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1 – 10 of over 1000This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive…
Abstract
Purpose
This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration.
Design/methodology/approach
This paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information.
Findings
Despite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights.
Research limitations/implications
It was not possible to perform a comparative review of court cases on relevant issues from different EU member states.
Practical implications
Access to environmental information could be a tool for environmental democracy and sustainable development.
Social implications
Access to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives.
Originality/value
This study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.
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Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither…
Abstract
Purpose
The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon.
Design/methodology/approach
This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology.
Findings
This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works.
Research limitations/implications
More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary.
Practical implications
The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023.
Originality/value
Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.
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Alaa Shqairat, Sébastien Liarte, Pascale Marange, Cali Nuur and Alexandre Chagnes
This study aims to analyze the implications of the recent European Union Regulation 2023/1542 on the circular economy and stakeholder strategies within the electric vehicle…
Abstract
Purpose
This study aims to analyze the implications of the recent European Union Regulation 2023/1542 on the circular economy and stakeholder strategies within the electric vehicle lithium-ion battery (EV-LIB) sector. It aims to explain the policy intentions, recommend practical strategies for stakeholders and examine how the new regulation exerts pressure on stakeholders to transition from older directives to more sustainable practices and operational standards, while also highlighting policy gaps.
Design/methodology/approach
The research employs a dual-method approach, combining text analysis of EU legislation with semi-structured interviews of industry stakeholders. This methodology allows for a comprehensive understanding of the regulatory impacts by integrating legislative intent with practical, on-the-ground insights from key players in the EV-LIB sector.
Findings
Our findings show that the three aggregated dimensions of operational sustainability, R&D and new technologies and collaborative dynamics are the key dynamics underlying the intended outcomes. The findings also highlight the policy’s historical development, the stakeholder categories, the implications for each and practical recommendations in responding to the policy requirements. Additionally, the findings identify policy gaps, such as weak incentives and broad economic operator classifications, with examples from international markets. The regulation creates proactive stakeholders driving innovation and collaboration and reactive ones adapting to changes, where static implicit implications may affect their viability by imposing unequal burdens.
Originality/value
To the best of the authors’ knowledge, this paper is the first to analyze the new EU Regulation 2023/1542, offering novel insights into the strategic responses required by stakeholders to adapt to the regulatory pressures. By focusing on the latest regulatory framework and its practical implications, the study bridges the gap between policy and practice, providing valuable guidance for industry players navigating the evolving regulatory environment.
Highlights
- (1)
EU’s policy shift from Directive to Regulation (EU) 2023/1542 has extended implications on the Electric Vehicles battery sector.
- (2)
Duel qualitative methods of text analysis and semi-structured interviews validated three aggregate dimensions and policy gaps.
- (3)
R&D with advancing technology, Operational sustainability and safety and Collaboration dynamics are dominating the scene.
- (4)
Emergence of Proactive vs Reactive stakeholder dynamics.
- (5)
The broad classification of “economic operators” and insufficiently detailed incentives, hinting at potential competitive imbalances and underexplored roles of end-users in achieving circular economy goals are appearing policy’ gaps.
EU’s policy shift from Directive to Regulation (EU) 2023/1542 has extended implications on the Electric Vehicles battery sector.
Duel qualitative methods of text analysis and semi-structured interviews validated three aggregate dimensions and policy gaps.
R&D with advancing technology, Operational sustainability and safety and Collaboration dynamics are dominating the scene.
Emergence of Proactive vs Reactive stakeholder dynamics.
The broad classification of “economic operators” and insufficiently detailed incentives, hinting at potential competitive imbalances and underexplored roles of end-users in achieving circular economy goals are appearing policy’ gaps.
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Șerban Filipon and Violeta Simionescu
Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts…
Abstract
Purpose
Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts is limited. This paper aims to explain and conceptualise recent Romanian experience with developing bespoke competency frameworks at national level for public procurement that reflect the features of the Romanian public procurement system. The approach used could guide in broad-brush, mutatis mutandis, other (national) public procurement systems with comparable features, mainly those seeking a shift from a rather administrative function of public procurement towards a strategic function.
Design/methodology/approach
This case study reflects on the methodology used for analysing the Romanian public procurement environment in EU context to develop bespoke professionalisation instruments, and on ways to integrate competency management approaches in Romanian public procurement culture. That methodological mix has been mainly qualitative and constructionist, within an applied research approach. It combined desk research with empirical research and included legal research in this context.
Findings
A principled, methodological and pragmatic approach tailored to the procurement environment in question is essential for developing competency frameworks capable to resonate to and address the specific practical needs of that procurement system.
Social implications
Competency frameworks can uphold societal objectives through public procurement.
Originality/value
Using valuable insights into the development of the Romanian public procurement competency frameworks, the paper provides a conceptual framework for instilling competency management approaches to public procurement professional development where the latter is governed by a rather distinct, public administration, paradigm. This conceptual framework can guide other public procurement systems and stimulate further research.
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Mercedes Luque-Vílchez, Javier Husillos and Carlos Larrinaga
This study aims to understand why some social and environmental reporting (SER) regulations are more successful than others in modifying collective corporate reporting behaviour…
Abstract
Purpose
This study aims to understand why some social and environmental reporting (SER) regulations are more successful than others in modifying collective corporate reporting behaviour and expectations. More specifically, it presents a qualitative and historically informed exploration of the construction of the enabling conditions for corporate adoption of SER regulation in a national context.
Design/methodology/approach
Drawing on insights from structuration theory and the sociological approach to legal studies, the authors examined the normative persuasion of the first regulation in Spain requiring firms to disclose social and environmental information in a stand-alone report: Article 39 of the Spanish Sustainable Economy Law. The case study is based primarily on 38 semi-structured interviews with relevant actors involved in this SER regulation from 2008 to 2014. Other sources such as legal and policy documents, historical documents, books, press reports and field notes from attendance at technical meetings related to the phenomenon under study help inform and complement the analysis of the interviews.
Findings
The analysis reveals that the agency of regulators, regulatees and other relevant actors involved in the SER regulation led to the law becoming a dead letter. However, only by examining the structural circumstances, shaped by history and socio-economic context, can the authors understand how the normative persuasion of law is constructed or undermined.
Research limitations/implications
The study underscores the importance of the national context in developing corporate social responsibility (CSR) regulation and the crucial role of history. The results of this research also suggest that significant progress towards a more transformative CSR regulation cannot be achieved without the support of enabling structures/
Practical implications
Recent SER regulations (European Corporate Sustainability Reporting Directive and IFRS sustainability standards, to mention those that are gaining most traction) may not achieve sufficient compliance if those responsible for drafting them do not ensure that the conditions for the emergence of regulatory persuasion are met. Regulators must therefore have a profound understanding of how these conditions are constructed as part of a historical process inextricably linked to the social structures of the environment in which the law is to be applied.
Social implications
The study reveals the changing landscape of corporate social responsibility, where scientists, academics, NGO activists and civil society organisations struggle to gain some agency in a field populated by actors, such as trade unions or employers, who were constitutive of Western industrial liberal democracies.
Originality/value
This study presents an in-depth and historically grounded analysis of the dynamics involved in creating the conditions that lead to successful SER legislation in a national context.
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Keywords
Abstract
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Linh Ho and Alan Renwick
With the rise of mandating climate-related disclosures (CRD), this paper aims to investigate how energy and agriculture markets are exposed to climate disclosure risk.
Abstract
Purpose
With the rise of mandating climate-related disclosures (CRD), this paper aims to investigate how energy and agriculture markets are exposed to climate disclosure risk.
Design/methodology/approach
Using the multivariable simultaneous quantile regression and data from 1 January 2017 to 29 February 2024, the authors examine daily and monthly responses of energy and agriculture markets to climate disclosure risk, energy risk, market sentiment, geopolitical risk and economic policy risk. The sample covers the global market, Australia, Canada, European Union (EU), Hong Kong, Japan, New Zealand, Singapore, the UK and the USA.
Findings
The results show that climate disclosure risk creates both positive and negative shocks in the energy and agriculture markets, and the impacts are asymmetric across quantiles in different economies. The higher the climate disclosure risk, the greater impact of crude oil future on the energy sector in North America (Canada and the USA) and Europe (EU and the UK), but no greater effects in Asia Pacific (Australia, New Zealand and Singapore). The agriculture sector can hedge against economic policy and geopolitical risks, but it is highly exposed to climate disclosure and energy risks.
Originality/value
This study timely contributes to the modest literature on the asymmetric effects of climate disclosure risk on the energy and agriculture markets at the global and national levels. The findings offer practical implications for policymakers and investment practitioners in understanding financial effects of mandating CRD to diversify risks depending upon market conditions and policy uncertainty.
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Konstantinos Kalodanis, Panagiotis Rizomiliotis and Dimosthenis Anagnostopoulos
The purpose of this paper is to highlight the key technical challenges that derive from the recently proposed European Artificial Intelligence Act and specifically, to investigate…
Abstract
Purpose
The purpose of this paper is to highlight the key technical challenges that derive from the recently proposed European Artificial Intelligence Act and specifically, to investigate the applicability of the requirements that the AI Act mandates to high-risk AI systems from the perspective of AI security.
Design/methodology/approach
This paper presents the main points of the proposed AI Act, with emphasis on the compliance requirements of high-risk systems. It matches known AI security threats with the relevant technical requirements, it demonstrates the impact that these security threats can have to the AI Act technical requirements and evaluates the applicability of these requirements based on the effectiveness of the existing security protection measures. Finally, the paper highlights the necessity for an integrated framework for AI system evaluation.
Findings
The findings of the EU AI Act technical assessment highlight the gap between the proposed requirements and the available AI security countermeasures as well as the necessity for an AI security evaluation framework.
Originality/value
AI Act, high-risk AI systems, security threats, security countermeasures.
Details