Background: While current public policy scholarship can take advantage of a decades-long accumulated knowledge base on the relationship between evidence and policy, it is hard to keep the overview... Show moreBackground: While current public policy scholarship can take advantage of a decades-long accumulated knowledge base on the relationship between evidence and policy, it is hard to keep the overview across different literatures. Over time, the ever more differentiated branches of public policy research have developed their own perspectives, languages, and conceptualisations of ‘evidence’ and ‘policy’, as well as their connections.Aims and objectives: Existing reviews have stressed that studies often do not provide clear definitions of ‘policy’ or ‘evidence’, and have outlined the importance of investigating underlying conceptualisations in the literature. Against this backdrop, this article investigates how present-day public policy scholarship approaches the concepts of ‘evidence’, ‘policy’, and their connections.Methods: We conducted a qualitative systematic review following the PRISMA method. Using a keyword search, we identified relevant articles (n=85) in eleven Q1 and Q2 policy journals included in Web of Science in the period 2015 to 2019.Findings: The synthesis confirms that ‘evidence’ and ‘policy’ are often not clearly defined, yet different trends regarding understandings can be identified. There are two approaches taken on the evidence and policy connection: a ‘use of evidence’ or a ‘use for policy’ perspective.Discussion and conclusions: Research on evidence and policy would benefit from more explicit conceptual discussions. This review may provide a heuristic for explicating conceptual choices when working with the notions of ‘evidence’, ‘policy’, and their connections. It also suggests several avenues that are worth exploring in future research. Show less
Background The Idea, Development, Exploration, Assessment and Long-term study (IDEAL) framework was created to provide a structured way for assessing and evaluating novel surgical techniques and... Show moreBackground The Idea, Development, Exploration, Assessment and Long-term study (IDEAL) framework was created to provide a structured way for assessing and evaluating novel surgical techniques and devices. Objectives The aim of this paper was to investigate the utilization of the IDEAL framework within neurosurgery, and to identify factors influencing implementation. Methods A bibliometric analysis of the 7 key IDEAL papers on Scopus, PubMed, Embase, Web of Science, and Google Scholar databases (2009-2019) was performed. A second journal-specific search then identified additional papers citing the IDEAL framework. Publications identified were screened by two independent reviewers to select neurosurgery-specific articles. Results The citation search identified 1336 articles. The journal search identified another 16 articles. Following deduplication and review, 51 relevant articles remained; 14 primary papers (27%) and 37 secondary papers (73%). Of the primary papers, 5 (36%) papers applied the IDEAL framework to their research correctly; two were aligned to the pre-IDEAL stage, one to the Idea and Development stages, and two to the Exploration stage. Of the secondary papers, 21 (57%) explicitly discussed the IDEAL framework. Eighteen (86%) of these were supportive of implementing the framework, while one was not, and two were neutral. Conclusion The adoption of the IDEAL framework in neurosurgery has been slow, particularly for early-stage neurosurgical techniques and inventions. However, the largely positive reviews in secondary literature suggest potential for increased use that may be achieved with education and publicity. Show less
My artistic practice deals with documents and, more specifically, with the use and the exploration of their narrative potential. This dissertation is about three different cycles of artworks I... Show moreMy artistic practice deals with documents and, more specifically, with the use and the exploration of their narrative potential. This dissertation is about three different cycles of artworks I produced as part of the research project. The notion of animation inheres in each of the three case studies: – Case 1 focuses on my artworks about Simone Pianetti (1858-?), an Italian mass murderer who escaped and disappeared, and who then became a puppet character, animated as a stock character.– Case 2 focuses on Augusto Masetti (1888-1966), an Italian soldier who shot at his superior officer and declared not to remember having done it, as if in a state of ecstatic possession, as if animated by an external entity. Mainly using publications and workshops, I produced a series of artworks related to legal, medical and anarchist records on his case.– Case 3 follows the appearance of a puppet character in Colombia, el espiritado, and its supposed connections to the Masetti case. I describe a series of artistic works I produced, starting from a puppet script about the self-destruction of a village, which can be read as a commentary on puppetry, anarchism and animation. Show less
The research examines publically known investor-state cases, supplemented by views of leading commentators, to identify evidentiary principles dealing with burden of proof, standard of proof,... Show moreThe research examines publically known investor-state cases, supplemented by views of leading commentators, to identify evidentiary principles dealing with burden of proof, standard of proof, presumptions and inferences. In this research, I conclude that investor-state tribunals have indeed recognized and applied evidentiary principles on burden of proof, standard of proof, presumptions and inferences. These principles do not always flow from the generally accepted view on arbitral discretion. Rather, these principles have been generally recognized under the rubric of general principles of law. I conclude that the failure to meet the evidentiary principle can have consequences, although the precise consequence varies based on the principle. For example, the failure to meet some of the principles (e.g., burden of proof) can have very severe consequences (e.g., annulment of an ICSID award) but for other principles like whether or not a tribunal should draw an inference would depend on its assessment of the evidence and, therefore, as a general matter cannot be the subject of an annulment. Show less
Prominent European institutions and organisations frequently report on the incidence of discriminatory violence, motivated on such grounds as colour, association with a national minority, religion... Show moreProminent European institutions and organisations frequently report on the incidence of discriminatory violence, motivated on such grounds as colour, association with a national minority, religion or sexual orientation, in various European States. This thesis explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights. The main purpose of this thesis is to determine whether the evidentiary framework deployed by the European Court of Human Rights is adequate in discriminatory violence cases, and to offer suggestions for improvement where it is not. To reach that purpose, this study focuses on three evidentiary issues in cases of discriminatory violence. Firstly, it explores whether the Court’s application of the standard of proof ‘beyond reasonable doubt’ forms an obstacle in establishing the occurrence of discriminatory violence. Secondly, it explores the circumstances in which the burden of proof may shift from the applicant to the respondent State. Thirdly, the study looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence. Show less
This study focuses on the use of witness testimony in Dutch criminal procedure and looks at whether the existing framework for criminal procedure and modes of operation in criminal legal practice... Show moreThis study focuses on the use of witness testimony in Dutch criminal procedure and looks at whether the existing framework for criminal procedure and modes of operation in criminal legal practice require adaptation in light of truth-finding. Determining the credibility of witness testimony in a criminal legal context is to an important extent, steered by factors about which non-legal disciplines can provide more insight. This study maps and connects the different insights. The collected insights subsequently offer a framework to further review the statutory procedures and modes of operation in practice with regards to the production and assessment of witness testimony. Because of the strong accentuation of written documents Dutch criminal justice is under suspicion of not having the right instruments at its disposal to optimally test the content of testimony and therewith adequately guarantee the quality of criminal legal truth-finding. This study shows that in practice, there are a number of weaknesses in the manner in which witness testimony is handled and that the judicial decision in this regard is a risky decision. Besides the fact that the aspect of production remains underexposed in the process of assessment, it may be established that the judge hardly has any purchase in statutory law or legal doctrine for the assessment of witness testimony. Recommendations are made to adapt Dutch legal procedure and some practical modes of operation. Show less
Loeve, A.J.; Bilo, R.A.C.; Emirdag, E.; Sharify, M.; Jansen, F.W.; Dankelman, J. 2013
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the right not be expelled to a country where they face the... Show moreAdequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the right not be expelled to a country where they face the risk of being subjected to human rights violations. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their asylum procedures. An important result of the adoption of the Procedures Directive is that asylum procedures now fall within the reach of the Charter and general principles of EU law. This book examines the meaning of the EU right to an effective remedy for the legality and the interpretation of the Procedures Directive. For this purpose the EU Courts' case-law on the EU right to an effective remedy is examined. The interpretation of the EU right to an effective remedy is inspired by international law. Therefore this book also extensively discusses the ECtHR's case-law as well as the views of the UNHCR and UN Committees concerning procedural rights for asylum applicants. The result of this exercise is a set of procedural standards with regard to several key issues of asylum procedures: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review of the establishment and qualification of the facts and the use of secret evidence. Show less
In this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into... Show moreIn this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into agreements as to proceedings, as they may contribute to a swift and efficient course of the civil proceedings. In addition, research into these agreements can result in a better insight into the question about the control over the proceedings. Who ultimately has the right to determine the course of affairs during the proceedings? Is it the parties, whose substantive rights are at issue, or is it the government, which makes the civil proceedings available? Three main questions are to be distinguished in this research. Firstly, the admissibility of agreements as to proceedings has been examined. To what extent can parties validly conclude an agreement as to proceedings? Secondly, the effect of agreements as to proceedings has been examined. What are the consequences of an agreement as to proceedings concluded by parties? Finally, it has been investigated what rules are applicable to such agreements. Show less
This thesis discusses the question to what extent and how European and Dutch competition law can be enforced using private law techniques within the Dutch legal system. A principal reason for... Show moreThis thesis discusses the question to what extent and how European and Dutch competition law can be enforced using private law techniques within the Dutch legal system. A principal reason for enquiring into this question is the modernisation and decentralisation of European competition law enforcement. Chapter 2 discusses the objectives and contents of competition law. Chapter 3 considers the main points of the question how the public law enforcement of competition law works. Chapter 4 explores the contours of the different options and developments in the private law enforcement of competition law. Chapter 5 examines the evolution of the role played by the national court in the private law enforcement of competition law. Chapter 6 explores the arbitrator’s role in the private law enforcement of competition law. Chapter 7 reviews the award of damages on account of breach of competition law. Chapter 8 examines the role played by collective actions in the private law enforcement of competition law. Chapter 9 explores evidentiary problems in the private law enforcement of competition law and the possible solutions. Chapter 10 discusses several aspects of private international law that could play a role in the private law enforcement of competition law. Chapter 11, finally, contains some concluding observations. Show less
