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w Volume 9 issue 3 December 2016 Erasmus Law Review Editorial Board Kristin Henrard (Editor-in-Chief) Federico Esu (Managing-Editor) Xandra Kramer, Peter Mascini, Harriet Schelhaas, Sanne Tae- kema, Michiel van der Wolf Mission Statement The Erasmus Law Review seeks to foster independent critical scholarship as relevant to the discipline of law. The Board of Editors encourages the submission of legally rel- evant manuscripts by legal scholars and practitioners as well as those versed in other disciplines relevant to law, such as criminology, sociology, political science and economics. The Erasmus Law Review usually commissions articles around specific themes, although 'calls for papers' on specific topics might be issued occasionally and will be published on the Review's website. All prospective articles are submitted to double-blind peer review (two reviews per article), and final publication is dependent on the outcome of these reviews. Copyright 121 Introduction Unless otherwise noted, copyright in all submissions is retained by the author. Kristin Henrard Permission is granted for non-profit purposes to download and print material in Erasmus Law Review and to distribute this material to others provided the author’s name, place of 122 Raising Barriers to ‘Outlaw Motorcycle Gang-Related publication and copyright notice remains secured on all cop- Events’. Underlining the Difference between Pre-Emption ies. and Prevention Disclaimer The opinions expressed in the papers appearing in this journal Teun van Ruitenburg are those of the authors. Erasmus Law Review accepts no responsibility for the views or the accuracy of information published in this journal. 135 A Theoretical Framework to Study Variations in Workplace ISSN: 2210-2671 Violence Experienced by Emergency Responders. Integrating Opportunity and Vulnerability Perspectives Lisa van Reemst 146 The Right to Mental Health in the Digital Era Fatemeh Kokabisaghi, Iris Bakx & Blerta Zenelaj Introduction Kristin Henrard* address the role of situational and victim characteris- tics. Van Reemst highlights the importance of taking both situational and victim characteristics into account, while also examining the interaction This issue of Erasmus Law Review forms a historic between these two types of characteristics in longitu- bridge between the review’s original format of working dinal research. The ensuing gain in knowledge on exclusively with thematic issues and also having issues workplace violence could enable the development of on submissions. This particular issue is not entirely ‘on effective prevention mechanisms. submission’ and is closer in kind to a previous non-the- 3. Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj matic issue (Issue 6(2) of Erasmus Law Review), which examine under what conditions e-mental healthcare consisted of articles by promising doctoral students could contribute to the realisation of the highest who, after having won an Erasmus School of Law (ESL) attainable standard of mental health, having regard to Doctoral Research Grant, were granted the opportunity the criteria of Availability, Accessibility, Acceptabili- to showcase part of their research. The experience with ty and Quality (the AAAQ framework developed by working occasionally with non-thematic issues has the UN Committee on Economic, Social and Cultur- prompted us to open from next year onwards one issue a al Rights). This is obviously contingent on having an year for submissions, not only for promising PhD stu- ICT infrastructure worldwide, and fighting digital dents and other colleagues from ESL, but also for exter- illiteracy, while guidelines on medical ethics and nal scholars. quality standards need to be respected. The authors Returning to this particular issue of Erasmus Law also identify a pressing need for further research, par- Review, three PhD students have contributed to it, cov- ticularly in regard to the cultural acceptability of e- ering a broad variety of topics, ranging from strategies mental health care. to outlaw motorcycle gang-related events, variations in 121 workplace violence experienced by emergency respond- We hope that you will enjoy reading this collection of ers, to the right to mental health in the digital era. articles, covering a rich variety of topics, straddling vari- ous fields of law and adopting a range of different meth- 1. Teun van Ruitenburg notes a shift in the security dis- ods. course from reactive management of actual events and threats to proactive management based on statis- Kristin Henrard, Editor-in-Chief tical calculations of risks. In relation to the latter, he zooms in on the distinction between (the criminologi- cal rationale of) pre-emption and prevention strat- egies, while focusing on the current governmental fight against outlaw motorcycle gangs and gang-rela- ted crimes. His analysis of three instances where motorcycle events have been prohibited by local gov- ernments in the Netherlands reveals the gradual dif- ference between prevention and pre-emption, while problematising the latter as too radical. He calls for more research into pre-emption strategies and their implications and effects. 2. Lisa van Reemst seeks to apply victimological theories to workplace violence experienced by emergency res- ponders, in order to identify and categorise possible risk factors. More particularly, criminal opportunity theories and personal vulnerability notions are applied to experiencing workplace violence so as to * Kristin Henrard is professor of fundamental rights and minorities at the Erasmus School of Law as well as associate professor International and European Law. She teaches courses on advanced public international law, international criminal law, human rights, and on minorities and fundamental rights. Kristin Henrard doi: 10.5553/ELR.000075 - ELR December 2016 | No. 3 Raising Barriers to ‘Outlaw Motorcycle Gang- Related Events’ Underlining the Difference between Pre-Emption and Prevention Teun van Ruitenburg* public order and safety disturbances.1 This was espe- Abstract cially the case because the Dutch National Police feared an escalation of violence between warring outlaw motor- Fighting outlaw motorcycle gangs is currently one of the top cycle gangs (henceforth OMGs).2 This incident was not priorities of many governments around the world. This is an isolated case as a second motorcycle fair ‘Motorcycle- due to the notion that outlaw motorcycle gangs do not con- day Zilst’ in another municipality was also cancelled by sist solely of motorcycle enthusiasts. Numerous cases reveal the local government for similar reasons. The event, that these clubs, or at least their members, are involved in scheduled for 20 April 2014, was to be organised for the (organised) crime. In order to tackle these clubs, the former first time by ‘Harley-Davidson Club de Kempen’.3 Fur- Dutch Minister of Security and Justice announced a whole- thermore, the ‘Harley-day’, in the village of Valkens- of-government strategy towards outlaw motorcycle gangs waard, and the motorcycle event ‘American Day Uitge- in 2012. As part of this effort, authorities such as the Dutch est’, both scheduled for 26 April 2014, also did not take National Police, the Public Prosecution Service, the Dutch place. It seems that these withdrawals of permits were Tax Authority and local governments aim to cooperate in not unique for this period of time, as the local govern- order to disrupt and restrict outlaw motorcycle gangs by ment of the small village of Cuijk had also prohibited means of Criminal, Administrative and Civil Law. Part of this the gathering of several international OMGs in May strategy is to hinder club-related events. This article discuss- 122 2013. On this occasion, members of the Dutch Veterans es the latter strategy in light of the distinction between pre- MC were planning to organise a three-day event called vention and pre-emption. As the latter two concepts are the ‘Brothers in Arms Run’. However, the municipality often used interchangeably, this article attempts to use a of Cuijk decided not to provide the required permit for more strict division between prevention and pre-emption. the event, fearing possible public disorder. Moreover, Thereby, it becomes apparent that outlaw motorcycle gangs the Mayor of Cuijk argued that prohibiting the event are to some extent governed through uncertainty. The would be in line with the Dutch nationwide policy to author suggests that maintaining the ‘prevention–pre-emp- tion distinction’ can offer an interesting and valuable point of departure for analysing today’s crime policies. 1. See <https:// extranet. laarbeek. nl/ actueel/ nieuws_ 3139/ item/ vergun ning -motorbeurs -aarle -rixtel -ingetrokken_ 12617. html> (last visited Keywords: Prevention, pre-crime, pre-emption, risk, outlaw 3 August 2015). motorcycle gangs 2. In academic literature but also in various policy documents, different ‘labels’ are being used to refer to outlaw motorcycle gangs. Some authors refer to these clubs as ‘1%-Motorcycle Clubs’ or ‘1%-MCs’, while others prefer to use the term ‘outlaw motorcycle clubs’ (see, for example, A. Blokland, M. Soudijn & E. Teng, ‘Wij zijn geen padvinders. 1 Introduction Een verkennend onderzoek naar de criminele carrieres van leden van 1%-motorclubs’, 56 Tijdschrift voor Criminologie 3 (2014). A. Veno In 2014, a local Harley-Davidson club in the Nether- and J. van den Eynde, ‘Moral Panic Neutralization Project: A Media- based Intervention’, 17 Journal of Community & Applied Social Psy- lands was planning –
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