people, especially women, lack land tenure security. This report, based on qualitative research implemented in the South Sudanese cities of Torit and Wau in 2021 and 2022, aims to investigate practical interventions for land justice and the dynamics of land justice in South Sudan. To do so, the report focuses on three main topics. First, it provides an overview of land administration in South Sudan. Second, it investigates land-dispute resolution mechanisms, with a particular focus on the Community Mediation Groups (CMGs) implemented by the South Sudan Law Society (SSLS). Finally, it discusses women’s land rights in South Sudan in customary and statutory systems, the paths available for women to claim their rights, and women’s voices and roles in positions of leadership. Show less
The Paris Olympics and Paralympics are scheduled to take place between 26 July and 8 September 2024, whereby electric vertical take-off and landing aircraft are anticipated to take to the skies to... Show moreThe Paris Olympics and Paralympics are scheduled to take place between 26 July and 8 September 2024, whereby electric vertical take-off and landing aircraft are anticipated to take to the skies to offer a new mobility solution to spectators of the Games. This will allow paying members of the public to move between different points within the Paris region akin to an on-demand taxi service, but through the air; passenger air taxi services (PATS). These passengers, as consumers, will have certain rights and duties under European Union law. To determine the level of protection afforded to these air passengers, a full assessment of Regulation (EC) No 261/2004 is required. As the revision of the Regulation is currently on the European Commission’s agenda, it is also important to consider its revision in light of PATS, whereby new technology, emerging business practices, changing customer behaviour and societal expectations for the level of legal protection of PATS users must be considered. This article will, therefore, assess the current version of the Regulation, in light of the interpretation from the European Court, to see whether it applies to PATS and, if so, whether it is suitable or if specific amendments need to be added to the planned revised Regulation. Show less
Urban Air Mobility (UAM) is an emerging air traffic system designed for passengers and cargo in and around urban environments. Both the Federal Aviation Administration of the United States and the... Show moreUrban Air Mobility (UAM) is an emerging air traffic system designed for passengers and cargo in and around urban environments. Both the Federal Aviation Administration of the United States and the European Union Aviation Safety Agency endorse a phased development approach for UAM, commencing with manned aviation and subsequently transitioning to remotely piloted and autonomous operations. This article focuses on legal considerations related to aviation safety, with a specific focus on pilot licensing and crew fatigue management. An analysis of existing aviation law provisions suggests that the International Civil Aviation Organization can work with local authorities to create regulations governing both on-board and remote pilots involved in UAM operations. Safety standards in air law can apply mutatis mutandis to on-board pilots until specific regulations are developed. In the longer term, there shall be domestic laws on both on-board and remote UAM pilots. Show less