European Journal of Risk Regulation最新文献

The European Union (EU) increasingly develops and implements policies infused with salient and sometimes conflicting values – for instance, in migration and criminal law cooperation. However, policy implementation studies have not frequently considered how such complex value trade-offs may affect practical implementation within Member States. This article therefore quantitatively and temporally examines the practical implementation of an EU flagship criminal law measure: the simplified extradition system known as the European Arrest Warrant (EAW). Using data on EAWs decided upon by the Dutch Amsterdam District Court, we test the impact of value trade-offs by examining whether (newly introduced) safeguards for the protection of requested persons adversely affect system efficiency (measured through case turnover times). The results suggest that the design of legal tests and adjustments made to the EAW system over time through the Court of Justice of the European Union affect the balance between fundamental rights protection and efficiency in the practical implementation of the EAW.

A financial services supplier authorised in its home state that wishes to supply services cross-border into another state will, absent any relief, have in addition to meet the regulatory requirements of that host state to trade in it. Regulatory frictions including duplicative regulatory requirements are barriers to cross-border trade. This article considers certain techniques deployed to reduce such barriers, noting that trust plays a part in many of them. These techniques grant relief to incoming firms from obligations to comply with the regulatory requirements of a host state. They may take the form of unilateral arrangements, with or without any conditions. There may be assessments of equivalence as a basis for relief from compliance with the host state’s rules: deference to the home state’s regime, a basis for recognition, whether unilateral or mutual. Recognition may be given effect through a party’s domestic laws or in international law under the General Agreement on Trade in Services (GATS) Article VII. A GATS Article VII agreement can relieve regulatory frictions in the financial services sector alone as there is no requirement for “substantial sectoral coverage” as required for regional trade agreements under GATS Article V. Mutual recognition agreements for financial services in international law are, however, few in number.

Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.

As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.

One of the most significant recent trends in global trade governance has been the increasing use of regulatory “reliance” arrangements as a significant element of trade alliances. Against this backdrop, an important set of questions are raised about how existing institutions of global trade governance – especially the World Trade Organization and international regulatory standards organisations – should respond. To what extent, and how, should such institutions facilitate reliance arrangements? And what role can they usefully play in overseeing and guiding their use? This paper begins to answer these questions through a focused case study of regulatory reliance in the agrifood sector. Four challenges are identified regarding the implementation of such arrangements: the high costs of establishment and maintenance; the lack of agreed and reliable assessment methodologies; the potential for arbitrary discrimination between trade partners; and the difficulties of dealing with regulatory change over time. In light of these challenges, the paper assesses the work of existing international organisations in governing reliance arrangements in the agrifood sector. The paper concludes with a number of preliminary suggestions as to how this architecture of global governance might be supplemented or harnessed to address some of the challenges posed by reliance arrangements.