Research Miet Vanderhallen

Abstract

Over recent years, there has been growing concern about well-being in legal professions (IBA, 2021). The dual-continua model conceptualizes well-being as consisting of two related but distinct dimensions. The symptom-oriented dimension ranges from the absence of psychological distress to severe mental health problems (e.g., depression). The positive dimension ranges from languishing to flourishing. The model suggests that the absence of psychological distress does not necessarily lead to flourishing, and conversely, mental health problems do not preclude flourishing (Keyes, 2005). Research in legal professions has mainly focused on psychological distress. For example, studies among lawyers suggest that focus on profitability, overcommitment, and work-family conflict are associated with stress, anxiety, and depression (Soon et al., 2024). Similarly, among judges, heavy workloads, emotional demands, and negative work-family conflict are linked to poorer well-being (Rossouw & Rothmann, 2020). This research is important for legal professionals and for society. Legal professionals contribute to the proper functioning of the legal system and are better able to perform their roles when mentally healthy (Rossouw & Rothmann, 2020). In Belgium, legal deontology prescribes training in well-being (OVB, 2026), professionalism and a duty to coping with stress (HRJ, 2024). Understanding how well-being works, can help these professionals meet their obligations and inform tailor-made well-being interventions. However, important knowledge gaps remain. Previous research has largely focused on psychological distress, while flourishing has received far less attention (Soon et al., 2024). An exception is a study by Tang et al. (2020) among lawyers that suggests that ethical climate is positively related to flourishing at work. For judges, autonomy and the nature of their work seem to be positively related to well-being (Rossouw & Rothmann, 2020). In general, however, research on the positive well-being dimension is limited. In addition, earlier studies have not sufficiently examined how specific features of the legal work context shape well-being. In addition to ethical climate, factors to consider include social support, opportunities for development (Bakker & Demerouti, 2007), and societal climate (e.g., media pressure). This PhD project aims to contribute to a better understanding of how well-being among lawyers and judges (with focus on criminal law) can be conceptualized and operationalized, including absence of psychological distress as well as flourishing, and of how specific features of the legal work context shape well-being. It will also build on these insights to develop a positive psychology intervention tailored to the legal work context. References Bakker, A. B., & Demerouti, E. (2007). The Job Demands‐Resources model: State of the art. Journal of Managerial Psychology, 22(3), 309-328. https://doi.org/10.1108/02683940710733115 HRJ. (2024). Algemene Principes inzake de Deontologie van Magistraten. IBA. (2021). Mental Wellbeing in the Legal Profession: A Global Study. Keyes, C. L. M. (2005). Mental Illness and/or Mental Health? Investigating Axioms of the Complete State Model of Health. Journal of Consulting and Clinical Psychology, 73(3), 539-548. OVB. (2026). Codex Deontologie voor Advocaten. Rossouw, E., & Rothmann, S. (2020). Well-being of judges: A review of quantitative and qualitative studies. SA Journal of Industrial Psychology, 46. https://doi.org/10.4102/sajip.v46i0.1759 Soon, L., McDowall, A., & Teoh, K. R. H. (2024). Towards a context-specific approach to understanding lawyers' well-being: A synthesis review and future research agenda. Psychiatry, Psychology and Law, 31(3), 550-573. https://doi.org/10.1080/13218719.2023.2206879 Tang, S., Holmes, V., & Foley, T. (2020). Ethical Climate, Job Satisfaction and Wellbeing: Observations from an Empirical Study of New Australian Lawyers. Georgetown Journal of Legal Ethics, 33(4).

Researcher(s)

• Promoter: Van de Vijver Anne
• Co-promoter: Vanderhallen Miet

Research team(s)

• Business and Law01/07/2026 - 30/06/2030

Funding

• BOF

Project type(s)

• Research Project

Abstract

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

Researcher(s)

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

Research team(s)

• Law Enforcement01/04/2019 - 31/10/2021

Funding

• EU-NT. KAD

Project type(s)

• Research Project

Abstract

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

Researcher(s)

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

Research team(s)

• Law Enforcement01/10/2015 - 30/09/2017

Funding

• EU-NT. KAD

Project website

Project type(s)

• Research Project

Abstract

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

Researcher(s)

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

Research team(s)

• Law Enforcement01/07/2010 - 30/06/2014

Funding

• BOF

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Elffers Henk
• Promoter: Vanderhallen Miet

Research team(s)

• Law Enforcement01/10/2007 - 30/11/2008

Funding

• BELSPO

Project type(s)

• Research Project