European Journal of Risk Regulation最新文献

{"title":"A Robust Governance for the AI Act: AI Office, AI Board, Scientific Panel, and National Authorities","authors":"Claudio Novelli, Philipp Hacker, Jessica Morley, Jarle Trondal, Luciano Floridi","doi":"10.1017/err.2024.57","DOIUrl":"https://doi.org/10.1017/err.2024.57","url":null,"abstract":"<p>Regulation is nothing without enforcement. This particularly holds for the dynamic field of emerging technologies. Hence, this article has two ambitions. First, it explains how the EU’s new Artificial Intelligence Act (AIA) may be implemented and enforced by various institutional bodies, thus clarifying the governance framework of the AIA. Second, it proposes a normative governance model, providing recommendations to ensure uniform and coordinated execution of the AIA and the fulfillment of the legislation. The article explores how the AIA may be implemented by national and EU institutional bodies, encompassing longstanding bodies, such as the European Commission, and those newly established under the AIA, such as the AI Office. It investigates their roles across supranational and national levels, emphasising how EU regulations influence institutional structures and operations. These regulations may not only <span>directly</span> dictate the structural design of institutions but also <span>indirectly</span> request administrative capacities needed to enforce the AIA.</p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Standards for Including Scientific Evidence in Restrictions on Freedom of Movement: The Case of EU Covid Certificates Scheme","authors":"Paul Quinn, Danaja Fabcic Povse","doi":"10.1017/err.2024.51","DOIUrl":"https://doi.org/10.1017/err.2024.51","url":null,"abstract":"<p>Compared to previous secondary legislation, Article 11 of the Digital Covid Certificates regulations was remarkably explicit in its requirement for Member States to consider scientific evidence when restricting free movement for the certificate holders. However, we argue in this Article that the regulations achieved a partial codification of the existent case law of the CJEU rather than imposing any additional requirements. Namely, the case law had already required Member States to rely on scientific evidence that reflects the international consensus, that is relevant and up to date, and that the evidence had to demonstrate by means of a risk assessment a real risk to the public health. We also discuss these findings in the light of the proportionality and precautionary principles and suggest that understanding the evolution of the EU legal order’s evidentiary requirements is useful in the light of the legislator’s claim of objective and rational policy-making procedures in public health and other crises.</p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Management and Enforcement Theories for Compliance with the Rule of Law","authors":"Roila Mavrouli","doi":"10.1017/err.2024.47","DOIUrl":"https://doi.org/10.1017/err.2024.47","url":null,"abstract":"<p>Following the contemporary debate surrounding two alternative perspectives on compliance – enforcement and management – this article suggests an analysis through the lens of the rule of law crisis. Specifically, the financial and techno-managerial strategy developed by the EU for the indirect protection of the rule of law relies on mechanisms that combine characteristics from both the enforcement and management approaches. This article will identify these mechanisms, namely the European Semester, the Conditionality regulation, the European Structural Investment Funds and the Recovery and Resilience Facility, in order to determine their nature, features, and tools for ensuring compliance with the rule of law. The hypothesis of this article relies on the idea that the EU’s tools are characterised by a mismatch between the causes of the identified problems and the chosen solutions. Considering that the deployment of the above measures has not re-established compliance, the EU strategy toes between inducing rule conformity on the one hand and deterring rule of law violations on the other. However, it seems that only the former can restore the rule of law, as the latter is considered ill-equipped to reverse or at least halt instances of backsliding. This mismatch explains why the Justice Scoreboard, the Framework, and the Review Cycle with its Annual Report have not made any difference, and more generally, why management strategies are unfit for dealing with deliberate backsliding.<span>1</span></p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Collaborative Governance Structures for Interoperability in the EU’s new data acts","authors":"Jens-Peter Schneider, Johannes Erny, Franka Enderlein","doi":"10.1017/err.2024.46","DOIUrl":"https://doi.org/10.1017/err.2024.46","url":null,"abstract":"This contribution analyses the EU’s new data acts. Interoperability is a common denominator of the EU’s new data acts. This paper demonstrates that the new data acts provide various approaches or concepts of collaborative governance to regulate interoperability. Although the EU’s new data acts are far from a uniform governance concept, we detected certain institutional arrangements organising the collaboration between private self-regulatory bodies, other private stakeholders and public bodies to lay down rules for interoperability.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Heuristics and Biases in the Choice of Risk Triggers for Novel Foods and GMOs in the European Union","authors":"Alessandro Monaco","doi":"10.1017/err.2024.48","DOIUrl":"https://doi.org/10.1017/err.2024.48","url":null,"abstract":"In the European Union (EU), novel foods and Genetically Modified Organisms (GMOs) are subject to long and costly authorisation procedures and post-marketing requirements. The regulatory frameworks applicable to novel foods and GMOs come into effect based on perceived factors of risk. These “risk triggers” are characteristics of novel foods and GMOs which differentiate them from traditional foods, creating a presumption of risk. Within the EU, consumer acceptance of genetically modified foods and novel foods like insects or cultivated meat is shaped by heuristics and biases, mainly focusing on the “novelty” and “unnaturalness” of these products, resulting in a predominantly negative perception. This paper investigates the close connection between cognitive biases identified in consumer perception literature and the implementation of specific risk triggers in the regulation of novel foods and GMOs in the EU. It subsequently raises concerns about the appropriateness of these risk triggers in forming a presumption of risk for these innovative products.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dangerous Legacy of Food Contact Materials on the EU Market: Recall of Products Containing PFAS","authors":"Carme Ribes Ortega, Alexandra Molitorisová, Kai Purnhagen","doi":"10.1017/err.2024.45","DOIUrl":"https://doi.org/10.1017/err.2024.45","url":null,"abstract":"Toxic substances and endocrine disruptors are present in consumer goods on the European Union (EU) market, such as in food contact materials like cookware. This article investigates whether a legal recall obligation of such products exists in EU law, and in the absence of such an obligation, how the EU legislature has ensured that such products are disposed of in a manner that does not compromise human health and the environment when they become waste. For this purpose, this Article analyses recall obligations for food contact materials containing persistent organic pollutants, as well as their waste regulations. It focuses on a class of substances with non-stick properties, some of them formerly used in cookware, such as pentadecafluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). We show that there is no single legal recall obligation; rather, many legal obligations are scattered among different provisions of EU law. When read together, they form a complex web of obligations, which may lead to recall measures for most of these products. However, doubts over the feasibility and effectiveness of such recalls remain.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142260994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Development Risks Defence in the Digital Age","authors":"Guillem Izquierdo Grau","doi":"10.1017/err.2024.43","DOIUrl":"https://doi.org/10.1017/err.2024.43","url":null,"abstract":"One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow the existence of the defect to be discovered. The Proposal for a Directive drafted by the European Commission and published on 28 September 2022 continues to provide, in Article 10.1.e), the defence for development risks. The Proposal for a Directive refers to this particular issue in Recital 39, which introduces some requirements for the assessment of such defence. However, despite this recognition, does this defence fit into the digital paradigm, and how can it be applied to damage caused by defects in products with digital elements that incorporate artificial intelligence?","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142213046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Social Sustainability as the Milestone for a Sustainable Food System: The Essential Role of People Working in Agriculture","authors":"Irene Canfora, Vito S. Leccese","doi":"10.1017/err.2024.27","DOIUrl":"https://doi.org/10.1017/err.2024.27","url":null,"abstract":"A Sustainable Food System needs to be implemented through a legal framework balancing measures concerning all the aspects of sustainability (the social, economic and environmental ones), as defined by the Farm to Fork strategy. Since environmental issues are considered a structural part of CAP regulations, a special attention shall be paid both to social and economic sustainability of agricultural and food system, as fundamental pillars for a resilient and competitive development of the primary sector. A new “social” approach of agricultural policy takes into consideration the position of farmers (in particular, a fair revenue of their activity) and workers involved in the agricultural sector (in particular, the rights to protection and safety at work). It also involves the comprehensive rural areas, ie the social context that represents the premise to reach environmental goals of sustainability in rural territories, realised by the farmers themselves as main actors of the rural economy. Therefore, for the future of food law, a strategic consideration of the legal framework related to people working in agriculture and agri-food sector should concern two main aspects. On one hand, the introduction of social conditionality, establishing compliance with labour law rules, including work safety and transparency of employment conditions in agricultural labour contracts in order to receive CAP subsidies – becomes a component of the process for “safe food” through an “ethical and legal food production.” On the other hand, it is important to consider the improvement of life conditions and services in rural areas in favour of resident citizens, the attractiveness of young farmers as well as the implementing measures for an inclusive growth. These aspects, which make up a “social sustainability model” in the agri-food chain are strongly linked together and require a comprehensive policy regulation. This policy perspective includes a new perception of entrepreneurs and workers employed in rural areas intended for the production of food and related to the environmental protection.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142213243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mind the Gap: Assessing Member States’ Implementation of Farm to Farm-to-Fork Targets within the 2023–2027 Common Agricultural Policy","authors":"Enrico Mezzacapo","doi":"10.1017/err.2024.44","DOIUrl":"https://doi.org/10.1017/err.2024.44","url":null,"abstract":"This work has the aim of dissecting the legal and policy dress designed for the new “Green” Common Agricultural Policy (CAP 2023–27) across the proposed CAP Strategic plans (CSPs) of the EU member states. The analysis is carried out through the lens of a special inquiry: the consistency and coherence between the CAP and the perspective of the Green Deal and its satellite strategies, among all the Farm to Fork Strategy (F2F) and Biodiversity Strategy for 2030, for transition to a resilient and Sustainable food system. The F2F proposes a roadmap of interventions and sets specific goals to reach such a transition. Within these interventions, a renewed CAP is the first stage through which the direction undertaken by the EU can be measured. Following the new CAP delivery model, this work will investigate the national CSPs and address the consistency of the CAP financial instruments utilised to fulfill the social, economic and environmental objectives of the CAP according to the ambition of the F2F and other key strategies.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142213042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What EU Conditionality Says about the Rule of Law","authors":"Louise Fromont","doi":"10.1017/err.2024.40","DOIUrl":"https://doi.org/10.1017/err.2024.40","url":null,"abstract":"The Covid-19 crisis provided an opportunity for the European Union to offer an alternative regulatory response to the crisis of values by systemically linking European funding to respect for the rule of law. A rule of law conditionality mechanism for spending was introduced in the Recovery and Resilience Facility and in Regulation 2020/2092. It is both positive – in that it encourages Member States to implement reforms and investments aimed at improving the rule of law – and negative – in that it takes the form of financial sanctions. However, the development of the rule of law conditionality is leading to an economisation of the concept of the rule of law, insofar as it mainly concerns those dimensions of the rule of law that are conducive to growth – such as justice systems and the fight against corruption. As a result, it could paradoxically exacerbate the very crisis it is designed to resolve.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142213044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}