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The purpose of this paper is to re‐examine the subsidiarity rule in unjust enrichment and challenge some of its theoretical foundations and its unqualified application in unjust enrichment law as a whole.

The paper uses a comparative approach with South African and Brazilian laws as the main reference points, but it extends the analysis to common‐law jurisdictions elsewhere. It explores the extent and limits of the applicability of the rule in claims arising from the built environment. It analyses the interaction between the subsidiarity rule and the defence of change of position.

It concludes that, in three party cases, subcontractors may be able to use enrichment actions against owners to obtain an adequate redress. The exclusion of enrichment claims where there is a consensual distribution of risks and rewards normatively operates to validate any transferred benefit and eliminates any prospective normative gain or loss. However, policy‐based claims for unjust enrichment can be made even in the presence of such bargains.

The paper pioneers the analysis of subsidiarity rule in the specific context of the built environment. It presents an original examination of the interaction between the subsidiarity rule and change of position defence.

This paper contributes to the theory of the relationship between human resource management (HRM) and innovation at small- to medium-sized enterprises (SMEs) by conducting a conceptual analysis of the question why Germany boasts by far the highest number of “Hidden Champion” SMEs. This is done by case studies from the army and public financial management of aid disbursal in developing countries. Implications for HRM at SMEs are discussed.

Conceptual analysis using case studies.

Contributing towards filling the gap concerning theoretical underpinnings of the link between HRM and innovation, we suggest that interdisciplinary work from relevant organisational case studies indicates that the concept of institutional design to provide motivational incentives may be relevant, especially concerning high performance systems with bundles of HRM practices. Specifically, the fundamental principle of subsidiarity is found to be important.

The research is broadly applicable to organisations of all kinds, as the diverse case studies indicate. We point towards tentative implications for the firms that account for the majority of the work force, namely SMEs, and among them the most successful ones, the so-called “Hidden Champions”.

HR managers can improve motivation, performance and innovation by decentralising decision-making as far as possible, while ensuring the overall organisational goals are well understood and shared, and resources are dedicated to train and educate staff. Additionally, the conception of rank-order competitions complements the institutional design.

Greater productivity and material performance as well as greater job satisfaction via larger autonomy and decision-making power on the local level can be achieved by the application of subsidiarity as key HRM configuration. This can be employed at SMEs, as discussed, but also other organisations. Further, the principle of subsidiarity and the greater emphasis on staff training and education may help reduce inequality.

Our paper contributes towards filling the gap in the literature on the link between HRM and innovation, by identifying the role of subsidiarity. We introduce an interdisciplinary perspective, with contributions from economics and psychology, among others. We also contribute to the history of HRM.

Care of older persons in their own homes has in recent years received much attention in Ireland. The proponents of domiciliary care draw on both economic and quality of life arguments, many of which are identifiable in policy documents since the 1950s. However, little detailed analysis of the evolution of the formal care services for older persons, and the shift in emphasis from institutional to domiciliary care, has been presented. The paper aims to focus on the issues.

Using archival, administrative and policy sources, the authors traced the changing nature of formal care policies in Ireland, and analysed changes in key organising principles and features, including subsidiarity, the role of the Church and the basis of entitlements (residual vs universal).

The first type of formal care to emerge was institutional, and did not adhere to the subsidiarity principle as it was mostly delivered by the State. Subsidiarity came to the fore more clearly with the establishment of the earliest home care services by religious and voluntary organisations. The current trend towards cash‐for‐care (home care packages) is arguably a modern‐day manifestation of the arm's length attitude that the subsidiarity principle recommends the State take.

The fact that care services are increasingly delivered by private sector companies and informal carers operating in the grey market increases the complexity of the care regime and therefore makes the task of developing social care regime classifications more complicated; it also means that regulation of the care sector in Ireland is a particularly urgent task that is yet to be undertaken in a comprehensive manner.

The policy challenges involved in attempts to regulate the complex care mix are considerable.

The paper utilises both historical methods and policy analysis to highlight the changing meaning of key concepts such as subsidiarity.

Soil is a non-renewable and increasingly deteriorating resource, yet it is barely protected by European Union (EU) legislation. This constitutes a puzzling gap within the otherwise encompassing and progressive environmental policy of the EU. To explain the integration resistance of soil protection, I draw on insights from rationalist and sociological institutionalist theory. The institutional rigidity of the community method of environmental decision-making limits policy change to favorable interest constellations, but this constraint is usually compensated by agenda competition among the national environmental pioneers. However, successful agenda-setting depends on the skillful combination of political venues and issue frames. Matters of land politics, such as soil protection, are difficult to frame in terms that make them suitable for European policy venues. The theoretical argument is illustrated using an in-depth case study of the agenda-setting, negotiation, and eventual withdrawal of the ill-fated proposal for an EU soil framework directive, with a focus on the changing role of Germany. Reframing of soil politics as locally bound and as essentially national affair, subnational actors extended the conflict to include the German federal chamber as policy venue. As a result, Germany turned from “pusher by example” and first mover to “defensive front-runner,” successfully pursuing a blocking strategy.

Sees East Germany as an important case study of an ideologically dogmatic bureaucracy which ignored people′s deep‐seated ethical norms and values. The principles of solidarity, subsidiarity and justice were insufficiently exercised. The political leadership failed to recognize and understand the degree of people′s resignation and frustration, being out of touch with socioeconomic reality. Hence it programmed false decision making and inefficiencies into a system which was held together by an excessive police apparatus, repression, corruption and propaganda. As a result, the East German system imploded under its own irrationality, induced by an almost complete loss of confidence in the ruling party and the government. Addresses primarily ethical rather than economic issues which successfully challenged the East German state.

The purpose of this paper is to examine the viewpoints of key stakeholders on the European Commission’s proposal for a regulation for a mechanism to resolve legal and administrative obstacles in cross-border regions. The mechanism known as ECBM, or European Cross-border mechanism, was presented as part of the legislative package for EU Cohesion Policy 2021-2027. The regulation will allow one Member State to apply their legal provision in another Member State for a concretely defined case. This proposal is particularly interesting as it does not give further competence to the European level, but changes how Member States may interact with one another, yet, it raises critiques as regards to its compliance with constitutional, international and European law.

This paper outlines the main elements of contention, which are legal justification, state sovereignty, compliance with the subsidiarity and proportionality principle, thematic and territorial scope, voluntariness and the administrative burden.

The author concludes that the assessment of the voluntariness of the regulation will be crucial in examining the regulations compliance with EU principles and suggests that a more nuanced reading as to which parts of the regulation are voluntary is needed. The author further expects the legal text to change substantial during the legislative procedure, in particular in regard to the thematical scope and the bindingness.

This piece summarises the debate currently held in the European Council and the European Parliament in a structured way to an interested readership. Examining the proposed regulation and the arguments for and against it offers the opportunity to review the main arguments that will be raised in any future debate on legal proposals on territorial development initiatives.

EU social policy is perhaps the most controversial aspect of European integration yet, despite all the political clashes on the matter, concepts like “social Europe” or “social dimension” remain ill‐defined and imprecise terms. Intends to outline and clarify in detail the debate about whether or not the European Union should have competence with regard to labour market affairs. A key message is that social policy has been controversial because it has become embroiled in the debate about the future political direction of the EU. In particular, three contrasting political models –symbiotic integration, integrative federalism and neo‐liberalism – have been put forward as organizing principles for the EU and each has a coherent view of what form social policy should take at the European level. It is the clash between these three models that has caused EU social policy to be so contestable and intractable.

When the Catholic bishops of the United States prepared the first draft of their pastoral letter on the US economy, they deliberately kept its contents confidential until after the presidential election of that year. They did not want it to intrude upon the campaign then under way. It was not made public until 11 November, 1984. The Lay Commission, chaired by William E. Simon, issued its document, Toward the Future: Catholic Social Thought and the US Economy, before the bishops' first draft but also after the presidential election. It was not a response to the bishops' then unseen document but an advisory counter‐proposal from a different perspective. The Lay Commission presumed that the two documents would be different certainly in the area of policy recommendations and in the evaluation of the performance of the American economy; they probably anticipated differences also in the understanding of Christian and Catholic tradition and principles. They were not wrong.

The purpose of this paper is to illustrate the recent evolution of the employment services system of a Northern Italian region (Lombardy), which was planned according to principles inspired by quasi-markets and horizontal subsidiarity theories, with a focus on its design and implementation challenges. It aims to provide practical and theoretical insights for the design of public services’ governance systems that similarly feature public-private competition and/or cooperation and users’ freedom of choice.

The paper reviews and integrates previous empirical research analysing the programmes that are part of the recent evolution of Lombardy’s employment services system, in order to draw insights and lessons.

The paper suggests areas where closer scrutiny and related intervention is warranted on the part of the institution in charge of the system’s design (in this case the regional administration), especially in terms of appropriate design of incentive mechanisms for partnership creation, and adequate consideration of the equity implications of the chosen solutions.

The paper may be of interest to public officials aiming to implement systems with similar characteristics (public-private competition vs collaboration, users’ freedom of choice), in order to consider challenges and possible implications of their decisions during the planning phase. From a theoretical perspective, this case suggests that reliance on freedom and responsibility, both on the demand and the supply side, may not be adequate to reach the desired outcomes, and may produce negative equity implications. Focused partnerships may be more effective, but may experience similar shortcomings from the viewpoint of equity.

As testified by its secular history, Catholic Social Teaching is closely bound to the various attempts that have been made at putting it into practice. Today, one of the most interesting ones is that of the enterprises' association Compagnia delle Opere. Particularly in Italy, the Compagnia wants to become an important point of reference for Small and Medium Enterprises, the heart of Italian production system, through a new socioeconomic concept, based on the Subsidiarity Principle and the growth of the nonprofit sector. In many ways, it aims to create an alternative to classical capitalism, also supported by Benedict's XVI recent social encyclical; nevertheless, numerous ambiguities persist.