Other Research Projects

Abstract

In order to make individualization possible, the Belgian criminal judge enjoys great discretionary power in sentencing and the execution of sentences. Recently, increasing importance has been attached to the person of the offender and his personal improvement. However, a great lack of clarity remains about how and in which way the judge gives substance to this in practice. The combination of great judicial freedom and a lack of knowledge about the interpretation of this freedom is untenable in the light of the consistency of jurisprudence, legal certainty and procedural justice. This PhD aims to address this issue by conducting comprehensive research on the role of recognition of responsibility, remorse and apologies in judge's decision-making in sentencing and the allocation of execution modalities. In doing so, the study will try to outline the current Belgian legal framework (law in the books) and its application in practice (law in action). Insights will also be gained into the meaning of these subjective concepts. Finally, the desirability of the current Belgian situation will be assessed in view of the above mentioned principles. In order to obtain a full overview, the classical legal method, consisting of an analysis of legislation, case law and legal doctrine, and the legal comparison with the Netherlands will be supplemented with empirical research and interdisciplinary research regarding legal psychology.

Researcher(s)

• Promoter: Rozie Joëlle
• Fellow: Verdickt Maartje

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Despite the wealth that a large proportion of our society is living in, many European households are unable to repay their debts. Their creditors might find themselves in an equally difficult position as they need payment to avoid getting into debt themselves. Debt collectors take full advantage of this and proceed to consumer debt collection at high costs. This leads to an accumulation of debt costs which in turn pushes the debtor into a negative spiral of escalating debts and ultimately into poverty. The urgent need to stop this negative spiral has been expressed by legal scholars and practitioners in many European jurisdictions. The current legislative approach is insufficient and fragmented. In times where debts are on the rise due to the pandemic, SUSTDEBT answers the compelling call for action. Sustainable debt collection pays attention to both efficiency and ethical concerns. SUSTDEBT takes a bifold approach to appropriately address the multiple challenges of consumer debt collection. First, starting from a fundamental rights analysis, combined with insights stemming from comparative law and an empirical study, SUSTDEBT will define and conceptualise efficient and ethical debt collection. Secondly, the project will put forward guidelines to shape a new sustainable debt collection process. Both outcomes will contribute significantly to the elaboration of an efficient and ethical debt collection approach in Belgium and the EU.

Researcher(s)

• Promoter: Vanlerberghe Beatrix
• Co-promoter: Rutten Stefan
• Co-promoter: Vandenhole Wouter
• Co-promoter: Vanmeenen Melissa

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

More than physical burdening Mensura strives towards a safe and healthy workplace for every employee. Together we will study and put a lot of efforts on work-out prevention. Dr. Gretel Schrijvers, general director of Mensura: "Employees should learn to work safely with machines, equipment and chemical products. Ergonomical work places and methodologies are also required. But is much more than physical burdening. Well-being at work also covers unacceptable behaviour, prevention of stress and re-integration of disabled employees. This chair on safety and security provides the students a multidisciplinary education and training in close relation to the work field.

Researcher(s)

• Promoter: Lenaerts Silvia
• Promoter: Reyniers Kelly

Research team(s)

• Law Enforcement

Project type(s)

• Research Project
• Education Project

Abstract

Safety is our top priority The industrial federation of the chemical sector, essencia, is convinced that the safety professional of tomorrow has a broad education and training in order to handle the challenges of our current society. Frank Beckx: "Safety is an absolute top priority in chemistry and life sciences. Not only in industrial processes, but also in the broader sense concerning the chemical plant, transport of people, products and commodities or crisis management in case of incidents. This specialised training with a multidisciplinary approach on safety and security offers students a lot of job opportunities in international companies as well as SME's in the chemistry and life sciences sector.

Researcher(s)

• Promoter: Lenaerts Silvia
• Promoter: Reyniers Kelly

Research team(s)

• Law Enforcement

Project type(s)

• Education Project
• Research Project

Abstract

Country report on psychosocial risks at work in Belgium The aim of this study is to provide a concise overview of legislation regarding psychosocial risks (including scope and measures) and collective labour agreements

Researcher(s)

• Promoter: Reyniers Kelly

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Criminal and migration law and policy are increasingly intertwined, resulting in tension between the two jurisdictions. Even though various legislative amendments have been implemented, no comprehensive investigation has ever been conducted into the criminal and administrative position of the foreign national in the event of a criminal conviction in Belgium. This PhD will investigate which punishments, modalities of punishment and modalities of execution criminal judges (can) impose on foreigners residing legally or illegally in Belgium. In addition, this research will examine the influence of a criminal conviction on the possibility of refusal or withdrawal of residence resulting in expulsion, and on the acquisition and withdrawal of Belgian citizenship. Furthermore, this PhD will identify and analyse the relevance of overarching legal rules and general principles governing this legal position, and evaluate Belgian legislation and practice in this regard. Besides, this research aims to clarify to what extent the fact that expulsion and citizenship withdrawal decisions are taken by the administration as opposed to a criminal court influences the degree of legal protection of the foreign national and the conformity of these decisions with overarching rules and principles. This research will be based upon legislation, case law and empirical data. An integrated legal comparison will be made with France and Switzerland.

Researcher(s)

• Promoter: Rozie Joëlle
• Co-promoter: Vanheule Dirk
• Fellow: Vandennieuwenhuysen Ellen

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The aim of the project is to create and apply a set of criteria used to determine depenalisation.The "Taxation-tool on criminality" will be used as a starting point. The reform of the Belgian Penal Code will be taken into account. An intra- and interdisciplinary scientifc team with expertise in criminal law, administrative law and criminlogy will do the research.

Researcher(s)

• Promoter: Rozie Joëlle
• Co-promoter: Opdebeek Ingrid

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The project relates to the procedural justice in Online Dispute Resolution (ODR). ODR was heralded as a solution for certain classes of disputes that were not otherwise appropriately addressed, and as a means for introducing efficiency and new qualities into the practice of dispute resolution, such as optimization of win-win solutions. The question is, has ODR actually delivered on those promises? To answer this question, a critical look at the current ODR landscape is needed. A litmus test for the quality of ODR mechanisms of today is their delivery of procedural justice. Relying on the existing practices, this project aims to explore the ways to ensure procedural justice in three most common ODR processes presently, namely online negotiation, mediation and arbitration. The project will follow a multi-method methodology and will combine doctrinal analysis with empirical research. It will start by examining the notion of procedural justice in ODR and how it can be measured. The empirical part of the project will involve mapping the existing and active ODR providers globally (the amount of which is not expected to exceed one hundred) and exploring how they ensure procedural justice in online negotiation, mediation and arbitration. Finally, relying on the collected doctrinal and empirical data, the project will evaluate the key criteria for ensuring procedural justice in online negotiation, mediation and arbitration. By examining the issue of the procedural justice in ODR, the project will partially fill the existing void within the academic research on the implications of technology for procedural justice theory. By mapping active ODR providers globally and identifying ODR processes that they provide, the project will remedy the current absence of any up-to-date information on these issues. Thereby, the project will make a significant and original contribution to the growing body of literature on ODR. In addition, it will help increase awareness of the general public about the ways ODR providers ensure procedural justice in online negotiation, mediation and arbitration. ODR providers can benefit from the project's results by aligning their procedural justice standards with the identified key criteria. In this way, the project will boost the public's confidence in the fairness of the provided ODR processes, a paramount condition for the development of ODR in the future.

Researcher(s)

• Promoter: Rutten Stefan
• Co-promoter: Nigmatullina Dilyara
• Co-promoter: Vanlerberghe Beatrix
• Fellow: Beretta Rachele

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The project contributes directly to the call priorities, namely effective and coherent implementation of Directive 2016/343, as well as Directives 2013/48/EU and 2016/1916 (among others). The project will examine, legally and empirically, the issues surrounding the implementation of RTS and other relevant rights, such as the right of access to a lawyer/legal aid, to information and access to material evidence, or the procedural guarantees for vulnerable suspects, in the context of pre-trial suspect interrogations in four selected EU MS: Belgium, Ireland, Italy and the Netherlands. The countries were selected to ensure variety in the legal procedural systems and geopolitical situation. Subsequently, a comparative analysis will be carried out, leading to the identification of mechanisms and factors, which influence the implementation of the above-mentioned provisions. Best practices in effectuating these provisions in the daily practice of judicial actors will be identified. There exists a gap in the knowledge necessary for the effective transposition of RTS in pre-trial proceedings in the laws of Member States. This project aims to address the above-mentioned gaps. Additionally, it aims to contribute to a more evidence-based policy discourse around the RTS on the EU level, and more importantly in the individual Member States. RTS is one of the most politically debated procedural rights, the very rationale of which is sometimes brought into question (e.g., in respect of suspects of terrorism or organised crime). At the same time, the 5 discourse on RTS is often dominated by untested and generalised assumptions, such as that "only the guilty remain silent" or that "RTS prevents effective investigations." This project will provide reliable and robust empirical data on the practical implementation of RTS, with the view to improving the quality of the relevant discourse.

Researcher(s)

• Promoter: Vanderhallen Miet
• Co-promoter: Rozie Joëlle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

This research project concerns the question of the current role of the Belgian Supreme Court, also in the light of the judicial dialogue with other (European) supreme courts, and what this role should ideally be. In order to answer the main research question, the research starts with an analysis of the legislation and doctrine on the current role and functioning of the Belgian Supreme Court, also in the light of the interaction of other (European) supreme courts, such as the Constitutional Court, the European Court of Justice and the European Court of Human Rights. A similar analysis will be carried out for the French, the Dutch and the German supreme court. From this classical legal and comparative law research, a general theoretical framework can be outlined on the role and functioning of the supreme courts mentioned above. Furthermore, the research project aims to investigate how the judicial dialogue between the supreme courts mentioned above (national versus European) takes place in practice and what the influence of this dialogue is on national case law. On the basis of a case study of judgments from the court of cassation in Belgium, France, the Netherlands and Germany, it will be assessed to what extent the supreme courts deal with the case law of the (European) supreme courts. Three formal instruments of judicial dialogue will be used as a starting point: (1) the preliminary ruling procedure, (2) implicit and explicit reference to case law of other courts and (3) the motivation of judicial decisions. From the theoretical framework, an attempt will further be made to draw up a list of measures, implemented or not, formulated to reform the specific supreme court . The theoretical framework, the analysis of case law and the drawn up list will subsequently form the basis of empirical research, in which the role of the Belgian Supreme Court will be tested against the findings of the magistrates and lawyers from practice. Finally, this multi-methodological study will attempt to formulate recommendations in order to push the current role of the Belgian Supreme Court in the direction of the role it should ideally fulfil in practice, also in order to function as an ideal interlocutor in a layered legal landscape.

Researcher(s)

• Promoter: Rutten Stefan
• Co-promoter: Vanlerberghe Beatrix

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

This study is part of the audit 'Medical operational support and occupational medicine' that was conducted at the request of the Minister of Defence, as part of the 'Strategic Vision for Defence'. The audit consists of two parts – the medical operational support on the one hand (including the military hospital) and the organization of occupational medicine on the other – and nine research questions. In order to provide a substantiated answer to all questions, a multidisciplinary study is required. The legal questions are the following:  Evaluation of the proposal to rationalize and optimize occupational medicine within Defence, through a broader co-operation with internal and external partners (such as IDPBW (Internal Department for Prevention and Protection at Work), EDPBW (External Department for Prevention and Protection at Work), other Federal Public Service Departments, …), with the purpose to ensure qualitative occupational medicine in a more cost efficient manner, adapted to the operational needs of Defence and taking into account the specific characteristics of the military profession.  Determining the legal adjustments that are required to realize the proposals regarding rationalization.

Researcher(s)

• Promoter: Van Regenmortel Anne
• Co-promoter: Van Puyvelde Ilse

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Effective justice systems play a crucial role for upholding the rule of law and the European Union's fundamental values. Quality, independence and efficiency are some of the essential parameters of an 'effective justice system' and are used in the EU Justice Scoreboard to analyze the functioning of all EU Member States' judicial systems. Being the cassation court, the Supreme Courts' essential task is to safeguard legal certainty and legal uniformity and to contribute to the development of law. Supreme Courts are thus a key factor in an effective justice system. Since the Supreme Courts act as Union courts when applying EU law, they also play an important role in the process of coherent application of EU law. Together with the Supreme Court of Latvia, Hungary, Lithuania and Spain, as well as with the University of Ljubljana, the University of Antwerp analyzes the performance of the Supreme Courts in the European Union. The research project focuses on the following questions, all related to the management of the Supreme Courts: 1. How can (Supreme) Courts contribute to legal certainty , consistency and transparency of the law? Embedded within this first research question is the sub-question how to enhance the institutional capacity of Supreme Courts' research and documentation units, which are generally charged with the twofold task of analytical overview of the Supreme Courts case law, as well as in assisting the judges with research. Particular attention will be paid to the research and documentation units' contribution to the correct implementation of EU law. 2. How can the (Supreme) Courts' management be improved and backlogs be reduced in order to guarantee an effective and timely protection of rights? The research will concentrate on best practices in Member States to improve the functioning of the management systems of (Supreme) Courts, with particular attention being paid to streamlined case handling and in-house coordination. 3. How can the (Supreme) Courts' communication strategies with the public be improved? This priority is aimed both at communication with the parties (access of the parties to the case file) and with the general public (information and education of the public). 4. What is the role of the Supreme Courts in the work of the national Councils of Judiciary? More broadly the research project will make a SWOT analysis of the Councils for the Judiciaries' as a crucial actor for enhancing and sustaining the quality of the judicial system. In order to gather and collect the best practices for managing Supreme Courts, the state of the art of the existing research will be established. This desk research will be supplemented by empirical research. A survey has been sent to all Supreme Courts of the European Union. Together with the information collected during study visits, case studies and the desk research, the information of the surveys will be analyzed and used to prepare this best practice guide for managing Supreme Courts. Better court management and the improvement of the transparency of the Supreme Courts' work will not only lead to more efficient case handling, but will also raise trust of civil society and improve the image of Supreme Courts as reliable and user-friendly institutions. The smooth assignment and quicker examination of cases will also lead to better implementation of EU law. By drafting a best practice guide for managing Supreme Courts this research project aims to increase the administrative and judicial capacity of the Supreme Courts and thus increasing the effectiveness of judicial systems. This best practice guide will be presented and distributed to all Supreme Courts of the European Union in April 2017 and will be a useful tool for Supreme Courts to improve their management.

Researcher(s)

• Promoter: Rutten Stefan
• Co-promoter: Hubeau Bernard
• Co-promoter: Popelier Patricia

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

In this project, quantitative data will be collected among parents of a child that was internationally abducted. This quantitative data collection is financed by the European Commission and consists of a collaboration between Child Focus (Belgium), the Dutch Centrum Internationale Kinderontvoering (Centrum IKO, the Netherlands), and the Centre Français de Protection de l'Enfance - Enfants Disparus (CFPE, France), Missing Children Europe (MCE, the European umbrella organization for missing children) and the University of Antwerp. Data will be collected in the period September-October 2016 and form a population-based source of information on socio-demographic, individual, familial and social characteristics of abducting and left-behind parents and their children. Furthermore, qualitative interviews will be conducted among adolescents that were abducted.

Researcher(s)

• Promoter: Ponnet Koen
• Co-promoter: Kruger Thalia
• Co-promoter: Vandenhole Wouter

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The overall project's goal is to contribute to the effective implementation of the Directives 2010/64/EU on the right to interpretation and translation, 2012/13/EU on the right to information, 2013/48/EU on the right of access to a lawyer. It will be achieved through the development of a training program for lawyers on the day-to-day facilitation of suspects' procedural rights. The program will consist of practitioner training modules and a "train the trainer" (TTT) guide. The training focuses on pre-trial proceedings, because the Directives will mostly affect these procedural stages in the MS. It targets lawyers, as their role at pre-trial stages will expand greatly after the Directives' transposition. For example, lawyers will be expected to actively defend suspects' rights at police interrogations, which in most MS was not part of their role. However, a large part of the program will also be suitable for training police, judges and prosecutors. The objectives are: 1. Develop a training program for lawyers as described above, and pilot it in four EU countries: BE, HU, IE and NL 2. Advocate for practice-oriented training on facilitating suspects' rights in pre-trial proceedings to become part of professional training curricula for criminal lawyers in EU MS 3. Contribute to the exchange of best practices on facilitating the rights envisaged in the Directives among lawyers across the EU 4. Promote joint training of professionals involved in the delivery of suspects' rights at pre-trial stages to foster their cooperation in the application of the Directives. The project consists of 6 phases: 1. Develop European training modules to include knowledge-oriented (KO) and skills-oriented (SO) modules. KO modules will cover: the content and interpretation of the Directives (e.g. in view of ECtHR case law); roles/obligations of the relevant actors implied in the Directives; "best practices" in facilitating suspects' rights identified through empirical research. SO modules will train critical skills needed to facilitate procedural rights (e.g. to inform vulnerable suspects about their rights). 2. Develop a TTT guide on the use of these modules 3. Adjust the training program for national use in BE, IE, HU and NL 4. Train the trainers involved in lawyers' training in BE, IE, HU and NL (with participation of police, judges' and prosecutors' trainers) 5. Pilot the training modules in BE, IE, HU and NL. Parts of the training will be attended by police, prosecutors and/or judges to test the joint training design 6. Present/disseminate the training program to professional (training) organizations of lawyers and other stakeholders EU-wide

Researcher(s)

• Promoter: Vanderhallen Miet
• Co-promoter: Rozie Joëlle

Research team(s)

• Law Enforcement

Project website

Project type(s)

• Research Project

Abstract

This project represents a formal service agreement between UA and on the other hand APR. UA provides APR research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Traest Michael

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The vulnerability of the juvenile suspect is greatest when being interrogated by investigative authorities in criminal proceedings. The vulnerable position of suspected or accused minors is recognised in several supranational instruments such as the UN Convention on the Rights of the Child and by the European Court of Human Rights. However, across the European Union there is direct need for harmonisation of rules and safeguards to strengthen the effective protection of these young suspects. Maastricht University, in collaboration with its partners: Antwerp University, Defence for Children, Jagiellonian University, Macerata University, PLOT Limburg and Warwick University is currently carrying out a two year research project 'Protecting young suspects in interrogations', which aims to contribute to this harmonisation. The goal of the project is to gain insight into existing legal procedural safeguards and practice, ultimately identifying best practices. The project team strives to draft proposals for EU wide minimum rules and safeguards – providing effective protection for young suspects during interrogation. It is hoped that the outcome of the project will ultimately influence (European) policy-makers and custodial workforces. The research will be carried out in five European countries – Belgium, England and Wales, Italy, Poland and The Netherlands – and consists of three phases: A six-month legal comparative study into supranational safeguards, national legal provisions per targeted country and transversal analysis – resulting in publication 1 A one-year empirical study, consisting of observations of (video)taped interrogations of juveniles and focus group interviews – resulting in transversal analysis of good practices A six-month merging of legal and empirical results, establishing minimum rules recommendations and proposal for best practices – resulting in publication 2

Researcher(s)

• Promoter: Meese Joachim

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

This project represents a research agreement between the UA and on the onther hand IWT. UA provides IWT research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Van Eecke Patrick

Research team(s)

• Law Enforcement

Project website

Project type(s)

• Research Project

Abstract

The purpose of this project is to continue my research on the exact delimitation between European and national rules of private international law (PIL). This was the topic of my PhD thesis (2005). Since that time, questions concerning the relation between European and national rules have remained pertinent, even increasingly so. In the first place I would like to collect Belgian case law in which EU legislation on private international law is applied, and assemble this in a database. In the first phase it would be preferable to keep the database internal, and it can be made public at a later stage. In 2003 the Katholieke Universiteit Leuven had set up a website to make public Belgian case law in which European PIL rules were applied. At that time I was working as a teaching and research assistant at that University. The current Institute of Private International Law has however decided to no longer maintain the database, and to terminate the registration of the domain name. They are prepared to transfer the domain name to me. It seems desirable at this stage to update and expand the database. Belgium has no all-encompassing central database containing (published and unpublished) case law, while other countries do have such an instrument. The setting up of a database containing PIL case law will be useful for practicing lawyers and for academic researchers in Belgium and abroad. The addition of English summaries will make the case law accessible to a larger public. The database will then be able to contribute to the uniform interpretation of the European legal instruments: the process of making PIL rules uniform in the EU is undeniably linked to the correct and uniform application of those rules in practice (eg by courts). For the collection of the case law and the input in the database, it is necessary to call upon the assistance of job students. Besides the database, I would like to attend to a conference on PIL in April 2011 (and possibly also other conferences) and to buy books relevant for my research.

Researcher(s)

• Promoter: Kruger Thalia

Research team(s)

• Law Enforcement
• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

This is a fundamental research project financed by the Research Foundation - Flanders (FWO). The project was subsidized after selection by the FWO-expert panel.

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Co-promoter: De Smet Bart
• Fellow: De Bock Emmanuelle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The study examines 'the role of the statement by a cooperative suspect (guilty/innocent) in Belgian criminal cases' from a legal perspective (evidential value) as well as a psychology and law and a sociology and law perspective(stimulation of cooperation) . The study concerns (1) a legal analysis and literature screening and (2) a field study consisting of a combination of quantitative (questionnaires, case analysis) and qualitative methods (semi-structured interviews).

Researcher(s)

• Promoter: Rozie Joëlle
• Co-promoter: Hubeau Bernard
• Co-promoter: Vanderhallen Miet

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Lately, the legal doctrine is beginning to question the pure public or "governmental" approach to penal law, in which the offender is held accountable by society, the state or one of their many representatives. The reason for this approach is as follows: the laws or rules, which the offender has infringed, are instated and upheld by society. On the other hand, falling victim to a crime is an entirely private matter: the victim often experiences feelings of fear, loss, incertitude, etc. These emotions pertain strictly to the "private" or "individual" sphere. Nowadays, this private aspect does indeed influence the penal procedure in many ways. For example, penal (procedural) law often attempts to involve the victim in the proceedings. Is this a good idea?

Researcher(s)

• Promoter: Rozie Joëlle
• Fellow: Verhelst Stephanie

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

This is a fundamental research project financed by the Research Foundation - Flanders (FWO). The project was subsidized after selection by the FWO-expert panel.

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Co-promoter: Rozie Joëlle
• Fellow: Dewulf Steven

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

It is necessary to come to a common idea about the gravity of the offence in order to make the Belgian legal criminal system less irrational. There is also a large scale of modalities of punishment. Meanwhile, there is a world of difference between judgments in similar cases. As far as the sentencing system is concerned, there is a crying need for more consistency and less irrationality. The project aims at studying this evolution and at formulating concrete proposals.

Researcher(s)

• Promoter: Rozie Joëlle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Co-promoter: De Smet Bart
• Fellow: De Bock Emmanuelle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Co-promoter: Rozie Joëlle
• Fellow: Dewulf Steven

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Co-promoter: Rozie Joëlle
• Fellow: De Bock Emmanuelle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

It is necessary to come to a common idea about the gravity of the offence in order to make the Belgian legal criminal system less irrational. There is also a large scale of modalities of punishment. Meanwhile, there is a world of difference between judgments in similar cases. As far as the sentencing system is concerned, there is a crying need for more uniformity and less irrationality. The project aims at studying this evolution and at formulating concrete proposals.

Researcher(s)

• Promoter: Rozie Joëlle

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Rozie Joëlle
• Co-promoter: Opdebeek Ingrid

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Elffers Henk
• Promoter: Vanderhallen Miet

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The law of the World Trade Organisation (WTO) is becoming a crucial component of national and international law for cross-border trade. A study on the substantive and institutional features of WTO law will highlight the ever-increasing repercussions of the WTO on the legal system. This project constitutes a first step towards the recognition of the UA as an acknowledged research center on WTO law.

Researcher(s)

• Promoter: Pertegas Marta

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Preliminary courts are used to verify whether there is a prima facie case against the defendant and also, in some states, to exclude illegally obtained evidence. This research project examines the advantages and disadvantages of pretrial courts: is a intermatiate procedure of the kind described an essential guarantee for the accused and for an efficient procedure, or is it, on the contrary, a time-consuming process that only prolonges the proceeding without improving the quality of the trial?

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Fellow: Vandromme Steven

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The European Union has recently been focusing on new political objectives such as the 'the European area of freedom, security and justice' and the quest for 'harmonisation' and 'mutual recognition. Meanwhile, a host of instruments have been adopted in various fields such as terrorism, traffic in human beings and in drugs, sexual exploitation of minors etc. As far as the sanctioning of these offences are concerned, there is a need for a ius commune concerning the seriousness of crime, because of the great importance of the gravity of crimes in the national penal systems. The project aims at studying this evolution and at formulating concrete proposals.

Researcher(s)

• Promoter: Van den Wyngaert Chris

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Pertegas Marta

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

Preliminary courts are used to verify whether there is a prima facie case against the defendant and also, in some states, to exclude illegally obtained evidence. This research project examines the advantages and disadvantages of pretrial courts: is a intermatiate procedure of the kind described an essential guarantee for the accused and for an efficient procedure, or is it, on the contrary, a time-consuming process that only prolonges the proceeding without improving the quality of the trial?

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Fellow: Vandromme Steven

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

States do not normally recognize criminal judgements rendered in other states. As a result, the same offender may be prosecuted multiple times for the same conduct. This study analyses the problem from two perspectives: the (lack of) efficency from the state's perspective, and the deficit in human rights protection.

Researcher(s)

• Promoter: Van den Wyngaert Chris
• Fellow: Ongena Tom

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

The enlargement of the European Union, which was decided during the European summit in Helsinki (1999), confronts the Union with the challenge of protecting its financial interests against fraud and corruption in the new candidate rnember states. This study analyses the legislation of the candidate member states with the purpose of answering two questions: are national legislations equipped to prosecute and punish fraud offences dornestically, and are they capable of ensuring international cooperation with other states in the fight against such offences?

Researcher(s)

• Promoter: Van den Wyngaert Chris

Research team(s)

• Law Enforcement

Project type(s)

• Research Project