bluuebunny/crossref_metadata_2025 huggingface dataset:
The European Ombudsmans Role as a Developer of Norms of Good Administration
Authors: de Leeuw Magdalena Elisabeth
Published: April 2022

European Ombudsman, the principle of good administration, norm development, European Code of Good Administrative Behaviour, ethics.

This article analyses and discusses the role of the European Ombudsman (EO) as a developer of norms of good administration. Empirical research conducted by the applicant reveals that the EO is actively creating norms of good administration in his decisions on individual complaints. In this article, the normative view will be advanced that the EO has his own task and responsibility in respect of the review of administrative behaviour, which is different from the task and responsibility of the Court. Administrative bodies do not only have to act lawfully but also in accordance with the principle of good administration. In the author's view, the EO has his own responsibility in autonomously developing the ethical standard of good administration and developing norms of good administration and to review administrative behaviour for compliance with that standard. However, not everybody shares the view that the Ombudsman should do something else than the Court. Moreover, objections have been raised against standard-setting activities by the Ombudsman, questioning his democratic credentials and maturity. If the Ombudsman embraces the new view in respect of his role as a creator of norms of good administration, he would have to adapt his current mode of operation in a number of respects.
Better Regulation by Appeal
Authors: Schuurmans Ymre , Voermans Wim
Published: April 2022

This paper looks into the way in which appeal and judicial review by the European Union (EU) Courts are or can be (made) instrumental to Better Regulation (BR). We examine the way EU Courts review EU legislation before and after the Lisbon Treaty and try to think through the possible consequences the Treaty changes of 2009 have. On this occasion, we take a closer look at the interesting and more or less parallel development of judicial review of non-primary legislation in the United States under the Administrative Procedure Act and the way judiciary review on individual appeal has been transformed into a cornerstone for BR. Is a similar development probable, if indeed advisable, in the EU?
Can Russian Citizens Influence Public Decision-Making? An Evaluation against the Background of Article 25 of the ICCPR with Some Comparative Observations
Authors: Riekkinen Mariya
Published: April 2022

In the context of international participatory standards, this article attempts to explore whether the contemporary legal system of the Russian Federation allows substantive public participation.

The answer to this question is yes but only if effective remedies to protect participatory rights would be developed. International standards are gradually being implemented in Russia regarding those modes or ways in which the citizens can publicly express their attitudes concerning political issues. Exercising the freedom of speech, assembly, and association in order to participate in public affairs are among such ways. Nonetheless, sometimes the dubious actions of public authorities, revealed in the workings of the highest Russian courts and international human rights organs, still reveal shortcomings in the implementation of participatory rights.
Former President Guilty of Sexual Crimes: Some Constitutional Thoughts Following the Katzav Affair
Authors: Navot Suzie
Published: April 2022

As these lines are written, Moshe Katzav, the former President of the State of Israel, is in jail. He was imprisoned at the conclusion of a long legal proceeding, the first of its kind ever to be conducted against a president. Moshe Katzav, was convicted of rape and additional sexual harassment offences, and was handed down a seven-year prison sentence. His appeal with the Supreme Court was dismissed.

Known as the 'Katzav Affair' - the story triggered a public storm in Israel that continued for many months, ending almost four years after it began. In the course of the affair, while being suspected of sexual crimes, President Katzav refused to resign and actually used the presidential office as a platform to lash an unprecedented attack against the law-enforcement authorities and the media.

The Katzav affair exposed a number of anomalies and lacunae in Basic Law: The President. This paper addresses these issues and analyses a few of the constitutional aspects of the case.
The Guiding Hand Model as a Technique of Regulation
Authors: Giglioni Fabio
Published: April 2022

This paper aims to identify the policies on which collaborative relationships between public and private bodies are founded, starting with new initiatives from the United Kingdom and extending to the European Union (EU) framework. More specifically, this paper is interested in ascertaining if relationships other than the ones based on free market, competition and competitive tenders are effectively supported even outside the traditional welfare sectors. Exploring these aspects in legal systems favouring a liberal approach, such as the United Kingdom and the EU, and in varying fields, both industrial and social, allows us to draw some general conclusions on the range of the techniques of regulation. The argument is that given the liberal legal systems' techniques of regulation based on cooperation, it is remarkable to highlight it in order to understand better the complex framework of the emerging relationships between public and private bodies. The variety of fields where the cooperative models can be found strengthens the conclusion on the validity of the argument that this paper intends to advocate.
Possible Developments of Article 298 TFEU: Towards an Open, Efficient and Independent European Administration
Authors: Nieto-Garrido Eva
Published: April 2022

The aim of this paper is to contribute to the debate on whether EU law needs a regulation on a common administrative procedure and, if so, on what its content and scope could be. If an EU administrative procedure regulation is adopted under the legal basis contained by Article 298(2) TFEU, it shall answer in the first place to the principles of Article 298(1) TFEU: to an open, efficient and independent European administration. In doing so it will develop mainly the right to good administration but also the rights of access to documents and to protection of personal data.
Shortcomings of the Energy Market Liberalization in the European Union
Authors: Nowak Bartlomiej
Published: April 2022

The nature and number of infringement procedures started by the European Commission across the European Union clearly reveals the insufficiencies of the EU energy legal framework laid down so far by the EU secondary law. So, too, does the disappointing pace at which the European electricity and gas markets have been opened to competition and harmonized across national borders. What are the main obstacles to healthy competition in both gas and electricity markets? They include highly concentrated markets, the protectionist policies of domestic government's, different import dependences, the vertical integration of supply, generation, transmission and distribution, infrastructural obstacles to equal third party access, insufficient investment in domestic infrastructure and cross border interconnections and lack of independent energy regulators.
Rights and Remedies in Implementation of EU Policies by Multi-Jurisdictional Networks
Authors: Tidghi Morgane
Published: April 2022

De-central implementation of EU policies is increasingly undertaken by administrative networks linking Member States and EU bodies. Such joint implementation procedures are designed primarily to allow for effective gathering and sharing of information across jurisdictional borders but their procedural design is not without consequences for constitutional values, the protection of rights of individuals and a workable system of remedies. This article identifies such consequences and challenges of network administration for constitutional rights and principles. It then explores some possible approaches for the structural, organizational and procedural design of de-central implementation of EU policies through executive networks.

De-central but integrated implementation of EU law and policy has become the norm in most EU policy areas. Member States and EU bodies have established networks of joint gathering, use and exchange of information providing the basis of decision-making procedures in many policy areas. This article, first, looks at the origin and the growth of the phenomenon as well as its sometimes unintended consequences for individuals. The latter are not only the criteria for legality. More actively, they also require that any specific design of the system of implementation of EU policies further their realization. In line with these considerations, the second part of this article has the goal of discussing various possible remedies capable of ensuring the protection of individual rights and constitutional principles against the background of multi-jurisdictional, integrated implementation of EU law.
Margin of Appreciation, Violation and (in) Compatibility: Why the ECtHR Might Consider Using an Alternative Mode of Adjudication
Authors: Zoethout Carla M.
Published: April 2022

Despite its success as a transnational court, the European Court of Human Rights has become a much-disputed institution over the past decade, one of the reasons being its frequent references to the 'margin of appreciation'. The use of the doctrine and its effects are often unpredictable, resulting in a questioning of the legitimacy of the Court and a renewed reflection on the role of the Court vis-à-vis the Member States of the European Convention.

In order to contribute to rethinking this role, this article suggests an alternative mode of review as a supplement to the existing forms of adjudication by the Court. By means of three cases studies it will be illustrated that the margin of appreciation doctrine often lacks a clear outcome regarding the Convention standard. The result is a weakening of the (constitutional) position of the Court under the Convention system. An alternative mode of adjudication for the Court seeks to strengthen this position. The new form of review enables the European Court of Human Rights to act as a 'constitutional court' and set a standard for the Member States, without unduly infringing state sovereignty.
The Unbearable Lightness of a Piecemeal Approach. Moving Public Policy or Public Security Offenders in Europe
Authors: Pistoia Emanuela
Published: April 2022

The purpose of this article is twofold: to consider the relation between criminals who take advantage of their freedom of movement as European citizens and the State whose public policy or public security is violated by way of their crime; and to cast light on how this may impact the freedom of movement itself and, ultimately, the significance of European citizenship. To date, two sets of EU rules adversely affect the freedom of movement in the interest of protecting public policy and public security: those traditionally labelled as 'restrictions to the freedom of movement and residence', currently laid down in Directive 2004/38, and those in the European Arrest Warrant, established in Framework Decision 2002/584.The EU Institutions have apparently adopted a piecemeal approach in this field due to the different purposes of the two relevant sets of rules. This article reviews such piecemeal approach by comparing certain parallel aspects of Directive 2004/38 and Framework Decision 2002/584: this covers, first, the objective grounds for expulsion or for surrender respectively established therein, and second, the subjective limits applicable to criminals or alleged criminals settled in the host/executing State.
The Federal Constitutional Court and European Integration
Authors: Huber Peter M.
Published: April 2022

The Federal Constitutional Court (FCC) started to deal with European integration in the 1970s. Over the past forty years it has produced quite a long line of jurisprudence on different aspects of European integration and the Europeanization of the national legal order. Though the political, economic and institutional circumstances have shifted from the protection of human rights to the protection of the democratic institutions of the nation state and the maintenance of the Union's legal order, the cornerstones of the Court's approach to European integration have remained unaltered: national legislation as a basis of European integration, the principle of conferral as an emanation of national sovereignty and the maintenance of the national constitutional identity (constitutional law based approach).
Reforms to Lessen the Influence of the European Court of Human Rights: A Successful Strategy?
Authors: Lambrecht Sarah
Published: April 2022

This article focuses on reform efforts at the national and European level to lessen the influence of the Strasbourg Court's case law. The article aims to determine to what extent this strategy will be successful. On the one hand, two reform proposals to shield the influence of the European Court of Human Rights (ECtHR) through changing the dynamics at the national level are examined, namely the pending proposal to replace the Human Rights Act 1998 (HRA) with a home-grown Bill of Rights and the pending proposal in the Netherlands to extend the ban of judicial review to international treaties. The UK reform proposal is the most likely to come into being. The Dutch reform proposal should instead be interpreted as a warning shot, since it is very unlikely to pass. Irrespective, this reform proposal would be a successful, albeit very drastic, measure to reduce the influence of the Strasbourg Court. On the other hand, current efforts to reform the European level of rights protection are analysed with an emphasis on reform proposals pressing the need for more subsidiarity and a broader margin of appreciation. These efforts resulted in Protocol 15, which has the ability to lessen the influence of the Strasbourg Court, although the Court has plenty of tools available to not let Protocol 15 result in lessening of its influence.
Fundamental Rights Review of National Measures: Nothing New under the Charter?
Authors: Snell Jukka
Published: April 2022

The case law under the Charter on the use of EU fundamental rights to scrutinize national measures represents a continuation of the earlier jurisprudence. The wording of Article 51(1) Charter of Fundamental Rights has not resulted in a general rollback of EU fundamental rights. However, the Charter has focused attention on the issue, has resulted in important new guidance and some streamlining of the case law, and will make it hard for the Court to push the jurisprudence further. The normative justification for the Wachauf type cases can be readily found and has been convincingly articulated by the Court. This does not mean that it will be easy to decide whether the connection between the EU rules and the national measure is sufficient to count as implementation, but the Court has helpfully distilled factors to be taken into account. By contrast, the normative justification for ERT type cases is more difficult to establish. This case law represents a far-going interference with national legal systems. The standard explanation, that since derogations are creatures of Union law, EU fundamental rights must apply, fails to convince. The Court is expressing its distrust of national systems of fundamental rights protection. Unfortunately the distrust may be warranted, and the political system of the EU may not be well equipped to correct matters. The case law can be defended as a judicial remedy for the failure of the political, but needs to be applied with care.
Judicial and Political Power: Where is the Dividing Line?: A Praise for Judicialization and for Judicial Restraint
Authors: Chiti Mario P.
Published: April 2022

Over the past years the role of judges has been expanding worldwide, even on constitutional and political issues. This development is highly debatable, but the paper considers it as inevitable in any jurisdiction: national, supranational and international. Judicialization is also the main consequence of a new cosmopolitan legalism. However, there remain some relevant peculiarities of the different judges, and ambiguities of the international courts. In any case, it is excessive to speak of a ‘Rule of Judges’ or of a ‘Juristocrocacy’. The paper concludes that the judges should use their wide powers with a wise moderation.
Regaining Sovereignty? Brexit, the UK Parliament and the Common Law
Authors: Gee Graham
Published: April 2022

In this paper, we compare how the term ‘sovereignty’ was used by MPs in parliamentary debates on the European Communities Bill in 1971–1972 and the European Union Bill in 2011. In both cases, the language of sovereignty was often a placeholder for deeper concerns about the erosion of the political power exercisable by domestic political institutions. Comparing parliamentary debates separated by almost forty years reveals a shift from concerns primarily about the erosion of sovereignty by the law-making powers of European political institutions towards concerns about its erosion by the courts, and the domestic courts at that. We reflect on these concerns to evaluate whether a possible UK withdrawal from the EU would lead to a ‘regaining’ of sovereignty.
German Constitutional Law Cases 20122015
Authors: Nägele Carl
Published: April 2022

This contribution presents case law from the German Federal Constitutional Court (FCC – BVerfG) in the period of 2012–2015 which has been selected for its importance for an international audience. It covers the referral of the case on the Decision of the Governing Council of the European Central Bank of 6 September 2012 on Technical Features of Outright Monetary Transactions (section 1), as well as decisions on the wearing of a Muslim head scarf by female teachers (section 2) and on parliamentary rights of the Federal Parliament (Bundestag) regarding the deployment of the German armed forces abroad (section 3).
Administrative Law and Human Rights Standards in Legal Aid: An Overview with Examples from Finland and England & Wales
Authors: Barlow Anna
Published: April 2022

The majority of writing on legal aid is from a socio-legal or political perspective and little attention has been paid to legal aid as a branch of administrative law. This is an important failing as the legal aid requirements imposed by international human rights law do not only relate to the scope of legal aid, but also establish parameters for the administration of legal aid schemes. These requirements may be met directly within the specific legislation governing legal aid, but in some instances rely on the application of general domestic administrative law principles. Employing a comparative approach, this article explores some of the connections between administrative law, international human rights law and the provision of legal aid, using the jurisdictions of Finland and England & Wales as examples. Good protection of the relevant international human rights standards is provided in Finland through a robust administrative law system which contains a clear set of basic principles and is directly applicable to the making of decisions on legal aid. In England & Wales administrative law principles are not as helpful; however the manner in which administrative law acts upon discretionary decision-making in that jurisdiction means that strengthening administrative law principles might not have much impact on legal aid administration. In such a situation subject-specific legal aid legislation must be relied upon to meet human rights standards.
International Delegation in the Swedish Constitution
Authors: Åhman Joachim
Published: April 2022

It has become rather common for States to enter into international agreements where an external body, often an international organization, is given the right to make decisions binding on the States under international law. This is often referred to as ‘international delegation’, and the prime example is of course the European Union. Such agreements may affect the States’ sovereignty in different ways, and therefore, there may be good reasons for a State to have a constitutional regulation limiting the possibilities to delegate decision-making authority. In Sweden, this type of regulation can be found in Chapter 10 of the 1974 Instrument of Government. This article contains an analysis of how the Swedish regulation is constructed, taking into account both a national constitutional law perspective, and an international law perspective. The main conclusion is that the construction is problematic, since an international delegation is treated more or less like a delegation from one internal body to another. The architects of the regulation do not seem to have taken into account the international law perspective to any larger extent. Three aspects of the problem are highlighted in the article, and a few suggestions on how the regulation could be changed are made.
The ECBs Supervisory Board Under the Single Supervisory Mechanism (SSM): A Comparison with European Agencies
Authors: Weismann Paul
Published: April 2022

This article is about the institutional localization of the Supervisory Board which was established as the main EU actor within the Single Supervisory Mechanism (SSM). Organizationally belonging to the European Central Bank (ECB), it operates separately from the rest of the ECB, so as not to interfere with its monetary branch which shall be independent according to primary law. This distinctive position in conjunction with its personal composition and the fact that the tasks/powers are exercised in cooperation with national supervisors bear resemblance to European agencies. A comparison with this category of EU bodies in terms of legal basis and tasks/powers, composition, independence, and accountability reveals a number of similarities. The Supervisory Board’s peculiar legal basis, its belonging to the ECB and, consequently, its lacking of legal personality clearly distinguish it from European agencies. The Board remains to be unique in the administrative space of the EU. In some respects, however, – for example the internal organization of the Board or the way of sharing powers between the EU and the Member State level – the arrangements underlying the Board, and the SSM more generally, may serve as a source of inspiration for future agencies.
Public-Private Cooperation and Judicial Review: A Case Study Drawn from European Infrastructure Projects
Authors: Van Garsse Steven , Marique Yseult
Published: April 2022

National administrative law traditions are changing under the influence of socio-economic factors and the Europeanization of legal norms. To illustrate this evolution this article discusses the roles of judges in three European major transport infrastructure projects in England, France and Belgium where long-term public-private cooperation was developed and strong public opposition voiced. Public-private cooperation to develop infrastructure projects is not new. EU financial requirements and EU procurement directives, though, constrain more than ever how these public-private cooperations can be contractually designed, while EU sectoral legislation may offer new opportunities for public-private cooperation. In parallel, citizens are entitled to be involved in large projects affecting the environment and no longer mainly seek protection for their individual property rights. These changes illustrate the changing role of private parties (economic actors and citizens) in major infrastructure projects. They also result in public bodies endorsing an increasingly supervisory and monitoring role while not having the suitable skills, resources or information in-house to do so. These adaptations under the pressure of socio-economic and political concerns call for administrative law to revisit the role that judges play in adjudicating issues arising from these complex publicprivate contracts, where public bodies and private parties are locked together for a long term and where changing the relationship is extremely expensive for the public purse.
An Expanding Frontier of Administrative Law: The Public Life of Private Actors (A Functional Approach)
Authors: Barnes Javier
Published: April 2022

This exploratory Article proposes to extend the reach of administrative law, in the form of public law principles, to private actors performing public services and regulatory activities without delegated executive power. These general principles seek to govern the relationship between these private actors and third parties. The administrative law-like principles to be applied by private actors vary from case to case. Some of them are transparency, impartiality, expertise, representativeness, reason giving, proportionality or antidiscrimination. In other areas, requirements of due process are imposed and arbitrary and unreasonable conduct is not permitted. To understand the reasons for the application of public law principles to those private bodies it should be borne in mind that non-state actors affect members of the public to a significant degree, and that public authorities and the private sector share responsibilities in such areas because they do not work in isolation. Ultimately, if public authorities are subject to legal principles inherent to public services and regulatory activities, it may be expected that private bodies act before third parties in a comparable, equivalent and compatible manner to that of the public authorities, in that all of them are part of a more holistic whole. This expansion of principles has two immediate consequences: (1) public law principles complement private law as long as private bodies perform these activities, and (2) a new layer of administrative law scholarship becomes functional: it is the nature of the activity being exercised and not the actor that determines for the application of these principles.
National Parliaments and Political Control of EU Competences: A Sufficient Safeguard of Federalism?
Authors: Öberg Jacob
Published: April 2022

It is clear that the formal inclusion of the national parliament as a political actor within the EU decision-making process has been one of the most important innovations of the Lisbon Treaty. Their role, however, remains controversial. It is on the one hand disputed whether national parliaments enjoy sufficient powers to tame ‘competence creep’. On the other hand, it is contested to what extent it is desirable that they should become involved as a legislative actor in the EU’s decision-making procedure. This essay contributes to these debates by critically examining to what extent national parliaments can contribute to the enforcement of the subsidiarity principle. The article contends that national parliaments by having taken a too expansive view of their remit under Protocol No 2 appears to have ‘misunderstood’ their role within the EU- decision making procedure. Notwithstanding this, it is sustained that national parliaments could, in the absence of other trustworthy safeguards of federalism, be seen as a promising avenue for legitimate political control of the exercise of EU competences
Is the Climate Change Act 2008 a Constitutional Statute?
Authors: Muinzer Thomas L
Published: April 2022

This study poses a question: can the UK’s Climate Change Act 2008 (CCA 2008) be construed as a ‘constitutional statute’ in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a ‘constitutional statute’, but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.
Constitutional Review and the Economic Crisis: In the Courts We Trust?
Authors: Kombos Constantinos
Published: April 2022

A reflection on the constitutional effects of the economic crisis is now both possible and useful. The paper assesses the judicial reaction to the national and EU measures introduced for containing the economic crisis. The focal point of analysis is the intensity of review and the judicial justifications given during that period. The working hypothesis is that the jurisprudence is characterized by the utilization of the ‘crisis vocabulary’, by the application of a low intensity review yardstick, by the application of a narrower in scope version of the principle of proportionality and by the wide margin of discretion recognized for the decision-maker. The analysis concludes that the jurisprudence was not uniform; significant differentiations exist both in approach and in the impact of the relevant case law on the respective legal order. The courts are divided between those of Member States and supranational courts (CJEU and ECtHR). The CJEU approached the matter in jurisdictional terms and formalistically, thus placing the burden on the national constitutions. The Strasbourg court applied the margin of appreciation doctrine, thus limiting review to cases where the impact of the legislative measures resulted in danger to survival. On the other hand, the national courts are classified as either ‘lenders’ (Germany) or ‘borrowers’ (Greece, Portugal and Cyprus). Constitutional review in fuller effect can be found in the German example, while in the case of ‘borrowers’ the national courts faced a moral and existential dilemma. The result was that crisis laws were approached as requiring light review, thus transforming national legal orders and unsettling the equilibrium of constitutional coexistence. National constitutional orders were transformed and the courts were placed in the impossible position of adjusting constitutional review to the economic needs. During the crisis, pragmatism became the new norm.
PublicPrivate Partnerships for Urban Development: Stakeholder Views in Slovenia
Authors: Bugaric Bojan , Fikfak Alenka , Nikšic Matej , Mujkic Sabina , Konjar Miha , Grom Janez Peter , Koritnik Boštjan , Blaganje Mitja , Pirnat Rajko , Plicanic Senko
Published: April 2022

The Public–private partnership (PPP) is an important instrument in planning and implementation of public infrastructure projects, including urban projects that influence the dynamics of urban development. Implementation of development oriented urban projects is crucial for raising the quality of life and preserving the competitiveness of cities. City municipalities (The Local Self-Government Law (2007) defines a municipality as a city municipality if its city centre has at least 20,000 inhabitants, offers at least 15,000 jobs, and is the economic, cultural and administrative centre of the region. There are eleven city municipalities in Slovenia.) in Slovenia have adopted so-called Sustainable Urban Development Strategies (SUDS) that define the main goals of the desired development in the form of visions. Achieving these goals depends on the performance or ability to implement projects in practice. Municipalities are facing a number of challenges in this regard. One of the major issues is financing – due to fiscal constraints municipalities are unable to implement certain important projects with their own funds or are forced to extend the implementation timetables in accordance with their financial capabilities. One of the mechanisms for the development of such projects is PPP. The Public–Private Partnership Act (Public–Private Partnership Act, Official Gazette of the RS, no. 127/06, 2006.) was adopted in 2006 with the aim of enabling the use of private resources in the implementation of projects of public interest. In Slovenian practice, the PPP mechanism has not been fully implemented or has not produced the desired results in the development of urban space. On the basis of interviews conducted with representatives of city municipalities and investors, the article analyses the causes of present situation and proposes solutions for a wider expansion of PPPs.
Risks and Risk Transfer in Concessions
Authors: Cartei Gian Franco
Published: April 2022

Concession and PPP Contracts, risk
An EU Comparative Analysis of the Regulation of Clinical Trials Supervisory Bodies in the Aftermath of Regulation 536/2014
Authors: de Miguel Beriain Iñigo , Chortara Theodora , Duardo-Sánchez Aliuska , Feeney Oliver , Felzmann Heike , Fernández de Uzquiano Emma , Lievevrouw Elisa , Marelli Luca , Mattsson Titti , Rothmar Herrmann Janne , Minssen Timo , Pulice Elisabetta , Lúcia Raposo Vera , Robienski Jürgen , Penasa Simone , Van Hoyweghen Ine
Published: April 2022

The new EU regulation on clinical trials is intended to promote a greater level of harmonization of European Union rules in this area. However, it does not elaborate a common normative framework regarding the functioning of research ethics committees, leaving this responsibility to the Member States. This article offers a comparative analysis of the resulting regulatory situation. It demonstrates that this scenario is defined by considerable variability in the regulation of ethics monitoring between the EU Member States. We argue that this disparity should not necessarily be a negative factor for theoptimization of the trial supervision regime in the EU.Moreover, we consider that it may be a stimulus for the achievement of excellence in the performance of this monitoring task. On the other hand, we also highlight risks for the rights of participants if an adequate monitoring framework is not ensured. Under these circumstances, we observe how the EU faces a dilemma. On the one hand, it may promote a rigid uniformity between the regulation of ethics committees between Member States, but this might diminish the quality of their performance.On the other hand, it may opt for maintaining the current situation, but this might increase differences in the performance of the ethics committees between Member States, including the number trials performed by country. A third option would be to allow the competitive framework to remain for a set period of time, in order to learn from the best practices reached in individual Member States before finally harmonizing national legislative provisions on this basis.

ethics committees, clinical trials, Regulation on clinical trials, regulatory competition
Sunday Dinners and Hot Baths in a ‘Wild Wild North’? The Nordic Discussions on Lobbying Regulation and Implications for the EU Transparency Agenda
Authors: Korkea-aho Emilia
Published: April 2022

The Nordic countries are known as frontrunners of transparency, and the European Union’s transparency regime owes many of its ideals, if not the reality, to Northern influences. Nonetheless, although perceived as a transparency-enhancing measure, none of the Nordic countries has adopted lobbying regulation. Assessing the Nordic parliamentary and governmental debates from the 1980s onwards, this article offers an analysis of a complex relationship between legislative transparency and lobbying regulation in the five countries. The Nordic countries have different ideas of whose transparency lobbying regulation is meant to increase. In Sweden, Denmark and Norway, lobbying regulation is seen as a policy measure to enhance transparency about lawmakers’ activities, while the Icelandic and Finnish debates consider lobbying regulation as a way to increase information about the role lobbyists play in law-making. Although all the Nordic countries exhibit varying degrees of an elitist small country mentality where lobbying regulation would interfere with ‘informal governance’ by way of Sunday dinners and hot baths, the difference in transparency emphases is crucial. It helps to understand the divergent Nordic policy paths and to contextualize both EU and Member State discussions on lobbying regulations and transparency.

EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law
National Constitutional Identity Ten Years on: State of Play and Future Perspectives
Authors: De Witte Bruno , Fromage Diane
Published: April 2022

This introductory article lays out the background of the inquiry proposed by the contributions of this special issue, while also presenting its main findings and adopting a forward-looking stance. To this end, it first briefly recalls what the origins of the identity clause are, before it discusses what meanings this clause could have. Subsequently, the main conclusions of the various articles are presented. The final part concludes by restating that national identity remains an undefined concept, which can only be defined on a case-by-case basis by means of dialogue between national and European courts.

National identity – constitutional identity – constitutional courts – European Court of Justice – judicial dialogue
Book Review: Christian Calliess & Gerhard van der Schyff (Eds), Constitutional Identity in a Europe of Multilevel Constitutionalism (Cambridge: Cambridge University Press. 2020)
Authors: Paris Davide
Published: April 2022

Constitutional identity, EU law, constitutional law, EU member states
Has Social Modernisation a Future? Adventures and Misadventures of the French Act of 17 January 2002 on Social Modernisation
Authors: Laborde Jean-Pierre
Published: April 2022

Abstract: This paper traces the implementation of labour market reforms in France, with particular reference to the Social Modernisation Act approved by the centre-left government in January 2002. Whereas the new centre-right government elected in June 2002 has ‘softened’ earlier legislative provisions for the 35-hour week, case law has actually extended redundancy provisions. Significant parts of the Social Modernisation Act have been suspended by a sort of Sleeping Beauty measure for an 18-month period, and the Government’s intention is for the social parties to negotiate the terms of new legislation, in spite of the employers’ apparent reluctance to engage in such negotiations. Against this backdrop, the author outlines a possible scenario for the future of collective bargaining.
The End of Labour Quiescence? Industrial Unrest in Contemporary Lithuania
Authors: Woolfson Charles , Beck Matthias
Published: April 2022

Abstract: Current research tends to suggest that industrial relations in Central and Eastern Europe are characterized by a pattern of labour quiescence. Focusing on four recent industrial protests in Lithuania, this paper argues that high levels of material deprivation, the aggressive pursuit of neo-liberal policy agendas and repressive trade union legislation are now undermining this pattern of labour quiescence. The paper concludes that the emergence of a politicized class-orientation in industrial protests in Lithuania, which is paralleling these developments is offering opportunities to trade unions to reposition themselves in the context of the post-accession enlarged Europe.
The Development of Labour Disputes and the Regulation of Industrial Relations in China
Authors: Cheng Yanyuan
Published: April 2022

Abstract: Using the labour dispute mediation and arbitration data in the China Labour and Social Security Statistical Yearbook, this paper analyses and describes the development of labour disputes in China since the Labour Law came into effect. It shows that under the influence of many factors, labour disputes in China will continue to increase and be characterized by an increase in collective disputes and antagonism, and conflict between competing interests. This paper puts forward some suggestions and policy ideas for directing and regulating labour relations effectively and improving the labour dispute resolution system.
Why the German Labor Market is Failing
Authors: Siebert Horst
Published: April 2022

Abstract: This paper looks at the institutional structure of the German labor market and analyzes why Germany’s present set-up produces unemployment. A high reservation wage, i.e. the wage that unemployed people are prepared to work for, determined by the level of government support, has dried up the lower segment of the labor market. Social security contributions represent a tax on labor and provide an incentive for firms to reduce jobs. In addition, the wage policy of the trade unions has overtaken full employment productivity growth. The paper also describes and evaluates the reforms undertaken in Germany to deal with these causes of unemployment.
The Right to Bargain Collectively: an International Perspective on its Extent and Relevance
Authors: Rojot Jacques
Published: April 2022

Abstract: It is generally assumed that collective bargaining is a ‘good thing’, a worthwhile goal to be pursued in itself that provides benefits in both the economic and political areas. The aim of this paper is to look more closely at limitations to the right to bargain collectively in various countries and to define more clearly the role it can play, as well as its relevance as a generally applicable concept. After an attempt to provide a definition of collective bargaining, that is often missing in discussions, the paper examines the following points: the limited scope of collective bargaining as a process among others, the limited role assigned to it by many legal systems, and the obstacles that it may constitute to National Economic Policy. Moreover, the transformations in the process and substance of collective bargaining, that weaken its impact, are discussed, as well as ideological obstacles that stand in its way. Finally, the specific case of developing countries is considered. In conclusion, doubts are raised about whether the prospects for European collective bargaining are really as promising as was once thought.
Tripartite Bargaining and its Impact on Stabilisation Policy in Central and Eastern Europe
Authors: Terletzki Peggy , Matthes Claudia-Yvette
Published: April 2022

Abstract: In this paper we examine the impact of self-imposed governmental constraints (by tripartite arrangements) and the timing of reforms (window of opportunity) on the successful implementation of large-scale reforms (fiscal stabilisation policy) in seven Central and Eastern European Countries. By analysing different sources and conducting interviews with experts and members of the tripartite councils, we consider the impact of tripartite structures on the government decision-making process in Bulgaria, Estonia, the Czech and Slovak Republics, Hungary, Poland and Slovenia. Our findings indicate that the early and continuously stabilising countries secured their policy-making by factors other than tripartite bargaining. In those countries that took a second, later approach to fiscal stabilisation, with a more confrontational style and stronger trade unions, tripartite bargaining proved to be a successful instrument.
Editorial
Authors: Schmidt Marlene , Rymkevich Olga
Published: April 2022

Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation.

And a correction in the paper by Kees J. Vos (Vol 21.3)
Measuring Regulatory Changes in Employment Protection: Labour Standards in Australia 1979 to 2000
Authors: Nyland Chris , Michelotti Marco
Published: April 2022

Abstract: The primary objective of this study is to intervene in the debate on methods to measure and compare legally mandated employment conditions by applying a recently devised numerical instrument to Federal labour standards in Australia in two points in time. In order to achieve this aim, non-parametric absolute indexes are generated for 1979 and 2000 to measure the strength of labour standards and associated changes over time. The numerical results suggest that two of the 10 standards measured, workers? compensation and collective bargaining, diminished while the indexes for equal employment opportunity/employment equity, unjust discharge, occupational health and safety and large-scale layoffs increased. The central tenet of the paper is that although the numerical data provide useful information, they should be interpreted in light of broader regulatory and policy developments that substantially reshaped the features of the Australian employment protection regime during the period considered. This is necessary because the method utilised is highly sensitive to the nature of the regulatory sources that are adopted to construct the statistical indexes.
Bargaining for Privacy in the Unionized Workplace
Authors: Hodges Ann C.
Published: April 2022

Abstract: This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights of consultation with employers and take a more proactive approach to protection of employee privacy. While this approach offers promise for achieving greater privacy for employees and more flexibility for employers, the article concludes that it is unlikely to be widely adopted in the U.S. because of the limited power of labor unions.
The Information and Consultation Directive of 11 March 2002 and its Transposition into French Law
Authors: Brill-Venkatasamy Tara
Published: April 2022

Abstract: This paper considers the likely impact of the European Information and Consultation Directive on French labour law. Examining the main provisions of the Directive, it aims to demonstrate that French law will not require substantial changes, as the national institution of comité d?entreprise already performs the functions of information and consultation, generally within the parameters of the Directive. The paper therefore provides a comprehensive overview of the composition, role and powers of the comité d?entreprise in order to see how they measure up to the requirements of the Directive.
Workers’ Involvement in Health and Safety Management and Beyond: The UK Case
Authors: Howes Victoria
Published: April 2022

It is generally agreed that employee involvement is a key element in effective health and safety management, since employees are in the best position to understand and appreciate the risks and hazards in their own environment. Some advantages include the development of a positive health and safety culture, building trust between employees and management, reducing the number of accidents and work-related illnesses and improving business efficiency. Different approaches to worker involvement have been adopted in the various European Member States. The EU legal framework, which requires employee involvement at work, does not specify any particular model of participation. Thus, it is not surprising that countries have adopted models that are the most suitable in the context of their historical, cultural, political and legal development. The paper considers and analyses the approaches to worker involvement adopted by the EU and UK, providing some examples from other Member States. It also examines the perspectives of this issue by UK employers, employees and regulators.