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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
{"title":"ERR volume 14 issue 2 Cover and Back matter","authors":"","doi":"10.1017/err.2023.40","DOIUrl":"https://doi.org/10.1017/err.2023.40","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45217463","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}
The policy drivers for preventing system risks – risks that threaten vital parts of society – represent an as-yet understudied subject. A fundamental characteristic of an effective prevention policy for system risks is long-term investment. This article presents evidence that long-term investment in prevention follows a cyclical rather than a stable pattern, which implies large costs to the welfare of future generations. This cycle is usually triggered by a shock that shifts the set of preventive policies that are acceptable to or even demanded by society. After a rapid rise in preventive investment, however, attention often wanes, and the downturn of the prevention cycle sets in. While policy shocks from crises and disasters are commonly studied, their policy legacies rarely have been. This article offers a theoretical framework for this “prevention cycle”, demonstrates its applicability in understanding policy investment in several system risks and offers suggestions for its fundamental causes.
{"title":"The Prevention Cycle: State Investments in Preventing System Risks over Time","authors":"Bas Heerma van Voss","doi":"10.1017/err.2023.12","DOIUrl":"https://doi.org/10.1017/err.2023.12","url":null,"abstract":"\u0000 The policy drivers for preventing system risks – risks that threaten vital parts of society – represent an as-yet understudied subject. A fundamental characteristic of an effective prevention policy for system risks is long-term investment. This article presents evidence that long-term investment in prevention follows a cyclical rather than a stable pattern, which implies large costs to the welfare of future generations. This cycle is usually triggered by a shock that shifts the set of preventive policies that are acceptable to or even demanded by society. After a rapid rise in preventive investment, however, attention often wanes, and the downturn of the prevention cycle sets in. While policy shocks from crises and disasters are commonly studied, their policy legacies rarely have been. This article offers a theoretical framework for this “prevention cycle”, demonstrates its applicability in understanding policy investment in several system risks and offers suggestions for its fundamental causes.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43723988","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":"ERR volume 14 issue 2 Cover and Front matter","authors":"Marjolein van Asselt","doi":"10.1017/err.2023.39","DOIUrl":"https://doi.org/10.1017/err.2023.39","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47283594","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}
French whistleblower legislation establishes a unified legal regime for the treatment of reports and for the protection of whistleblowers. Drawing on French whistleblower law, recently amended by the transposition of Directive 2019/1937 of 23 October 2019, this article examines whether the specific features of whistleblowing in relation to public health and environmental risks are adequately addressed by this unified regime. The article identifies four key factors for the effective handling of whistleblowing relating to public health and the environment: (1) the possibility of protecting whistleblowers who report facts gathered outside the workplace; (2) the possibility of protecting legal persons as whistleblowers; (3) the possibility of carrying out in-depth investigations to characterise the reality of the risks reported; and (4) the possibility of archiving whistleblowing in order to detect weak signals of risks over the long term. In these four areas, the article provides a nuanced diagnosis of the situation in French law and offers suggestions for improvement.
{"title":"One Size Fits All? Handling Public Health and Environmental Risks in French Whistleblowing Legislation","authors":"O. Leclerc","doi":"10.1017/err.2023.14","DOIUrl":"https://doi.org/10.1017/err.2023.14","url":null,"abstract":"\u0000 French whistleblower legislation establishes a unified legal regime for the treatment of reports and for the protection of whistleblowers. Drawing on French whistleblower law, recently amended by the transposition of Directive 2019/1937 of 23 October 2019, this article examines whether the specific features of whistleblowing in relation to public health and environmental risks are adequately addressed by this unified regime. The article identifies four key factors for the effective handling of whistleblowing relating to public health and the environment: (1) the possibility of protecting whistleblowers who report facts gathered outside the workplace; (2) the possibility of protecting legal persons as whistleblowers; (3) the possibility of carrying out in-depth investigations to characterise the reality of the risks reported; and (4) the possibility of archiving whistleblowing in order to detect weak signals of risks over the long term. In these four areas, the article provides a nuanced diagnosis of the situation in French law and offers suggestions for improvement.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45998712","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":"To Address “Greenwashing” and Misleading Environmental Claims, the European Commission Publishes a Proposal on “Green Claims” and Their Substantiation","authors":"I. Carreño","doi":"10.1017/err.2023.36","DOIUrl":"https://doi.org/10.1017/err.2023.36","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41857980","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}
Openness of decision-making and policy-shaping activities is a fundamental tenet of the European integration project. Article 1 TEU expressly defines the European Union (EU) as a Union in which “decisions are taken as openly as possible”.1 Openness, and its corollary principles of transparency and participation, are essential parts of the EU’s constitutional commitments to democratic principles of representative and participatory democracy.2 According to Article 11 TEU, the institutions shall give citizens and representative associations the opportunity to voice and publicly exchange their views in all areas of Union action. Citizen participation is, however, possible only where transparency and access to information are ensured to the public, being through access to documents or publication of information. Thus, Article 15 TFEU clearly establishes “a right of access to documents of the Union’s institutions, bodies, offices and agencies, whatever their medium” – a right later enshrined also in Article 42 of the EU Charter of Fundamental Rights. Such fundamental commitments to transparency and participation apply to legislative3 as well as to administrative activities.4 The benefits of decision-making procedures based on an open and transparent dialogue with citizens are widely recognised in the literature, which connects them to aspects relating to input-, throughput-5 and output-orientated legitimacy.6 Transparency, in particular,
{"title":"Transparency and Participation in the Face of Scientific Uncertainty: Concluding Remarks","authors":"Annalisa Volpato, M. Eliantonio, Kathryn Wright","doi":"10.1017/err.2023.34","DOIUrl":"https://doi.org/10.1017/err.2023.34","url":null,"abstract":"Openness of decision-making and policy-shaping activities is a fundamental tenet of the European integration project. Article 1 TEU expressly defines the European Union (EU) as a Union in which “decisions are taken as openly as possible”.1 Openness, and its corollary principles of transparency and participation, are essential parts of the EU’s constitutional commitments to democratic principles of representative and participatory democracy.2 According to Article 11 TEU, the institutions shall give citizens and representative associations the opportunity to voice and publicly exchange their views in all areas of Union action. Citizen participation is, however, possible only where transparency and access to information are ensured to the public, being through access to documents or publication of information. Thus, Article 15 TFEU clearly establishes “a right of access to documents of the Union’s institutions, bodies, offices and agencies, whatever their medium” – a right later enshrined also in Article 42 of the EU Charter of Fundamental Rights. Such fundamental commitments to transparency and participation apply to legislative3 as well as to administrative activities.4 The benefits of decision-making procedures based on an open and transparent dialogue with citizens are widely recognised in the literature, which connects them to aspects relating to input-, throughput-5 and output-orientated legitimacy.6 Transparency, in particular,","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41569206","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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