European Journal of Risk Regulation最新文献_第2页

Democratising Food Safety: Why We Need to Look Beyond Government Regulation and Provide a Citizen Right of Action 食品安全民主化：为什么我们需要超越政府监管，提供公民行动权？

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-08-15 DOI: 10.1017/err.2024.41

Neal David Fortin

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Rethinking Consumer Empowerment: New Directions for Sustainable Food Law in an Era of EU Discontent 反思消费者赋权：欧盟不满时代可持续食品法的新方向

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-08-15 DOI: 10.1017/err.2024.42

Vincent Delhomme

{"title":"Rethinking Consumer Empowerment: New Directions for Sustainable Food Law in an Era of EU Discontent","authors":"Vincent Delhomme","doi":"10.1017/err.2024.42","DOIUrl":"https://doi.org/10.1017/err.2024.42","url":null,"abstract":"EU food law is built on two paradigms – food safety and consumer choice. Consumers should have access to any food they like, provided that it is safe for consumption and that consumers are made aware of the products’ characteristics through adequate information. Growing emphasis on sustainability has not challenged these foundations. On the contrary, the law is intended as a tool to further empower consumers to make a healthy and environmentally responsible choice. However, it will be argued that this information centric approach is no longer a tenable position. The regulatory solutions characteristic of the consumer empowerment logic are of limited effectiveness and do not challenge the biggest obstacles to the sustainable transition of food systems – the commodification of food and the lack of regulation of the food environment. This contribution sketches out some far-reaching yet realistic food law reforms to genuinely address sustainability issues. Mindful of the special status of food and the growing discontent towards the EU and the green transition, this contribution also argues for some changes in the making and design of EU food law, leading towards greater involvement of citizens and local communities, and, ultimately, for truer empowerment of individuals.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"8 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142213043","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}

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The DMA’s Consent Moment and its Relationship with the GDPR DMA 的 "同意时刻 "及其与 GDPR 的关系

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-06-04 DOI: 10.1017/err.2024.38

Alessia S. D’Amico

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The Rule of Law: A Core Premise for the Effectiveness of International Environmental Law 法治：国际环境法有效性的核心前提

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-06-04 DOI: 10.1017/err.2024.16

Nicolas de Sadeleer

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The Member States in the EU Food System: National Regulatory Options for Sustainable Food Offer, Food Consumption and Food Environments 欧盟食品体系中的成员国：可持续食品供应、食品消费和食品环境的国家监管方案

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-05-31 DOI: 10.1017/err.2024.36

Hanna Schebesta

{"title":"The Member States in the EU Food System: National Regulatory Options for Sustainable Food Offer, Food Consumption and Food Environments","authors":"Hanna Schebesta","doi":"10.1017/err.2024.36","DOIUrl":"https://doi.org/10.1017/err.2024.36","url":null,"abstract":"The Framework for Sustainable Food Systems law will either not be published at all or after a long delay. Whereas the first part of the article constructs an empirical and theoretical underpinning about why the EU Member States should therefore act on food sustainability, the second part focuses on what legal measures Member States can take. In the first part, leaning on food systems thinking, we argue that in the absence of EU action in the matter, the Member States remain the most potent lever for taking regulatory action on addressing sustainability in the food system. In the second part, the article provides an exploratory study of potential national legal instruments for making domestic food systems more sustainable, with an emphasis on the regulation of offer and consumption of foods and food environments. The article discusses the following legal instruments in the context of EU law and Member States’ room for action, with examples from a comparative perspective: public procurement purchasing by governments, product composition requirements, fiscal measures, non-fiscal pricing instruments, labelling & certification, marketing, and the regulation of private and public food environments. The article further concludes that it may prove useful to better enshrine the food sustainability paradigm in law at national level.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"38 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141189606","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

The “Safe and Sustainable by Design” Concept – A Regulatory Approach for a More Sustainable Circular Economy in the European Union? 安全和可持续的设计 "概念--在欧盟实现更可持续的循环经济的监管方法？

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-05-08 DOI: 10.1017/err.2024.29

Leonie Reins, Julia Wijns

{"title":"The “Safe and Sustainable by Design” Concept – A Regulatory Approach for a More Sustainable Circular Economy in the European Union?","authors":"Leonie Reins, Julia Wijns","doi":"10.1017/err.2024.29","DOIUrl":"https://doi.org/10.1017/err.2024.29","url":null,"abstract":"The creation of a more sustainable economy is one of the main targets of the European Green Deal and the new Circular Economy Action Plan. Technological innovation is needed, among other things, to render materials, products, and production processes more sustainable. Given the goals of the European Green Deal, the regulatory concept of “Safe and Sustainable by Design” is increasingly receiving attention. The concept is (arguably) a precautionary and preventative measure that is implemented at the early stages of the design of a technology. Therefore, it is often described as a tool for lowering the risks that follow from efforts to create a more circular economy. The concept was included in the European Chemicals Strategy of the European Commission. The aim of the strategy is to accelerate progress towards the discovery of more sustainable chemicals and towards a toxicity-free environment. In this paper, we will explore the benefits and disadvantages of integrating the “Safe and Sustainable by Design” concept into the regulation of technology. As a form of regulation by technology, this concept can enhance sustainability. We will first describe the origins of the concept and its current use. Then, we will analyse its implications for the circular economy.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"43 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140933999","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

The Reform of International Investment Law: Whose Rule of Law? 国际投资法改革：谁的法治？

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-04-29 DOI: 10.1017/err.2024.28

Ivana Damjanovic

引用次数: 0

Enforcement of Multilateral Trade Regulation by Non-State Actors – Desirable and Feasible? 非国家行为者执行多边贸易法规--可取与可行？

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-04-22 DOI: 10.1017/err.2024.20

Iveta Alexovičová

{"title":"Enforcement of Multilateral Trade Regulation by Non-State Actors – Desirable and Feasible?","authors":"Iveta Alexovičová","doi":"10.1017/err.2024.20","DOIUrl":"https://doi.org/10.1017/err.2024.20","url":null,"abstract":"Since its inception, the inter-state dispute settlement system of the World Trade Organisation has generally been praised for effectively protecting the rule of law in international trade relations. While the relatively recent dismantling of this system does not necessarily mean the end of the WTO nor of the binding nature of its rules, the current crisis may be a good opportunity to reconsider the role of the rule of law in international trade relations and the ways in which it could further be accommodated. One suggestion, occasionally raised in the past, would be strengthening the enforcement of WTO rules by opening it to private action, either before national courts or through international adjudication. After all, the latter has been widely available to foreign investors covered by thousands of international investment agreements in force for decades. This contribution recalls the reasons behind the current lack of private enforcement of WTO law and argues that developments in international trade relations and experiences with investor-state dispute settlement are likely to work against rather than in favor of its introduction in the foreseeable future. Increased transparency and institutionalisation of non-state actors’ role in trade enforcement is therefore recommended instead.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"54 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140634921","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

Consumer Decision-Making Autonomy in the Digital Environment: Towards a New Understanding of National Courts’ Obligation to Assess Ex Officio Violations of Fair Commercial Practices 数字环境中的消费者决策自主权：实现对国家法院评估依职权违反公平商业惯例的义务的新理解

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-04-19 DOI: 10.1017/err.2024.11

Zanda Davida

{"title":"Consumer Decision-Making Autonomy in the Digital Environment: Towards a New Understanding of National Courts’ Obligation to Assess Ex Officio Violations of Fair Commercial Practices","authors":"Zanda Davida","doi":"10.1017/err.2024.11","DOIUrl":"https://doi.org/10.1017/err.2024.11","url":null,"abstract":"Digitalisation has changed traders’ possibilities of influencing the autonomy of consumer choice in the digital environment. The digital market of the European Union involves a wide spectrum of commercial practices – such as dark and addictive patterns, target advertising and personalisation – that nudge consumers to take decisions that are not in their favour. One of the main aims of the Unfair Commercial Practices Directive 2005 is to protect the freedom of consumer decision-making. However, currently, the Directive’s capacity to safeguard consumer choice in the digital environment is not sufficiently effective. Through the lens of law prohibiting unfair commercial practices, this article analyses the means available to consumer courts to strengthen consumer decision-making autonomy in the digital environment. The article argues that regulation of prohibition of unfair commercial practices regarding the digital environment should be modernised by obliging – in certain circumstances – national courts ex officio to assess violations of fair commercial practices and by reversing the burden of argumentation and proof.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"100 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140630061","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

De Facto Rule-Making Below the Level of Implementing Acts: Double-Delegated Rule-Making in European Union Electricity Market Regulation 实施法案层面以下的事实规则制定：欧盟电力市场监管中的双重授权规则制定

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-04-19 DOI: 10.1017/err.2024.15

Torbjørg Jevnaker, Karianne Krohn Taranger, Per Ove Eikeland, Marie Byskov Lindberg

{"title":"De Facto Rule-Making Below the Level of Implementing Acts: Double-Delegated Rule-Making in European Union Electricity Market Regulation","authors":"Torbjørg Jevnaker, Karianne Krohn Taranger, Per Ove Eikeland, Marie Byskov Lindberg","doi":"10.1017/err.2024.15","DOIUrl":"https://doi.org/10.1017/err.2024.15","url":null,"abstract":"Within the area of electricity market regulation, a practice has emerged in which the chain of delegation has gone beyond the European Commission, resulting in double delegation. During 2015–2017, the European Commission adopted implementing regulations requiring detailed European terms, conditions and methodologies (TCMs) for electricity markets and system operation to be jointly adopted by national energy regulators. Should the latter fail to agree within a predefined time limit, rule-making would move to the Agency for the Cooperation of Energy Regulators. This rule-making procedure entails that, depending on the dynamic within the procedure, different actors would adopt the TCMs. This article examines how double-delegated rule-making unfolds in a novel and emerging practice, evolving beneath implementing acts. By analysing the factors behind whether TCMs are adopted jointly by national agencies or not, the study investigates whether this form of delegated rule-making in a network setting delivers decisions or whether rule-making by a European Union agency is needed.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"22 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140629938","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