Abstract Climate policy requires a steep and rapid reduction of greenhouse gas emissions, which are mainly caused by fossil fuels. Advertising that promotes fossil fuels and other carbon-intensive products undermines this objective. It normalises unsustainable consumption patterns and enables producers of harmful commodities to manipulate public discourse in order to delay or derail the energy transition – for example, by spreading misinformation, deflecting responsibility and promoting false solutions. For these reasons, there are increasing calls for a fossil fuel advertising ban along the lines of the tobacco advertising ban at both the European and the Member State level. This article evaluates the legality of such bans under European law, focusing on legislative competence, fundamental rights and internal market law. It finds that a fossil fuel advertising ban can be assumed to conform to the requirements of European law, especially if it is modelled after the tobacco advertising ban.
{"title":"Promoting the Apocalypse? The Legality of a Ban on Advertising for Fossil Fuels and Other Carbon-Intensive Products under European Law","authors":"Clemens Kaupa","doi":"10.1017/err.2023.54","DOIUrl":"https://doi.org/10.1017/err.2023.54","url":null,"abstract":"Abstract Climate policy requires a steep and rapid reduction of greenhouse gas emissions, which are mainly caused by fossil fuels. Advertising that promotes fossil fuels and other carbon-intensive products undermines this objective. It normalises unsustainable consumption patterns and enables producers of harmful commodities to manipulate public discourse in order to delay or derail the energy transition – for example, by spreading misinformation, deflecting responsibility and promoting false solutions. For these reasons, there are increasing calls for a fossil fuel advertising ban along the lines of the tobacco advertising ban at both the European and the Member State level. This article evaluates the legality of such bans under European law, focusing on legislative competence, fundamental rights and internal market law. It finds that a fossil fuel advertising ban can be assumed to conform to the requirements of European law, especially if it is modelled after the tobacco advertising ban.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135557475","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}
A pharmacy offering a discount on the bulk purchase of non-specified, non-prescription medicinal products was contrary to Directive 2003/83/EC, Articles 86 and 87, which applies to promotions for non-specified medicinal products (author ’ s summary)
{"title":"Getting Specific on Non-Specificities: Case C-530/20 SIA “EUROAPTIEKA”","authors":"Elijah Z. Granet","doi":"10.1017/err.2023.55","DOIUrl":"https://doi.org/10.1017/err.2023.55","url":null,"abstract":"A pharmacy offering a discount on the bulk purchase of non-specified, non-prescription medicinal products was contrary to Directive 2003/83/EC, Articles 86 and 87, which applies to promotions for non-specified medicinal products (author ’ s summary)","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42334326","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}
Transition intermediaries are expected to play an important role in the acceleration stage of the energy transition. While existing scholarship helps us understand the role of transition intermediaries in the early stages of transitions, it remains unclear what role intermediation plays in subsequent transition stages, especially at the local level where the implementation of policies and legislation takes place. In this article, we aim to investigate how intermediation takes shape in the acceleration stage of the energy transition. Drawing on the literature on transition intermediaries and intermediation at the local level, we explore the role of transition intermediaries in two local energy projects in the Netherlands. Through extensive qualitative research, we find that various actors can act as transition intermediaries and that a single actor can fulfil different intermediary roles simultaneously. Our findings contribute to the literature on transition intermediation and urban intermediaries, emphasising the key role intermediaries play in aligning innovations with existing institutional configurations. Furthermore, we highlight their role in connecting the energy transition to broader societal developments, including through citizen involvement in local and regional governance arrangements.
{"title":"Exploring the Role of Intermediaries in the Acceleration Stage of the Energy Transition: A Comparative Case Study of Two Local Energy Projects","authors":"P. Hofman, Michiel Stapper, M. Groenleer","doi":"10.1017/err.2023.52","DOIUrl":"https://doi.org/10.1017/err.2023.52","url":null,"abstract":"\u0000 Transition intermediaries are expected to play an important role in the acceleration stage of the energy transition. While existing scholarship helps us understand the role of transition intermediaries in the early stages of transitions, it remains unclear what role intermediation plays in subsequent transition stages, especially at the local level where the implementation of policies and legislation takes place. In this article, we aim to investigate how intermediation takes shape in the acceleration stage of the energy transition. Drawing on the literature on transition intermediaries and intermediation at the local level, we explore the role of transition intermediaries in two local energy projects in the Netherlands. Through extensive qualitative research, we find that various actors can act as transition intermediaries and that a single actor can fulfil different intermediary roles simultaneously. Our findings contribute to the literature on transition intermediation and urban intermediaries, emphasising the key role intermediaries play in aligning innovations with existing institutional configurations. Furthermore, we highlight their role in connecting the energy transition to broader societal developments, including through citizen involvement in local and regional governance arrangements.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42732783","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}
This paper provides an analysis of the legal and policy foundations of the different approaches adopted by the European Union (EU) in relation to the 2015/2016 and 2022 refugee “crises”. Its main objective is to show how a risk-based biopolitical framework can bridge the gap between EU institutional narratives and the critique of Europe’s racialised governance schemes. The two “crises” have been largely shaped by a perceived need to manage risk, yet this has produced very different institutional responses, in ways that concealed their racialised dimension. Analysing how risk has been understood in the two contexts, the paper shows how their legal and policy foundations (re-)produce a racialised differential scheme. Amidst ongoing debates on reforming EU migration and asylum law, the paper also shows how the current proposals further consolidate this scheme.
{"title":"Europe’s Refugee “Crises” and the Biopolitics of Risk","authors":"Veronica Corcodel, D. Fragkou","doi":"10.1017/err.2023.45","DOIUrl":"https://doi.org/10.1017/err.2023.45","url":null,"abstract":"\u0000 This paper provides an analysis of the legal and policy foundations of the different approaches adopted by the European Union (EU) in relation to the 2015/2016 and 2022 refugee “crises”. Its main objective is to show how a risk-based biopolitical framework can bridge the gap between EU institutional narratives and the critique of Europe’s racialised governance schemes. The two “crises” have been largely shaped by a perceived need to manage risk, yet this has produced very different institutional responses, in ways that concealed their racialised dimension. Analysing how risk has been understood in the two contexts, the paper shows how their legal and policy foundations (re-)produce a racialised differential scheme. Amidst ongoing debates on reforming EU migration and asylum law, the paper also shows how the current proposals further consolidate this scheme.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42542696","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}
This piece addresses Case C-458/19 P before the Court of Justice of the European Union (CJEU) concerning a substance of long-term exposure, namely bis(2-ethylhexyl) phthalate (DEHP). The case concerned the interplay of two complex procedures of European chemical law, namely: the procedure for authorising the use of a substance listed in Annex XIV of Regulation (EC) No 1907/2006 (REACH Regulation); and the procedure for listing a substance in Annex XIV of the REACH Regulation on the basis of its intrinsic properties as a substance of very high concern for the risks it poses, or may pose, to human and environmental health. The significance of this judgment is that it provides a better understanding of how Article 60(4) of the REACH Regulation is interpreted in an analogous manner in relation to other provisions of the same Regulation. Whether DEHP is a question of reproductive toxicity (Article 57(c) of the REACH Regulation) or endocrine-disrupting properties (Article 57(f) of the REACH Regulation), this judgment offers insights into the limits of the CJEU’s willingness and/or ability to use a teleological approach to interpret legislation in this area. Furthermore, this work supports the possibility of applying the principle of intergenerational equity to issues related to long-term exposure such as this one.
{"title":"The Law Is Elastic but Does Not Bend: A Literal Interpretation of European Union Chemical Legislation Could Leave Health and the Environment Unprotected","authors":"Carme Ribes Ortega","doi":"10.1017/err.2023.41","DOIUrl":"https://doi.org/10.1017/err.2023.41","url":null,"abstract":"\u0000 This piece addresses Case C-458/19 P before the Court of Justice of the European Union (CJEU) concerning a substance of long-term exposure, namely bis(2-ethylhexyl) phthalate (DEHP). The case concerned the interplay of two complex procedures of European chemical law, namely: the procedure for authorising the use of a substance listed in Annex XIV of Regulation (EC) No 1907/2006 (REACH Regulation); and the procedure for listing a substance in Annex XIV of the REACH Regulation on the basis of its intrinsic properties as a substance of very high concern for the risks it poses, or may pose, to human and environmental health. The significance of this judgment is that it provides a better understanding of how Article 60(4) of the REACH Regulation is interpreted in an analogous manner in relation to other provisions of the same Regulation. Whether DEHP is a question of reproductive toxicity (Article 57(c) of the REACH Regulation) or endocrine-disrupting properties (Article 57(f) of the REACH Regulation), this judgment offers insights into the limits of the CJEU’s willingness and/or ability to use a teleological approach to interpret legislation in this area. Furthermore, this work supports the possibility of applying the principle of intergenerational equity to issues related to long-term exposure such as this one.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"23 6","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41309413","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}
Quantum computing research and development efforts have grown dramatically over the past decades, led in part by initiatives from governments around the world. Government quantum computing investments are often driven by national security or digital sovereignty concerns, with the language used depending on the geography involved. For example, a focus on “national security” and quantum computing is prominent in the USA, while European countries regularly focus on “digital sovereignty”. These phrases are often loosely defined and open to interpretation, and they share some common motivations and characteristics (but also have important differences). This paper identifies specific governmental entities typifying the national security/digital sovereignty perspectives, along with these organisations’ respective roles within national and international policy engagement in quantum computing. It analyses governmental structures, historical developments and cultural characteristics that contributed to this national security–digital sovereignty divide. Building on this analysis, we use the history of other technologies to illustrate how we might adapt tested policy approaches to modern political dynamics and to quantum computing specifically. We frame these policy approaches so that they do not overemphasise “digital sovereignty” or “national security”, but rather address interests shared across both concepts, with a view to facilitating international collaboration.
{"title":"Quantum Computing: Bridging the National Security–Digital Sovereignty Divide","authors":"Anders Liman, Kate Weber","doi":"10.1017/err.2023.44","DOIUrl":"https://doi.org/10.1017/err.2023.44","url":null,"abstract":"\u0000 Quantum computing research and development efforts have grown dramatically over the past decades, led in part by initiatives from governments around the world. Government quantum computing investments are often driven by national security or digital sovereignty concerns, with the language used depending on the geography involved. For example, a focus on “national security” and quantum computing is prominent in the USA, while European countries regularly focus on “digital sovereignty”. These phrases are often loosely defined and open to interpretation, and they share some common motivations and characteristics (but also have important differences). This paper identifies specific governmental entities typifying the national security/digital sovereignty perspectives, along with these organisations’ respective roles within national and international policy engagement in quantum computing. It analyses governmental structures, historical developments and cultural characteristics that contributed to this national security–digital sovereignty divide. Building on this analysis, we use the history of other technologies to illustrate how we might adapt tested policy approaches to modern political dynamics and to quantum computing specifically. We frame these policy approaches so that they do not overemphasise “digital sovereignty” or “national security”, but rather address interests shared across both concepts, with a view to facilitating international collaboration.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45807429","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}
Since the EU Directive (EC) No 128/2009 (SUD) was approved by the European Parliament, the establishment of a general framework aimed at securing the sustainable use of pesticides was laid down, and European Union (EU) Member States adopted National Action Plans in accordance with this Directive. Specifically, for EU Member States, pesticides, objectives and quantitative targets were created. Therefore, the EU Commission provided a methodology for risk assessment as the derivation of two harmonised risk indicators: HRI_1 and HRI_2. The present study focuses on HRI_1, as this can be implemented at the country level. Each EU Member State delivers annual harmonised risk indicators values to the Commission based on calculations using their own data and results. However, only the EU Commission can derive this HRI_1 (concatenated) indicator at the EU level. Therefore, the present study is an attempt to shed some light on the modus operandi used by the EU Commission to compile this HRI_1, and it also aims to clarify these calculations. Data originating from twenty-seven EU Member States were analysed. These data were compared to data published on the EU Commission website over time. Possible virtual developments including the modification and evolution of active substance statuses are envisaged.
{"title":"The European Pesticides Harmonised Risk Indicator HRI_1: A Clarification About Its Displayed Rendering","authors":"Marie-Cécile Vekemans, P. Marchand","doi":"10.1017/err.2023.47","DOIUrl":"https://doi.org/10.1017/err.2023.47","url":null,"abstract":"\u0000 Since the EU Directive (EC) No 128/2009 (SUD) was approved by the European Parliament, the establishment of a general framework aimed at securing the sustainable use of pesticides was laid down, and European Union (EU) Member States adopted National Action Plans in accordance with this Directive. Specifically, for EU Member States, pesticides, objectives and quantitative targets were created. Therefore, the EU Commission provided a methodology for risk assessment as the derivation of two harmonised risk indicators: HRI_1 and HRI_2. The present study focuses on HRI_1, as this can be implemented at the country level. Each EU Member State delivers annual harmonised risk indicators values to the Commission based on calculations using their own data and results. However, only the EU Commission can derive this HRI_1 (concatenated) indicator at the EU level. Therefore, the present study is an attempt to shed some light on the modus operandi used by the EU Commission to compile this HRI_1, and it also aims to clarify these calculations. Data originating from twenty-seven EU Member States were analysed. These data were compared to data published on the EU Commission website over time. Possible virtual developments including the modification and evolution of active substance statuses are envisaged.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42935581","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":"Law, Policy and Climate Change: The Regulation of Systemic Risks by Dariel De Sousa, Abingdon, Routledge, 2022, 286 pp.","authors":"Senara Eggleton","doi":"10.1017/err.2023.46","DOIUrl":"https://doi.org/10.1017/err.2023.46","url":null,"abstract":"on","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45848200","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":"Democracy and Executive Power: Policymaking Accountability in the US, the UK, Germany, and France by Susan Rose-Ackerman, New Haven, CT, Yale University Press, 2021, 424 pp.","authors":"L. Petetin","doi":"10.1017/err.2023.42","DOIUrl":"https://doi.org/10.1017/err.2023.42","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42034271","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}
Climate litigation based on the constitutional rights of future generations is an emerging and promising approach to enforcing long-term policies based on intergenerational and climate justice. In Germany, a high-profile constitutional judgment triggered by climate activists ruled that the German climate policy infringes future freedom rights. Based on an assessment of legal opportunity structures and interviews with key actors, this research finds that the complainants utilised the opportunity to facilitate a strong public perception of intergenerational injustice set by the Fridays for Future movement. While the court’s response in the form of the intertemporal effect doctrine is ambiguous and does not constitute clear fundamental rights of future generations, the complainants reached their strategic goal to directly influence policymakers and draw public attention to the issue of climate protection as an intergenerational responsibility. An interplay of four different legal arguments and numerous actors associated with the climate movement was crucial to triggering this outcome. These findings from a sociolegal bottom-up perspective are of great relevance as they show that impactful climate litigation through intergenerational principles relies on the strategic utilisation of the cultural context beyond the legal sphere.
{"title":"Intergenerational Justice as a Lever to Impact Climate Policies: Lessons from the Complainants’ Perspective on Germany’s 2021 Climate Constitutional Ruling","authors":"Till Steinkamp","doi":"10.1017/err.2023.38","DOIUrl":"https://doi.org/10.1017/err.2023.38","url":null,"abstract":"\u0000 Climate litigation based on the constitutional rights of future generations is an emerging and promising approach to enforcing long-term policies based on intergenerational and climate justice. In Germany, a high-profile constitutional judgment triggered by climate activists ruled that the German climate policy infringes future freedom rights. Based on an assessment of legal opportunity structures and interviews with key actors, this research finds that the complainants utilised the opportunity to facilitate a strong public perception of intergenerational injustice set by the Fridays for Future movement. While the court’s response in the form of the intertemporal effect doctrine is ambiguous and does not constitute clear fundamental rights of future generations, the complainants reached their strategic goal to directly influence policymakers and draw public attention to the issue of climate protection as an intergenerational responsibility. An interplay of four different legal arguments and numerous actors associated with the climate movement was crucial to triggering this outcome. These findings from a sociolegal bottom-up perspective are of great relevance as they show that impactful climate litigation through intergenerational principles relies on the strategic utilisation of the cultural context beyond the legal sphere.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45269434","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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