European Journal of Risk Regulation最新文献_第10页

Newspaper Advice That Causes Damage Is Not Covered by the Product Liability Directive: The Court of Justice of the European Union’s Clarification in Krone 造成损害的报纸建议不在产品责任指令范围内：欧盟法院对克朗的澄清

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-30 DOI: 10.1017/err.2023.11

V. Mantrov

{"title":"Newspaper Advice That Causes Damage Is Not Covered by the Product Liability Directive: The Court of Justice of the European Union’s Clarification in Krone","authors":"V. Mantrov","doi":"10.1017/err.2023.11","DOIUrl":"https://doi.org/10.1017/err.2023.11","url":null,"abstract":"The Product Liability Directive,1 which was adopted more than thirty-five years ago, deals with liability for defective products and is one of the most important European Union (EU) legal acts in the field of consumer protection law. Similarly, it is one of the rare EU legal acts that deals with fundamental issues of civil law such as liability for the damage caused.2 Despite the fact that the Directive has been in in force for almost four decades, it has been subject only to one amendment in 1994. This amendment dealt with the legal definition of the term “product”, which led to revised wording of Article 2 in addition to the amendment of Article 15.3 The Directive has been interpreted several times by the Court of Justice of the European Union (CJEU), especially based on preliminary rulings commencing with the CJEU’s judgment in Veedfald of 10 May 2001.4 One of the most significant aspects for the application of the Directive concerns the differentiation between a service and the medium (being a movable) through which that service is provided.5 Resolution of this issue determines whether damage caused by that service is also covered by the Directive (there is a common ground that the damage caused by the medium itself falls within the scope of the Directive). This issue recently came before the CJEU in Case C-65/20 Krone – advice published in a newspaper was followed by a consumer, who suffered harm as a result. The question referred to the CJEU by the national court concerned whether this claim for damages arising from “defective” newspaper advice (ie a health service provided","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"14 1","pages":"416 - 421"},"PeriodicalIF":2.9,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47470188","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}

引用次数: 0

Enhancing Vulnerable Groups’ Participation in Medicines Risk Regulation: The Case of the European Medicines Agency’s Public Hearing on Quinolone Antibiotics 加强弱势群体参与药品风险监管:以欧洲药品管理局喹诺酮类抗生素公开听证会为例

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-20 DOI: 10.1017/err.2023.10

Matthew Wood

{"title":"Enhancing Vulnerable Groups’ Participation in Medicines Risk Regulation: The Case of the European Medicines Agency’s Public Hearing on Quinolone Antibiotics","authors":"Matthew Wood","doi":"10.1017/err.2023.10","DOIUrl":"https://doi.org/10.1017/err.2023.10","url":null,"abstract":"Abstract What is the value of including vulnerable people in risk regulation decision-making in the European Union (EU)? This article examines a distinctive approach employed by the European Medicines Agency (EMA): public hearings integrated within safety reviews of medicinal products. The article presents findings from a case study of the EMA’s public hearing on Quinolone antibiotics, which was included by the EMA as part of a review process that led to significant tightening of regulatory restrictions on the prescribing of this class of antibiotics. The article argues that the public hearing enabled a group of patients who had been victims of a debilitating toxicity syndrome associated with Quinolone antibiotics to criticise the existing scientific evidence base around the safety of Quinolone. Deploying the quantitative Discourse Quality Index and an interpretive analytical approach, the article shows how patients challenged the evidence base in a manner that was efficacious in advancing knowledge in this area of risk regulation. When physically staged alongside interventions by professional experts, the article argues that patients facilitated a process of “negotiation” of expertise, leading professional representatives to propose methods of coordination in order to integrate the patients’ qualitative evidence of their suffering with the toxicity syndrome. Ultimately, this process led to the EMA proposing more stringent future guidelines for the prescription of Quinolone antibiotics in the EU.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"14 1","pages":"332 - 350"},"PeriodicalIF":2.9,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48776595","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}

引用次数: 0

Lessons for Participation from an Interdisciplinary Law and Sustainability Science Approach: The Reform of the Sustainable Use of Pesticides Directive 跨学科法律与可持续性科学方法的参与经验:农药可持续使用指令的改革

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-15 DOI: 10.1017/err.2023.9

Annalisa Volpato, A. Offermans

引用次数: 0

The Good, the Bad and the Rest: How the European Union Responded to the COVID-19 Pandemic in the Transport Sector 好的、坏的和其他的：欧盟如何应对交通部门的新冠肺炎大流行

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-01 DOI: 10.1017/err.2023.7

P. Settembri, R. Kumar

{"title":"The Good, the Bad and the Rest: How the European Union Responded to the COVID-19 Pandemic in the Transport Sector","authors":"P. Settembri, R. Kumar","doi":"10.1017/err.2023.7","DOIUrl":"https://doi.org/10.1017/err.2023.7","url":null,"abstract":"\u0000 Due to its severity, the COVID-19 pandemic is one of the greatest crises to have tested the European Union’s (EU) ability to take effective action. The restrictive measures adopted by the Member States to curb its spread affected in particular the free movement of people and partly of goods. This prompted the EU to take action inter alia to maintain essential travel, protect supply chains, enhance contact tracing and facilitate the coordinated resumption of travel. Building on the notion of “output legitimacy”, this paper assesses the EU’s success in responding to the COVID-19 pandemic in transport by looking at the four main initiatives between the end of 2020 and June 2022, namely: (1) the EU Digital COVID Certificates; (2) cross-border contact tracing through Passenger Locator Forms; (3) the “Green Lanes” for freight transport; and (4) the coordinated approach to facilitating safe and free movement. These initiatives are measured against the EU’s legal competence, economic interests, political pressure and the added value of EU action. While recognising the small set of cases, the results show that, although legal competence is a decisive factor for success, EU initiatives can achieve equivalent effect even in its absence, provided other conditions are met.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44691588","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}

引用次数: 0

Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy by Maurice E. Stucke, Oxford, Oxford University Press, 2022, 275 pp. 《挣脱：如何重新控制我们的数据、隐私和自主性》，Maurice E.Stucke著，牛津，牛津大学出版社，2022年，275页。

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-01 DOI: 10.1017/err.2023.6

Shania Ann Kirk

引用次数: 1

Shaping Interoperability for the Internet of Things: The Case for Ecosystem-Tailored Standardisation 塑造物联网的互操作性：生态系统定制标准化的案例

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-03-01 DOI: 10.1017/err.2023.8

G. Colangelo, O. Borgogno

引用次数: 1

ERR volume 14 issue 1 Cover and Front matter ERR第14卷第1期封面和封面问题

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-02-23 DOI: 10.1017/err.2023.3

引用次数: 0

ERR volume 14 issue 1 Cover and Back matter ERR第14卷第1期封面和封底

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-02-23 DOI: 10.1017/err.2023.4

引用次数: 0

Le principe de précaution en droit de l’Union Européene by Alessandra Donati, Brussels, Bruylant, 2021, 396 pp. 《欧盟法律中的预防原则》，亚历山德拉·多纳蒂著，布鲁塞尔，Bruylant, 2021年，396页。

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-02-14 DOI: 10.1017/err.2023.5

Justine Bendel

{"title":"Le principe de précaution en droit de l’Union Européene by Alessandra Donati, Brussels, Bruylant, 2021, 396 pp.","authors":"Justine Bendel","doi":"10.1017/err.2023.5","DOIUrl":"https://doi.org/10.1017/err.2023.5","url":null,"abstract":"The precautionary principle is a cornerstone of environmental regulation, which has taken full effect at the European level. It is a pillar of European Union (EU) actions in environmental affairs, as described in Article 191(2) and (3) TFEU, and it forms the very fabric of environmental law and governance. In this context, Donati ’ s book is a deep dive into the structure and operationalisation of the precautionary principle in EU law. Her excellent contribution to the field of EU environmental law, especially regarding the relationship between law and science in the design and application of the precautionary principle by EU institutions, is needed and timely. Her analysis is sharp, exhaustive and well-written. In this book review, I explain the arguments that underpin the book, as well as its structure and theoretical framework, before concluding on the merits of the work as a whole. Firstly, Donati specifically dissects the role and use of “ experts ” in the assessment of uncertain risks contained in specific behaviours (Chapters 3 and 4). She strongly argues that the strict separation between decision-makers and scientists that was once thought of as the better model did not survive the test of time. In relation to the mad cow disease crisis in the 1990s, she notes that “ all barriers between science and politics seem to have been blurred ” (p. 143). She then shows the ways in which such barriers have been blurred in a very compelling manner. Indeed, the assumption that science can provide certain and neutral answers causes a range of problems, as it is an incorrect conception of how scientific development actually occurs (p. 150). However, such an erroneous conception then allowed for a lack of regulation of the relationships between experts and policy- and decision-makers and a lack of rules concerning the independence of experts and of their financing. Thisdiscussion is crucial to understanding environmental decision-making, as it is","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"14 1","pages":"422 - 424"},"PeriodicalIF":2.9,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47968756","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}

引用次数: 0

Climate Change Risk and Climate Justice in France: The High Administrative Court as Janus or Prometheus? 法国的气候变化风险与气候正义:高等行政法院是雅努斯还是普罗米修斯?

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-02-09 DOI: 10.1017/err.2023.2

Marta Torre-Schaub

引用次数: 0