Following projects are selected for the research profile area Interaction between Legal systems:
'Dutch criminal courts in an area of tension: The dissimilarities between the legality principle in Dutch law and the requirement of interpretation in conformity with European legislation’.
Liberalisation is often connected to immense changes of the socio-economic fabric of societies, especially when it forms part of austerity agendas in times of economic crises.
The proposed research deals with the (insufficient) enforcement of competition law in the Netherlands.
Specific legacies are an important and commonly used form of testamentary disposition. In many cases their purpose is purely within the realm of civil law (ensuring that a certain item of property or amount of money goes to a certain individual), but specific legacies can also be used to create all kinds of taxrelated structures.
Is the single currency Europe's Achilles heel? - A study into the legal feasibility of the EU's solutions to the Euro-crisis - Vestert Borger
The European Union is currently firmly in the grip of the monetary crisis. An emergency financial stability mechanism has already been set up to rescue Member States in financial difficulties.
Regionalism and international criminal law – exploring the Latin-American approach - Hanna Bosdriesz
This research focuses on the (possible) role of regionalism and regional actors in the development of international criminal law.
The Netherlands has become a leading country in Europe as far as the use of pre-trial detention of juveniles is concerned.
Detection, detention and deportation: an interdisciplinary study into the drivers of crimmigration - Jelmer Brouwer
Based on an interdisciplinary study of migration controls, the aim of this research is to identify who and what drives the crimmigration process.
Many existing bilateral tax treaties are based on the tax treaty framework developed by the Organisation for Economic Co-operation and Development (OECD).
Selection and Scrutiny in Border Control: Exploring the Legitimacy, Efficiency and Effectiveness of Frontline Discretionary Decision-making - Tim Dekkers
Discretionary power – the space between legal rules in which decisions cannot be readily standardized and legal actors may exercise choice – resides at all levels of criminal justice organizations.
The budgetary right of the Dutch Parliament in an increasingly complex and Europeanized context - Michal Diamant
The budgetary right of Parliament is one of the oldest parliamentary rights. In recent years this right of the Dutch parliament seems to have been compromised both at a national and a European level.
This NWO-funded Vidi project investigates whether and how a contemporary jus post bellum may facilitate greater fairness and sustainability in conflict termination and peacemaking.
Freedom of movement of children in a multilevel jurisdiction: the European approach to the child’s best interests - Simona Florescu
In recent years the ‘child’s best interests’ became an omnipresent concept in all cases involving children. It is highlighted as a general principle in legislative instruments as well as in national and international case-law.
Who’s watching the watchmen? Effective legal protection against human rights violations by EU agencies in the field of migration | Mariana Gkliati
The PhD research focuses on the legal protection of individuals for human rights violations in the area of asylum and migration attributed to the EU agencies Frontex, Europol, LISA, and EASO.
In practice, parties and courts are often confronted with a patchwork of different applicable rules. Increasingly, those rules stem from different sources: national, European, international law. Within private law, these differences may have serious consequences. One regime may be more advantageous to the claimant, while the other protects the interests of the defendant. How should parties and courts handle these conflicts?
Regulatory authorities are increasingly being charged with the enforcement of important parts of civil law.
Under public law, the violation of a statutory provision makes one liable to prosecution or may result in a fine. Under private law, such a violation may be invoked as a ground for liability for damage caused by that violation. This requires, however, the establishment of ‘relativiteit’ (Schutznorm doctrine, relativité aquilienne).
Conflicts that arise between several rights in rem are traditionally settled by the prior tempore potior iure- rule.
EU data sharing agreements in the law enforcement field: re-defining the applicable data protection standard - Iryna Ievdokymova
As the technology develops and the possibilities of sharing personal data between various actors grow, it becomes ever more difficult to be in control of who processes your data and for what purposes.