The UN General Assembly Resolution on Access to Legal Aid in Criminal Proceedings - an Example for Europe. IES Policy Brief Issue 2013/04 • May 2013

Summary. The EU’s attempts to adopt an EU-wide instrument on the right to access to legal aid in criminal proceedings have not been successful so far. The important issue was originally part of Measure C of the Roadmap for criminal procedural rights,1 but due to political difficulties legal aid was dropped from the agenda. However, on a different plane agreement was reached on this topic as the United Nations General Assembly (UNGA) has adopted the world’s first international instrument dedicated to access to legal aid in December 2012.2 This policy brief argues that the EU should carry on in the ‘spirit’ of these recent developments and adopt a directive providing suspects and defendants with access to legal aid. 1 Council Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, OJ C 295/1, 4 December 2009; hereafter will be referred to this Council Resolution as the ‘Roadmap’; for further information see M. Jimeno-Bulnes, ‘The EU Roadmap for Strengthening Procedural Rights of Suspected or Accused Persons in Criminal Proceedings’, 4 EUCrim (2009), 157-161. 2 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, A/Res/67/187, 20 December 2012; from here on will be referred to this as the ‘Resolution’.

Digital workers by design? An example from the on-demand economy. CEPS Working Document No. 414/October 2015 Monday, 19 October 2015

Recent organisational and technological changes à la Uber have generated a new labour market fringe: a digital class of workers and contractors. In this paper we study the case of CoContest, a crowdsourcing platform for interior design. Our objective is to investigate how profitable this type of work can be, also from a cross-country perspective, and why professionals choose to supply work on such a platform. Given the low returns, one might expect to see a pattern of northern employer/southern contractor. Yet analysis reveals a more nuanced pattern, in which designers supply their work even if they live in Italy, which is a high-income country. For these designers work on CoContest can make sense if they are new to the labour market and face high entry barriers, although crowdsourcing does not offer them profitable employment full time. The case of Serbia, the second-largest supplier of designers, is different, however. As a result of differences in purchasing power, if the market grows experienced Serbian designers can expect to make a living from crowdsourced contracts.

Greece as an example of “post-politics” in the eurozone. EPIN Commentary No. 28/9 November 2015

The negotiations between Greece and the EU and IMF tested the unity, limits, stamina and financial interdependence of eurozone member states. Greece emerged wounded from the fray, but Prime Minister Alexis Tsipras has established beyond doubt his dominance in Greek politics, in defiance of partisan competitors at home and his counterparts’ wishes in the rest of Europe. In this EPIN Commentary the authors argue that – beyond the political significance of SYRIZA’s third electoral victory in seven months – this vote of confidence brings certain characteristics of both Greek and EU politics into sharper relief. The high-risk political activism undertaken by Syriza’s leadership in the first half of 2015 has (re)opened the debate about what kind of EU we live in, and contributed to the creation of another type of discourse in Europe – one that has so far been the preserve of established elites.

The Israeli lobby for Research and Innovation in the European Union. An example of efficient cooperation in the European Neighbourhood? Bruges Political Research Papers 49/2015.

Israel figures among the world-leaders in R&D expenditure and has a high-performing scientific community. Since the 1990s it has been associated with the Scientific Policy of the European Union via the European Research Framework Programmes (FP). The cooperation between Israel and the EU in this domain has gradually increased and benefits the scientific communities on both sides. In 2014 the association of Israel to the latest and biggest European FP ever adopted (Horizon 2020) was renewed for the fourth time. Based on all the scientific evidence provided, the elaboration of a European Research Policy can be identified as a highly regulated domain, offering relevant ‘channels of influence’. These channels offer Israel the opportunity to act within the Research Policy system. Being a member of several formal EU bodies in charge of implementing EU Research Policy, Israel is able to introduce its positions effectively. This is accompanied by an outstanding level of activity by Israel in linking concrete EU Research Policy measures to the Israeli Scientific Community at the national level. To carry out this task, Israel relies on an effective organization, which remodels the provided EU structures: European ‘National Contact Points’ (NCPs) are concentrated within the ‘Europe Israel R&D Directorate’ (ISERD). ISERD connects efficiently all the relevant actors, forums and phases of EU-Israeli Research Policy. ISERD can be recognized as being at the heart of Israel's research cooperation with the EU, and its structure may be a source of in

The Digital Market for Local Services: A one-night stand for workers? An example from the on-demand economy. CEPS Special Report, No. 133/April 2016

This case study provides a snapshot of the dynamics in the digital market for locally provided personal services. Based on a case study for a Belgium platform with 14,113 identified workers and 9,459 posted tasks, the findings suggest that the current intermediation is inefficient. Only a limited share of the tasks posted on the platform are being completed, whereas the characteristics of the not-completed tasks are fairly limited. Moreover, just a small share of the workers participating in the platform is actually performing the completed tasks. Their average earnings per hour are in most cases above the minimum wage and even above the median wage in the offline market. At the present time, however, the limited earnings for individual workers prevent this mode of working from becoming an alternative to a conventional job. In addition to the standard determinants of workers’ earnings (e.g. gender, age, occupation, etc.), the characteristics and evaluation mechanism of the platform have a large influence on the distribution of tasks and earnings.

The Impact of the Collaborative Economy on the Labour Market. CEPS Special Report No. 138, June 2016

The digitalisation of work is creating new ways of intermediating work, with for example platforms intermediating work between individuals online. These so-called online collaborative platforms have the potential to fundamentally change the labour market, but for the moment, with an estimated 100,000 active workers or 0.05% of total employees in the EU, they do not seem to have a large impact on the offline/traditional labour market or the create/destroy impetus. This paper analyses the direct and indirect impact of the collaborative economy on the labour market. The findings, based on a collection of empirical studies, suggest that most workers do not earn their main income through online platforms and they obtain earnings from different types of platforms. Earnings from physical/local services are, in general, substantially higher than virtual services that can potentially be delivered globally. The paper also assesses the conditions, number of hours worked and employment status, compared to the offline labour market, and finds shows large differences across types of workers, platforms, and countries. The emergence of online collaborative platforms poses some challenges and opportunities for policy-makers. On the one hand, they may be challenged to ensure minimum remuneration, fair evaluation, tax declaration and social protection, and reduction of the administrative burden. On the other hand, the new technologies may provide opportunities to (partially) liberate some professional services and activate specific groups at a distance away from the labour market. This paper was commissioned by the European Commission as input into its European Agenda for the Collaborative Economy. This Ag

Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

The doctrine of multilayered governance: The Example of Swiss Foreign Migration Policy

The New Swiss interdepartemental cooperation structure results in a new setting in negotiations and stimulates the counterpart or for the same setting and at least for the same domestic cooperation.

Changes Measurement in Biological Signals Based on Dynamic Time Warping Procedure on the Example of Repolarization Part of HeartbeatCycle

Master thesis discusses the analysis of changes in biological signals on time based on dynamic time warping algorithm (DTW). Special attention is paid to problems of tiny changes analysis incomplex nonstationary biological signals. Electrocardiographic (ECG) signals are used as an example inthis study; in particular, repolarization segments of heart beat cycles. The aim of the research is studyingthe possibility of applying DTW algorithm for the analysis of small changes in the repolarization segments of heart beat cycles. The research has the following tasks:- Studying repolarization segments of heart beat cycles, andmethods of their analysis;- Studying DTW algorithm and its modifications, finding the most appropriate modification for analyzing changes in biological signals;- Development of methods for analyzing the warping path(output parameter of DTW algorithm).

"Macanas", "tragedias" y "dramas" : Los jueces y su presentación del pasado de terrorismo de Estado en el Juicio por la Verdad de Bahía Blanca, Argentina

El trabajo que aquí se presenta tiene como objetivo indagar en las diferentes manifestaciones sobre el pasado reciente de terrorismo de Estado realizadas por los jueces durante las audiencias de uno de los denominados "Juicios por la Verdad", que se realizó en la ciudad de Bahía Blanca, Argentina entre 1999 y 2000. Se trabajó con una metodología de análisis cualitativo y se utilizaron distintas fuentes de información tales como entrevistas a jueces y abogados de organizaciones de derechos humanos y la totalidad de los videos de las audiencias del Juicio por la Verdad de Bahía Blanca. Como resultado se establece la manera en que estos profesionales del derecho interpretaron el terrorismo de Estado confrontando la posición adoptada por los militares de no brindar información y de reivindicar la "guerra antisubversiva", deslindando a la vez las distintas responsabilidades entre los miembros de las Fuerzas Armadas.

3D models created from ROV videos and their corresponding subtransect dimensions

Underwater video transects have become a common tool for quantitative analysis of the seafloor. However a major difficulty remains in the accurate determination of the area surveyed as underwater navigation can be unreliable and image scaling does not always compensate for distortions due to perspective and topography. Depending on the camera set-up and available instruments, different methods of surface measurement are applied, which make it difficult to compare data obtained by different vehicles. 3-D modelling of the seafloor based on 2-D video data and a reference scale can be used to compute subtransect dimensions. Focussing on the length of the subtransect, the data obtained from 3-D models created with the software PhotoModeler Scanner are compared with those determined from underwater acoustic positioning (ultra short baseline, USBL) and bottom tracking (Doppler velocity log, DVL). 3-D model building and scaling was successfully conducted on all three tested set-ups and the distortion of the reference scales due to substrate roughness was identified as the main source of imprecision. Acoustic positioning was generally inaccurate and bottom tracking unreliable on rough terrain. Subtransect lengths assessed with PhotoModeler were on average 20% longer than those derived from acoustic positioning due to the higher spatial resolution and the inclusion of slope. On a high relief wall bottom tracking and 3-D modelling yielded similar results. At present, 3-D modelling is the most powerful, albeit the most time-consuming, method for accurate determination of video subtransect dimensions.