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The first ILS Lunch Seminar of 2019 with Beryl ter Haar and Yannick van den Brink

The ILS Lunch seminars bring colleagues and students from Leiden Law School together, providing an informal setting to hear what researchers from other research programs and institutes are working on. On Thursday 14 February, the first edition of the ILS Lunch Seminar series of 2019 takes place. This month, Beryl ter Haar and Yannick van den Brink will present their current research.

Beryl ter Haar, Assistant Professor at the department of Labour Law, will give the first presentation on a paper she wrote together with Antonio García-Muñoz Alhambra and Attila Kun on “The Prospect of a Transnational Labour Inspectorate System: Harnessing Public Institutions for Labour Law Enforcement”. In this presentation, ter Haar will explain the role of public institutions on the monitoring of transnational private instruments with an impact in the (transnational) regulation of labour, focusing specifically on the International Labour Organization (ILO). 

The second presentation will be given by Yannick van den Brink, Assistant Professor at the department of Child Law, on “Pre-Trial Detention Decision-Making in The Dutch Juvenile Justice System”. In 2009 and 2015, the UN Committee on the Rights of the Child expressed its concern regarding the use of pre-trial detention of juveniles in the Netherlands and urged the Dutch government to live up to the principle that pre-trial detention shall be used only as a last resort and for the shortest possible period. Based on the analyses of van den Brink's research findings, he willl conclude that efforts at both the international and national level are required to bring the use of pre-trial detention of juveniles in accordance with the children’s rights framework.

More information on the presentations can be found in the abstracts underneath. This ILS Lunch Seminar takes place on Thursday 14 February 2019 from 12:00 – 13:00 hrs. in KOG B0.13. Lunch is provided at the monthly seminars and there is no need to register, just join! Please contact Daila Gigengack to sign up as a speaker at an ILS lunch seminar or visit our website for more news on ILS 2.0.

The Prospect of a Transnational Labour Inspectorate System: Harnessing Public Institutions for Labour Law Enforcement
by Beryl ter Haar, Antonio García-Muñoz Alhambra, Attila Kun

The aim of our paper is to explore the role of public institutions, namely the ILO, on the monitoring of transnational private instruments with an impact in the (transnational) regulation of labour, such as the Codes of conduct of MNEs and Global Framework Agreements. These instruments, that appeared in the last decades in an attempt to fill in the regulatory gap between national labour law regulations and supranational economic actors performing in global and supranational markets, have developed over the years in different forms and with different contents, but they all raise questions about their monitoring, control and impact. In 2013 we introduced the idea of a Transnational Labour Inspectorate to monitor and control these instruments. In this paper we will further elaborate this idea. First we evaluate the role of public institutions in general and that of the ILO in particular. Second we describe a few recently introduced transnational monitoring initiatives, which are used as inspiration for our third part in which we will further develop our idea for a Transnational Labour Inspectorate. In the conclusions, we take a more reflective approach on our proposal bringing the three parts together in order to make our proposal as feasible as possible.

Pre-Trial Detention Decision-Making in The Dutch Juvenile Justice System
by Yannick van den Brink

In 2009 and 2015 the UN Committee on the Rights of the Child expressed its concern regarding the use of pre-trial detention of juveniles in the Netherlands and it urged the Dutch government to live up to the principle that pre-trial detention shall be used only as a last resort and for the shortest possible period (cf. Art. 37(b) UN Convention on the Rights of the Child).

Van den Brink’s PhD research analysed the use of pre-trial detention in the Dutch juvenile justice system, through normative and qualitative empirical research methods. Observations during pre-trial court hearings at five youth courts (N=225) and in-depth interviews with judges and other professional actors (N=71) have been conducted to analyse the judicial decision-making process. Moreover, together with colleagues, he conducted a second, more quantitative empirical study in which data have been collected from juvenile court casefiles (N=250) at three youth courts. These data have been used to conduct multivariable regression analyses to find out which factors significantly correlate with the outcomes of juvenile pre-trial detention decisions and to what extent juvenile pre-trial detention decisions relate to the final case dispositions.

Based on the analyses of the research findings, it will be concluded that efforts at both the international and national level are required to bring the use of pre-trial detention of juveniles in accordance with the children’s rights framework.

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