Latest blog articles

  • Legislative enactments and court decisions, together with social-historical events, provide the causal mechanisms that enable scholars to trace the evolution of ownership paradigms in different jurisdictions. In addition, shifts in ownership paradigms result from the circulation and flow of legal...

  • More than ten years after the European Court of Justice ruled that the German Eigenheimzulage was in breach of European law, the EC also started questioning its successor, the Baukindergeld. ITEM had previously concluded that the Baukindergeld was in breach of European law. We now await the...

  • In its judgment of 19 September 2019, the ECJ ruled that Dutch legislation excluding frontier workers residing in the Netherlands but working as a mini-jobber in Germany from the Dutch social security system is compatible with EU law. If the Hoge Raad follows the approach taken by the ECJ, the...

  • I wrote my PhD towards the last days of the debate over “social rights”. This debate harkens back to the fifties, when the International Covenant on Social and Cultural Rights was being negotiated. Some claimed that social rights could never be true rights. Others claimed that without social rights...

  • Dowsing is the ability to detect the source of things. Dowsing for a source of legal ideas must start at an early stage in academic life, when students write their first legal papers. This ability is mastered if students and tutors interact in the process of developing academic legal research skills...

  • In this entry I want to mention four considerations that suggest that human rights lawyers should be cautious in embracing basic income as a replacement for human rights. These reflections should be seen as merely exploratory. The basic income in full has never been put in practice, and consequently...

  • To speak of economic justice today is to speak of the basic income. A basic income can be defined as an unconditional cash payment to all persons who form part of a political community. As automation increases, there is fear that labor will be replaced by “robots”. The basic income seems to be a...

  • The European Union (EU) faces challenges after the results of the United Kingdom (UK) European Union membership referendum that was held on June 23, 2016. Yet, Brexit is not the first challenge faced by the EU. Three points invite for reflection on Brexit and the future of the EU.

  • Trevor Burrus claims that health care cannot be a fundamental right. He is not alone in saying this, but the way he says it is noteworthy. His article is not original (nor does it claim to be), but it represents an admirably clear retelling of an old story: Positive rights cannot be rights, this is...

  • Every endeavour is achieved as the result of teamwork, and librarians are fundamental members in our team when researching in law. Librarians provide able hands and without them effective research would be an almost impossible mission, especially in the Internet era. Above all, librarians hold the...