Academic literature on the topic 'Arbitrators – Legal status, laws, etc. – Europe'

In the Russian Federation, there are categories of public and civil service positions that provide officials with certain legal immunities. These immunities protect their bearers from interference in their activities by external authorities. The President of the Russian Federation, members of the Federation Council, deputies of the State Duma, and judges are protected on the basis of the Constitution of the Russian Federation. Federal laws grant immunities to a significantly larger number of government officials and public servants. These include: the Commissioner for Human Rights in the Russian Federation, the President of the Russian Federation, who has terminated his powers, jurors, arbitrators, the Chair of the Court of Accounts, the Deputy Chair of the Court of Auditors, the auditors of the Accounts Chamber, prosecutors, the Investigative Committee staff, legislative (representative) deputies of the government bodies of the constituent entities of the Russian Federation, deputies, members of elected local government bodies, elected local government officials, registered candidates for the representative bodies of local self-government, and elected officials of local self-government in the Russian Federation. Separate elements of such protection are provided for certain categories of officials who are on duty: employees of the Federal Security Service of Russia, the Federal Guard Service of Russia, Rosgvardiya. The declared special procedure for detention (or its prohibition), bringing, record, search, etc., as well as the special procedure for bringing to administrative and criminal liability, is either absent at all or is incomplete, fragmented, and specific, without any reason, for each of the listed categories of persons. The obligation of the police to immediately release an these persons without any proceedings, explanations, or searches entails serious adverse and, most importantly, irreparable consequences. Particular attention should be paid to departmental rulemaking. The by-law must not be contrary to the law. Nevertheless, some administrative regulations, approved by orders of federal ministers, restrict the rights granted by laws. It is proposed to develop a unified procedure for special conditions for the application of coercive measures and administrative responsibility to these persons and its inclusion in the form of an independent chapter in the new code on administrative offenses. Based on a study of foreign legislation, the idea is expressed that it is undesirable to preserve the institution of immunity in Russian legislation, and it should be abolished for most entities.

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

Corruption is one of the main threats to the entire world community. The Russian Federation takes an active part in countering this negative phenomenon. This is expressed in anti-corruption cooperation at the level of international organizations, as well as in the adoption and further ratification of international legal acts. Russia is a member of the Commonwealth of Independent States (CIS), within which model laws are adopted, which created the preconditions for the formation of the most important anti-corruption institutions, which subsequently began to be introduced into the Russian legal system: anti-corruption expertise of legal acts, anticorruption monitoring, anti-corruption standards, anti-corruption programs, status reports corruption and implementation of anti-corruption policy measures, etc. The administrative and legal forms and methods of combating corruption in Russia are enshrined in federal laws, as well as in the laws of the constituent entities of the Russian Federation. The main form of countering corruption in Russia is government plans and programs. With regard to the field of functioning of the civil service in the Russian Federation, such an administrative and legal form as anti-corruption standards is actively developing, including a unified system of prohibitions, restrictions and permissions that ensure the prevention of corruption. Another important promising legal form of combating corruption in public administration is special administrative regulations related to ensuring the implementation of anti-corruption measures. In Belarus, a model of combating corruption is being implemented very similar to the Russian one. According to the legislation of the Republic of Belarus, public control is actively used in the fight against corruption. At the national level, special criteria for assessing the activities of state bodies and other organizations in the fight against corruption and economic offenses have been approved. One of the rather interesting anti-corruption measures used in Belarus is the payment of remuneration to an individual who contributed to the identification of corruption. The authors came to the conclusion that the de facto "ideal" model of combating corruption in the world simply does not exist. There are examples of individual countries that have indeed achieved significant results in the fight against corruption. Existing trends in domestic practice reflect a gradual shift away from the use of tough anti-corruption measures towards more flexible economic and administrative mechanisms, which are showing their effectiveness in some countries of Europe and Asia. It is important to continue working in this direction, to improve the legal and organizational foundations of combating corruption, and to gradually introduce effective anticorruption forms and methods into Russian practice. The authors declare no conflicts of interests.

Introduction Since at least the work of van Gennep in the early 1900s, anthropologists have recognised that borders and thresholds are crucial in understanding human behavior and culture. But particularly in the past few decades, the study of borders has moved from the margins of social inquiry to the centre. At the same time, fashion (Entwistle), including clothing and skin (Bille), have emerged as crucial to understanding the human condition. In this article, we draw on and expand this literature on borders and fashion to demonstrate that the way Indonesians fashion and display their body reflects larger changes in attitudes about morality and gender. And in this, borders and thresholds are crucial. In order to make this argument, we consider three case studies from Indonesia. First, we discuss the requirement that policewomen submit to a virginity test, which takes the form of a hymen inspection. Then, we look at the successful campaign by policewomen to be able to wear the Islamic veil. Finally, we consider reports of Makassar policewomen who attempt to turn young people into exemplary citizens and traffic 'ambassadors' by using downtown crosswalks as a catwalk. In each of these three cases, fashioned borders and thresholds play prominent roles in determining the expression of morality, particularly in relation to gender roles. Fashion, Thresholds, and Borders There was once a time when social scientists tended to view clothes and other forms of adornment as "frivolous" or trivial (Entwistle 14; 18). Over the past few decades, however, fashion has emerged as a serious study within the social sciences. Writers have, for example, demonstrated how fashion is closely tied up with identity and capitalism (King and Winarnita). And although fashion used to be envisaged as emerging from London, New York, Paris, Milan, and other Western locations, scholars are increasingly recognising the importance of Asia in fashion studies. Whether the haute couture and cosplay in Tokyo or 'traditional' weaving of materials in Indonesia, studying fashion and clothes provides crucial insight into the cultures and societies of Asia (King and Winarnita). To contribute to this burgeoning area of research in Asian fashion, we draw on the anthropological classics, in particular, the concept of threshold. Every time we walk through a doorway, gate, or cross a line, we cross a threshold. But what classic anthropology shows us is that crossing certain thresholds changes our social status. This changing particularly occurs in the context of ritual. For example, walking onto a stage, a person becomes a performer or actor. Traditionally a groom carries his bride through the door, symbolising the transition to husband and wife (Douglas 115). In this article, we apply this idea that crossing thresholds is associated with transitioning social statuses (Douglas; Turner; van Gennep). To do this, we first establish a connection between national and personal borders. We argue that skin and clothes have a cultural function in addition to their practical functions. Typically, skin is imagined as a kind of social border and clothes provide a buffer zone. But to make this case, we first need to elaborate how we understand national borders. In the traditional kingdoms of Southeast Asia, borders were largely imperceptible or non-existent. Power was thought to radiate out from the ruler, through the capital, and into the surrounding areas. As it emanated from this 'exemplary centre', power was thought to weaken (Geertz 222-229). Rather than an area of land, a kingdom was thought to be a group of people (Tambiah 516). In this context, borders were irrelevant. But as in other parts of the world, in the era of nations, the situation has entirely changed in modern Indonesia. In a simple sense, our current global legal system is created out of international borders. These borders are, first and foremost, imagined lines that separate the area belonging to one nation-state from another. Borders are for the most part simply drawn on maps, explained by reference to latitude, longitude, and other features of the landscape. But, obviously, borders exist outside the imagination and on maps. They have significance in international law, in separating one jurisdiction from another. Usually, national borders can only be legally crossed with appropriate documentation and legal status. In extreme cases, crossing another nation's border can be a cause for war; but the difficulty in determining borders in practice means both sides may debate over whether a border was actually crossed. Where this possibility exists, sometimes the imagined lines are marked on the actual earth by fences, walls, etc. To protect borders, buffer zones are sometimes created. The most famous buffer zone is the Demilitarized Zone or DMZ, which runs along North Korea's border with South Korea. As no peace treaty has been signed between these two nations, they are technically still at war. Hostility is intense, but armed conflict has, for the most part, ceased. The buffer helps both sides maintain this cessation by enabling them to distinguish between an unintentional infringement and a genuine invasion. All this practical significance of borders and buffer zones is obvious. But borders become even more fascinating when we look beyond their 'practical' significance. Borders have ritual as well as practical importance. Like the flag, the nation's borders have meaning. They also have moral implications. Borders have become an issue of almost fanatical or zealous significance. The 2015 footage of a female Hungarian reporter physically attacking asylum seekers who crossed the border into her nation indicates that she was not just upset with their legal status; presumably she does not physically attack people breaking other laws (BBC News). Similarly the border vigilantes, volunteers who 'protect' the southern borders of the USA against what they see as drug cartels, apparently take no action against white-collar criminals in the cities of the USA. For the Hungarian reporter and the border vigilantes, the border is a threshold to be protected at all costs and those who cross it without proper documentation and process are more than just law breakers; they are moral transgressors, possibly even equivalent to filth. So much for border crossing. What about the borders themselves? As mentioned, fences, walls, and other markers are built to make the imagined line tangible. But some borders go well beyond that. Borders are also adorned or fashioned. For instance, the border between North and South Korea serves as a site where national sovereignty and legitimacy are emphasised, defended, and contested. It is at this buffer zone that these two nations look at each other and showcase to the other what is ideally contained within their own respective national borders. But it is not just national states which have buffer zones and borders with deep significance in the modern period; our own clothes and skin possess a similar moral significance. Why are clothes so important? Of course, like national borders, clothes have practical and functional use. Clothes keep us warm, dry, and protected from the sun and other elements. In addition to this practical use, clothes are heavily imbued with significance. Clothes are a way to fashion the body. They define our various identities including gender, class, etc. Clothes also signify morality and modesty (Leach 152). But where does this morality regarding clothing come from? Clothing is a site where state, religious, and familial control is played out. Just like the DMZ, our bodies are aestheticised with adornments, accoutrements, and decorations, and they are imbued with strong symbolic significance in attempts to reveal what constitutes the enclosed. Just like the DMZ, our clothing or lack thereof is considered constitutive of the nation. Because clothes play a role akin to geo-political borders, clothes are our DMZ; they mark us as good citizens. Whether we wear gang colours or a cross on our necklace, they can show us as belonging to something powerful, protective, and worth belonging to. They also show others that they do not belong. In relation to this, perhaps it is necessary to mention one cultural aspect of clothing. This is the importance, in the modern Indonesian nation, of appearing rapih. Rapih typically means clean, tidy, and well-groomed. The ripped and dirty jeans, old T-shirts, unshaven, unkempt hair, which has, at times, been mainstream fashion in other parts of the world, is typically viewed negatively in Indonesia, where wearing 'appropriate' clothing has been tied up with the nationalist project. For instance, as a primary school student in Indonesia, Winarnita was taught Pendidikan Moral Pancasila (Pancasila Moral Education). Named after the Pancasila, the guiding principles of the Indonesian nation, this class is also known as "PMP". It provided instruction in how to be a good national citizen. Crucially, this included deportment. The importance of being well dressed and rapih was stressed. In sum, like national borders, clothes are much more than their practical significance and practical use. This analysis can be extended by looking at skin. The practical significance of skin cannot be overstated; it is crucial to survival. But that does not preclude the possibility that humans—being the prolifically creative and meaning-making animals that we are—can make skin meaningful. Everyday racism, for instance, is primarily enabled by people making skin colour meaningful. And although skin is not optional, we fashion it into borders that define who we are, such as through tattoos, by piercing, accessorising, and through various forms of body modification (from body building to genital modification). Thresholds are also important in understanding skin. In a modern Indonesian context, when a penis crosses a woman's hymen her ritual status changes; she is no longer a virgin maiden (gadis) or virgin (perawan). If we apply the analogy of borders to the hymen, we could think of it as a checkpoint or border crossing. At a national border crossing, only people with correct credentials (for instance, passport holders with visas) can legally cross and only at certain times (not on public holidays or only from 9-5). At a hymen, only people with the correct status, namely one's husband, can morally cross. The checkpoint is a crucial reminder of the nation state and citizen scheme. The hymen is a crucial reminder of heteronormative standards. Crucial to understanding Indonesian notions of skin is the idea of aurat (Bennett 2007; Parker 2008). This term refers to parts of the body that should be covered. Or it could be said that aurat refers to 'intimate parts' of the body, if we understand that different parts of the body are considered intimate in Indonesian cultures. Indonesians tend to describe the aurat as those body parts that arouse feelings of sexual attraction or embarrassment in others. The concept tends to have Arabic and Islamic associations in Indonesia. Accordingly, for many Muslims, it means that women, once they appear sexually mature, should cover their hair, neck, and cleavage, and other areas that might arouse sexual attraction. These need to be covered when they leave their house, when they are viewed by people outside of the immediate nuclear family (muhrim). For men, it means they should be covered from their stomach to their knees. However, different Islamic scholars and preachers give different interpretations about what the aurat includes, with some opining that the entire female body with the exception of hands and face needs to be covered. That said, the general disposition or habitus of using clothes to cover is also found among non-Muslims in Indonesia. Accordingly, Catholics, Protestants, and Hindus also tend to cover their legs and cleavage, and so on, more than would commonly be found in Western countries. Having outlined the literature and cultural context, we now turn to our case studies. The Veil and Indonesian Policewomen Our first case study focusses on Indonesian police. Aside from a practical significance in law enforcement, police also have symbolic importance. There is an ideal that police should set and enforce standards for exemplary behaviour. Despite this, the Indonesia police have an image problem, being seen as highly corrupt (Davies, Stone, & Buttle). This is where policewomen fit in. The female constabulary are thought to be capable of morally improving the police force and the nation. Additionally, Indonesian policewomen are believed to be needed in situations of family violence, for instance, and to bring a sensitive and humane approach. The moral significance of Indonesia's policewomen shows clearly through issues of their clothing, in particular, the veil. In 2005, it became illegal for Indonesian policewomen to wear the veil on duty. Various reasons were given for this ban. These included that police should present a secular image, showcasing a modern and progressive nation. But this was one border contest where policewomen were able to successfully fight back; in 2013, they won the right to wear the veil on duty. The arguments espoused by both sides during this debate were reflective of geo-political border disputes, and protagonists deployed words such as "sovereignty", "human rights", and "religious autonomy". But in the end it was the policewomen's narrative that best convinced the government that they had a right to wear the veil on duty. Possibly this is because by 2013 many politicians and policymakers wanted to present Indonesia as a pious nation and having policewomen able to express their religion – and the veil being imbued with sentiments of honesty and dedication – fitted in with this larger national image. In contrast, policewomen have been unsuccessful in efforts to ban so called virginity testing (discussed below). Indonesian Policewomen Need to Be Attractive But veils are not the only bodily border that can be packed around language used to describe a DMZ. Policewomen's physical appearance, and specifically facial appearance and make-up, are discussed in similar terms. As such another border that policewomen must present in a particular (i.e. beautiful) way is their appearance. As part of the selection process, women police candidates must be judged by a mostly male panel as being pretty. They have to be a certain height and weight, and bust measurements are taken. The image of the policewoman is tall, slim, and beautiful, with a veil or with regulation cut and coiffed hair. Recognising the 'importance' of beauty for policewomen, they are given a monthly allowance precisely to buy make-up. Such is the status of policewomen that entry is highly competitive. And those who make the cut accrue many benefits. One of these benefits can be celebrity status, and it is not unusual for some policewomen to have over 100,000 Instagram followers. This celebrity status has led one police official to publicly state that women should not join the police force thinking it is a shortcut to celebrity status (Davies). So just like a nation trying to present its best self, Indonesia is imagined in the image of its policewomen. Policewomen feel pride in being selected for this position even when feeling vexed about these barriers to getting selected (Davies). Another barrier to selection is discussed in the next case study. Virginity Testing of Policewomen Our second case study relates to the necessity that female police recruits be virgins. Since 1965, policewomen recruits have been required to undergo internal examinations to ensure that their hymen is supposedly intact. Glossed as 'virginity' tests this procedure involves a two-finger examination by a health professional. Protests against the practice have been voiced by Human Rights Watch and others (Human Rights Watch). Pledges have also been made that the practice will be removed. But to date the procedure is still performed, although there are currently moves to have it banned within the armed forces. Hymens are more of a skin border than a clothing border such as that formed by uniforms or veils, but they operate in similar ways. The ‘feelable’ hymen marks an unmarried woman as moral. New women police recruits must be unmarried and therefore virgins. Actually, the hymen is not a taut skin border, but rather a loose connection of overlapping tissue and in this sense a hymen is not something one can lose. But the hymen is used as a proxy to determine a woman’s value. Hymen border control gives one a moral edge. A hymen supposedly measures a woman’s ability to protect herself, like any fortified geo-political border. Protecting one’s own borders gives the suggestion that one is able to protect others. A policewoman who can protect her bodily borders can protect those of others. Outsiders may wonder what being attractive, modest, but not too modest has to do with police work. And some (but by no means all) Indonesian policewomen wondered the same thing too. Indeed, some policewomen Davies interviewed in the 2010s were against this practice, but many staunchly supported it. They had successfully passed this rite of passage and therefore felt a common bond with other new recruits who had also gone through this procedure. Typically rites of passage, and especially the accompanying humiliation and abuse, engender a strong sense of solidarity among those who have passed through them. The virginity test seems to have operated in a similar way. Policewomen and the 'Citayam' Street Fashion Our third case study is an analysis of a short and otherwise unremarkable TV news report about policewomen parading across a crosswalk in a remote regional city. To understand why, we need to turn to "Citayam Fashion Week", a youth social movement which has developed around a road crossing in downtown Jakarta. Social movements like this are difficult to pin down, but it seems that a central aspect has been young fashionistas using a zebra crossing on a busy Jakarta street as an impromptu catwalk to strut across, be seen, and photographed. These youths are referred to in one article as "Jakarta's budget fashionistas" (Saraswati). The movement is understood in social media and traditional media sources as expressing 'street fashion'. Social media has been central to this movement. The youths have posted photos and videos of themselves crossing the road on social media. Some of these young fashionistas posted interviews with each other on TikTok. Some of the interviews went viral in June 2022 (Saraswati). So where does the name "Citayam Fashion Week" come from? Citayam is an outer area of Jakarta, which is a long way from from the wealthy central district where the young fashionistas congregate. But "Citayam" does not mean that the youths are all thought to come from that area. Instead the idea is that they could be from any poorer outer areas around the capital and have bussed or trained into town. The crosswalk they strut across is near the transport hub next to a central train station. The English-language "Fashion Week" is a tongue-in-cheek label mocking the haute couture fashion weeks around the world – events which, due to a wealth and class gap, are closed off to these teens. Strutting on the crosswalk is not limited to a single 'week' but it is an ongoing activity. The movement has spread to other parts of Indonesia, with youth parading across cross walks in other urban centres. Citayam Fashion Week became one of the major Indonesian public issues of 2022. Reaction was mixed. Some pointed to the unique street style and attitude, act, and language of the young fashionistas, some of whom became minor celebrities. The "Citayam Fashion Week" idea was also picked up by mainstream media, attracting celebrities, models, content creators, politicians and other people in the public eye. Some government voices also welcomed the social movement as promoting tourism and the creative industry. Others voiced disapproval at the youth. Their clothes were disparaged as 'tacky', reflecting deep divides in class and income in modern Jakarta. Some officials noted that they are a nuisance because they create traffic jams and loitering. Criticism also had a moral angle, in particular with commentators focused on male teens wearing feminine attire (Saraswati). Social scientists such as Oki Rahadianto (Souisa & Salim) and Saraswati see this as an expression of youth agency. These authors particularly highlight the class origins of the Citayam fashionistas being mostly from poorer outer suburbs. Their fashion displays are seen to be a way of reclaiming space for the youth in the urban landscape. Furthermore, the youths are expressing their own and unique version of youth culture. We can use the idea of threshold to provide unique insight into this phenomenon in the simple sense that the crosswalk connects one side of the road to the other. But the youth use it for something far more significant than this simple practical purpose. What is perceived to be happening is that some of the youth, who after all are in the process of transitioning from childhood to adulthood, use the crosswalk to publicly express their transition to non-normative gender and sexual identities; indeed, some of them have also transitioned to become mini celebrities in the process. Images of 'Citayam' portray young males adorned in makeup and clothes that are not identifiably masculine. They appear to be crossing gender boundaries. Other images show the distinct street fashion of these youth of exposed skin through crop tops (short tops) that show the belly, clothes with cut-out sections on various parts of the body, and ripped jeans. In a way, these youth are transgressing the taboo against exposing too much skin in public. One video is particularly interesting in light of the approach we are taking in this article as it comes from Makassar, the capital of one of Indonesia's outlying regions. "The Citayam Fashion Week phenomenon spreads to Makassar; young people become traffic (lalu lintas) ambassadors" (Kompas TV) is a news report about policewomen getting involved with young people using a crosswalk to parade their fashion. At first glance the Citayam Fashion Week portrayed in Makassar, a small city in an outlying province, is tiny compared to the scale of the movement in Jakarta. The news report shows half a dozen young males in feminine clothing and makeup. Aside from several cars in the background, there is no observable traffic that the process seems to interrupt. The news report portrays several Indonesian policewomen, all veiled, assisting and accompanying the young fashionistas. The reporter explains that the policewomen go 'hand in hand' (menggandeng) with the fashionistas. The police attempt to harness the creative energy of the youth and turn them into traffic ambassadors (duta lalu lintas). Perhaps it is going too far to state, but the term for traffic here, lalu lintas ("lalu" means to pass by or pass through, and "lintas" means "to cross"), implies that the police are assisting them in crossing thresholds. In any case, from the perspective we have adopted in this chapter, Citayam Fashion Week can be analysed in terms of thresholds as a literal road crossing turned into a place where youth can cross over gender norms and class barriers. The policewomen, with their soft, feminine abilities, attempt to transform them into exemplary citizens. Discussion: Morality, Skin, and Borders In this article, we have actually passed over two apparent contradictions in Indonesian society. In the early 2000s, Indonesian policewomen recruits were required to prove their modesty by passing a virginity test in which their hymen was inspected. Yet, at the same time they needed to be attractive. And, moreover, they were not allowed to wear the Muslim veil. They had to be modest and protect themselves from male lust but also good-looking and visible to others. The other contradiction relates to a single crosswalk or zebra crossing in downtown Jakarta, Indonesia's capital city, in 2022. Instead of using this zebra crossing simply as a place to cross the road, some youths turned it to their own ends as an impromptu 'catwalk' and posted images of their fashion on Instagram. A kind of social movement has emerged whereby Indonesian youth are fashioning their identity that contravenes gender expectations. In an inconsequential news report on the Citayam Fashion Week in Makassar, policewomen were portrayed as co-opting and redirecting the movement into an instructional opportunity in orderly road crossing. The youths could thereby transformed into good citizens. Although the two phenomena – attractive modest police virgins and a crosswalk that became a catwalk – might seem distinct, underlying the paradoxes are similar issues which can be teased out by analysing them in terms of morality, gender, and clothing in relation to borders, buffer zones, and thresholds. Veils, hymens, clothes, make-up are all politically positioned as borders worth fighting for, as necessary borders. While some border disputes can be won (such as policewomen winning the right to veil on duty, or disrupting traffic by parading one's gender-bending fashion), others are either not challenged or unsuccessfully challenged (such as ending virginity tests). These borders of moral encounter enable and provoke various responses: the ban on veiling for Indonesian policewomen was something to challenge as it undermined women’s moral position and stopped their expression of piety – things their nation wanted them to be able to do. But fighting to stop virginity testing was not permissible because even suggesting a contestation implies immorality. Only the immoral could want to get rid of virginity tests. The Citayam Fashion Week presented potentially immoral youths who corrupt national values, but with the help of policewomen, literally and figuratively holding their hand, they could be transformed into worthwhile citizens. National values were at stake in clothing and skin. Conclusion Borders and buffer zone are crucial to a nation's image of itself; whether in the geographical shape of one's country, or in clothes and skin. Douglas suggests that the human experience of boundaries can symbolise society. If she is correct, Indonesian nationalist ideas about clothing, skin, and even hymens shape how Indonesians understand their own nation. Through the three case studies we argued firstly for the importance of analysing the fashioning of the body not only as a form of border maintenance, but as truly at the centre of understanding national morality in Indonesia. Secondly, the national border may also be a way to remake the individual. People see themselves in the 'shape' of their country. As Bille stated "like skin, borders are a protective integument as well as a surface of inscription. Like the body, the nation is skin deep" (71). Thresholds are just as they imply. Passing through a threshold, we cross over one side of the border. We can potentially occupy an in-between status in, for instance, demilitarised zones. Or we can continue on to the other side. To go over a threshold such as becoming a policewoman, a teenager, a fashionista, and a mini celebrity, a good citizen can be constituted through re-fashioning the body. Fashioning one's body can be done through adorning skin with makeup or clothes, covering or revealing the skin, including particular parts of the body deemed sacred, such as the aurat, or by maintaining a special type of skin such as the hymen. The skin that is re-fashioned thus becomes a site of border contention that we argue define not only personal but national identity. Acknowledgment This article was first presented by Sharyn Graham Davies as a plenary address on 24 November 2021 as part of the Women in Asia conference. References BBC News. "Hungarian Camerawoman Who Kicked Refugees Charged." 8 Sep. 2016. 3 Oct 2022 <https://www.bbc.com/news/world-europe-37304489>. Bennett, Linda Rae. "Zina and the Enigma of Sex Education for Indonesian Muslim Youth." Sex Education 7.4 (2007): 371- 386. Bille, Franck. "Skinworlds: Borders, Haptics, Topologies." Environment and Planning D: Society & Space 36.1 (2017): 60-77. Davies, Sharyn Graham. "Skins of Morality: Bio-borders, Ephemeral Citizenship and Policing Women in Indonesia." Asian Studies Review 42.1 (2018): 69-88. Davies, Sharyn Graham, Louise M. Stone, and John Buttle. "Covering Cops: Critical Reporting of Indonesian Police Corruption." Pacific Journalism Review 22 (2016): 185-201. Douglas, Mary. "External Boundaries." In Purity and Danger: An Analysis of the Concepts of Taboo and Pollution. London: Routlege, 2002. 115-129. Entwistle, Joanne. "Preface to the Second Edition." In The Fashioned Body: Fashion, Dress and Social Theory. New York: Polity Press, 2015. 2-26. Geertz, Clifford. "Ideology as a Cultural System." In The Interpretation of Cultures. New York: Basic Books, 1973. 193-233. Human Rights Watch. "Indonesia: No End to Abusive ‘Virginity Tests’; Military, Police Claim Discriminatory Practice Is for ‘Morality Reasons." 22 Nov. 2017. 3 Oct. 2022 <https://www.hrw.org/news/2017/11/22/indonesia-no-end-abusive-virginity-tests>. King, Emerald L., and Monika Winarnita. "Fashion: Editorial." M/C Journal 25.4 (2022). Kompas TV. "Fenomena 'Citayam Fashion Week' Menular ke Makassar, Muda-mudi Ini Dijadikan Duta Lalu Lintas.” 29 July 2022 <https://www.kompas.tv/article/314063/fenomena-citayam-fashion-week-menular-ke-makassar-muda-mudi-ini-dijadikan-duta-lalu-lintas>. Leach, E.R. "Magical Hair." The Journal of the Royal Anthropological Institute of Great Britain and Ireland 88.2 (1958): 147-164. Parker, Lyn. "To Cover the Aurat: Veiling, Sexual Morality and Agency among the Muslim Minangkabau, Indonesia." Intersections 16 (2008). <http://intersections.anu.edu.au/issue16/parker.htm>. Saraswati, Asri. Citayam Fashion Week: The Class Divide and the City. 2 Aug. 2022. 3 Oct. 2002 <https://indonesiaatmelbourne.unimelb.edu.au/citayam-fashion-week-class-divide-and-the-city/>. Souisa, Hellena, and Natasya Salim. "At Citayam Fashion Week, Jakarta's Budget Fashionistas Get Their Turn on the Catwalk." ABC News 7 Aug. 2022. 3 Oct 2022. <https://www.abc.net.au/news/2022-08-07/citayam-fashion-week-indonesia-underprivileged/101291202>. Tambiah, Stanley Jeyaraja. "The Galactic Polity: The Structure of Traditional Kingdoms in Southeast Asia." The Annals of the New York Academy of Sciences 293 (1977): 69-97. Turner, Victore W. "Betwixt and Between: The Liminal Period in Rites de Passage." In William Armand Lessa and Evon Zartman Vogt (eds.), Reader in Comparative Religion: An Anthropological Approach. London: Harper Collins, 1979 [1964]. 234-243. Van Gennep, Arnold. The Rites of Passage. London: Routledge 2004.

IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. A truly comprehensive account of wine authenticity remains to be written.ReferencesAnderson, Kym, David Norman, and Glyn Wittwer. “Globalization and the World’s Wine Markets: Overview.” Discussion Paper No. 0143, Centre for International Economic Studies. Adelaide: U of Adelaide, 2001.Barham, Elizabeth. “Translating Terroir: The Global Challenge of French AOC Labelling.” Journal of Rural Studies 19 (2003): 127–38.Beverland, Michael B. “Crafting Brand Authenticity: The Case of Luxury Wines.” Journal of Management Studies 42.5 (2005): 1003–29.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. London: Routledge, 1992.Brabazon, Tara. “Colonial Control or Terroir Tourism? The Case of Houghton’s White Burgundy.” Human Geographies 8.2 (2014): 17–33.Cohen, Erik. “Authenticity and Commoditization in Tourism.” Annals of Tourism Research 15.3 (1988): 371–86.DeSoucey, Michaela. “Gastronationalism: Food Traditions and Authenticity Politics in the European Union.” American Sociological Review 75.3 (2010): 432–55.Duguid, Paul. “Developing the Brand: The Case of Alcohol, 1800–1880.” Enterprise and Society 4.3 (2003): 405–41.Fine, Gary A. “Crafting Authenticity: The Validation of Identity in Self-Taught Art.” Theory and Society 32.2 (2003): 153–80.Grahm, Randall. “The Soul of Wine: Digging for Meaning.” Wine and Philosophy: A Symposium on Thinking and Drinking. Ed. Fritz Allhoff. Oxford: Blackwell, 2008. 219–24.Guy, Kolleen M. When Champagne Became French: Wine and the Making of a National Identity. Baltimore: Johns Hopkins UP, 2003.Hennion, Antoine. “The Things That Bind Us Together.”Cultural Sociology 1.1 (2007): 65–85.Kopytoff, Igor. “The Cultural Biography of Things: Commoditization as a Process." The Social Life of Things: Commodities in Cultural Perspective. Ed. Arjun Appadurai. Cambridge: Cambridge UP, 1986. 64–91.Laferté, Gilles. “End or Invention of Terroirs? Regionalism in the Marketing of French Luxury Goods: The Example of Burgundy Wines in the Inter-War Years.” Working Paper, Centre d’Economie et Sociologie Appliquées a l’Agriculture et aux Espaces Ruraux, Dijon.Latour, Bruno. We Have Never Been Modern. Harvard: Harvard UP, 1993.Lu, Shun and Gary A. Fine. “The Presentation of Ethnic Authenticity: Chinese Food as a Social Accomplishment.” The Sociological Quarterly 36.3 (1995): 535–53.Marks, Denton. “Competitiveness and the Market for Central and Eastern European Wines: A Cultural Good in the Global Wine Market.” Journal of Wine Research 22.3 (2011): 245–63.Murray, Warwick E. and John Overton. “Defining Regions: The Making of Places in the New Zealand Wine Industry.” Australian Geographer 42.4 (2011): 419–33.Overton, John. “The Consumption of Space: Land, Capital and Place in the New Zealand Wine Industry.” Geoforum 41.5 (2010): 752–62.Paxson, Heather. “Locating Value in Artisan Cheese: Reverse Engineering Terroir for New-World Landscapes.” American Anthropologist 112.3 (2010): 444–57.Peterson, Richard A. Creating Country Music: Fabricating Authenticity. Chicago: U of Chicago P, 2000.———. “In Search of Authenticity.” Journal of Management Studies 42.5 (2005): 1083–98.Polanyi, Karl. The Great Transformation. Boston: Beacon Press, 1957.Robertson, Roland, and David Inglis. “The Global Animus: In the Tracks of World Consciousness.” Globalizations 1.1 (2006): 72–92.Smith Maguire, Jennifer. “Provenance and the Liminality of Production and Consumption: The Case of Wine Promoters.” Marketing Theory 10.3 (2010): 269–82.Trubek, Amy. The Taste of Place: A Cultural Journey into Terroir. Los Angeles: U of California P, 2008.Ulin, Robert C. “Invention and Representation as Cultural Capital.” American Anthropologist 97.3 (1995): 519–27.Vannini, Phillip, and Patrick J. Williams. Authenticity in Culture, Self and Society. Farnham: Ashgate, 2009.Wengrow, David. “Prehistories of Commodity Branding.” Current Anthropology 49.1 (2008): 7–34.Zolberg, Vera and Joni Maya Cherbo. Outsider Art: Contesting Boundaries in Contemporary Culture. Cambridge: Cambridge UP, 1997.

Defence date: 25 February 2022
Examining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.

Defence date: 20 April 2020 (Online)
Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”

Defence date: 13 December 2007
Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.

Defence date: 17 March 2022
Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’

Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.

Defence date: 12 January 2007
Examining Board: Prof. Claus-Dieter Ehlermann (Supervisor, European University Institute) ; Prof. Laurence Idot (Ext. co-supervisor, Université Paris I Panthéon-Sorbonne) ; Sir Francis Jacobs (King's College London) ; Prof. Christian Joerges (European University Institute)
First made available online 11 September 2018
This dissertation, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Defence date: 8 June 2007
Examining board: Prof. Peter Wagner, Supervisor, EUI ; Prof. Donatella Della Porta, EUI ; Prof. Eric Fassin, Ecole Normale Supérieure, Paris ; Prof. Jeffrey Weeks, University of the South Bank, London
First made available online 25 June 2015.
This study analyzes the role of social and legal transformations regarding homosexuality in the construction of gay and lesbian identities. In this respect, the recognition of same-sex couples constitutes a fundamental element of a changing social environment in the contemporary European context and as a phenomenon stands at the centre of the inquiry. The interest in the functions of the law in identity construction explains the topical focus on legal changes. Qualitative research methods are combined with a theoretical inquiry into notions of recognition and identity. Fifty in-depth interviews have been conducted in France, Germany, Italy and the UK. The fieldwork focuses on a metropolitan lesbian and gay bar milieu: respondents were approached in bars and cafés in Berlin, London, Paris, and Rome. This fieldwork and the discourses and narratives that stem from it constitute the main empirical source of the project. The notion of identity management (Goffman), a critical theory approach to recognition (Honneth) and a social theory approach to the individual and social change (Kaufmann) feed into the research project from the outset and are in tum informed by it. What does it mean for lesbians and gays to experience the current debates on same-sex marriage and partnership laws? How, if at all, do the normative changes in their social environments affect their life plans, the understanding of their own lives, and the expression of homosexuality in public settings? How can the researcher link the very personal level of individual lives to the macro-level of normative change in society at large and in the legal and political realm?

Defence date: 20 October 2014
Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.

Defence date: 17 December 2018
Examining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’

Defence date: 16 September 2005
Examining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.

In this chapter, we present the legislative branches of eight countries (Poland, Czech Republic, Slovakia, Romania, Serbia, Croatia, Slovenia and Hungary) through the following subjects: a) legislative bodies and sources of parliamentary law (laws regulating the function of the parliament, bylaws etc.); b)the authorities of parliaments; c) the officeholders of parliaments, the house president, and committees of parliaments; d)parliamentary groups; e) the legal status of officeholders (rights of the MPs, conflict of interest, immunity). The structure of the study follows the order of the above-mentioned subjects and treats them as subchapters. At the beginning of each subchapter is a short explanation of the subject, highlighting in broad terms what it wishes to showcase. The study focuses on the legislative branches of governments as the main goal of the study is to observe their legislative ecosystem and organs, powers and members.