Suchergebnisse

This open access book is an outcome of the EU's Horizon 2020 project 'Financial and Institutional Reforms for an Entrepreneurial Society' (FIRES). Building on historical, economic and legal analysis, and combining methods and data across disciplines, the authors provide policymakers, stakeholders and scholars with valuable new tools for assessing and improving Europe's entrepreneurial ecosystems. Then experts from Germany, Italy and the United Kingdom discuss tailored strategies for introducing entrepreneurial policy reforms in their respective countries.

Over the last decades, transparency has featured prominently among the European Union's (EU) efforts to democratize and legitimize its governance. This shift toward transparency has taken many forms and, as the contributions to this thematic issue show, these different forms have evolved significantly over time. Yet, initiatives to enhance transparency have often been blamed for limiting the efficiency of the decision-making process or leading to suboptimal policy outcomes. Consequently, the debate has shifted to whether transparency would be excessive in that it would undermine the EU's capacity to deliver through political arrangements. This editorial presents this transparency–efficiency dilemma, which the different contributions to this thematic issue analyse further.

<p>The EU trade policy is increasingly confronted with demands for more transparency. This article aims to investigate how transparency takes shape in EU trade policy. First, we operationalize the concept of transparency along two dimensions: a process dimension and an actor dimension. We then apply this framework to analysis of EU Free Trade Agreements (FTAs). After analyzing transparency in relation to FTAs from the perspective of the institutional actors (Commission, Council and Parliament), the different instruments and policies that grant the public actors (civil society and citizens) access to information and documents about EU FTAs are explored by discussing Regulation 1049/2001, which provides for public access to European Parliament, Council and Commission documents, and the role of the European Ombudsman. The article is based on an analysis of official documents, assessments in the academic literature and case-law of the Court of Justice of the European Union. The ultimate aim is to assess current initiatives and identify relevant gaps in the EU's transparency policies. This article argues that the EU has made significant progress in fostering transparency in the negotiation phase of FTAs, but less in the implementation phase.</p>

The EU trade policy is increasingly confronted with demands for more transparency. This article aims to investigate how transparency takes shape in EU trade policy. First, we operationalize the concept of transparency along two dimensions: a process dimension and an actor dimension. We then apply this framework to analysis of EU Free Trade Agreements (FTAs). After analyzing transparency in relation to FTAs from the perspective of the institutional actors (Commission, Council and Parliament), the different instruments and policies that grant the public actors (civil society and citizens) access to information and documents about EU FTAs are explored by discussing Regulation 1049/2001, which provides for public access to European Parliament, Council and Commission documents, and the role of the European Ombudsman. The article is based on an analysis of official documents, assessments in the academic literature and case-law of the Court of Justice of the European Union. The ultimate aim is to assess current initiatives and identify relevant gaps in the EU's transparency policies. This article argues that the EU has made significant progress in fostering transparency in the negotiation phase of FTAs, but less in the implementation phase.

Over the last decades, transparency has featured prominently among the European Union's (EU) efforts to democratize and legitimize its governance. This shift toward transparency has taken many forms and, as the contributions to this thematic issue show, these different forms have evolved significantly over time. Yet, initiatives to enhance transparency have often been blamed for limiting the efficiency of the decision-making process or leading to suboptimal policy outcomes. Consequently, the debate has shifted to whether transparency would be excessive in that it would undermine the EU's capacity to deliver through political arrangements. This editorial presents this transparency–efficiency dilemma, which the different contributions to this thematic issue analyse further.

This open access book is an outcome of the EU's Horizon 2020 project 'Financial and Institutional Reforms for an Entrepreneurial Society' (FIRES). Building on historical, economic and legal analysis, and combining methods and data across disciplines, the authors provide policymakers, stakeholders and scholars with valuable new tools for assessing and improving Europe's entrepreneurial ecosystems. Then experts from Germany, Italy and the United Kingdom discuss tailored strategies for introducing entrepreneurial policy reforms in their respective countries.

While labour provisions have been inserted in a number of EU free trade agreements (FTAs), extant clauses are widely perceived as ineffective. This article argues that there is a need to rethink the dispute settlement mechanisms related to labour provisions if their effectiveness is to be increased. It proceeds in three steps. First, we look at the current state of the art of labour provisions in EU FTAs in terms of legal design and practice and argue that the current arrangements are ill-equipped to foster compliance with labour standards. Second, we explore avenues to enhance the design of FTA labour provisions by reconsidering basic elements of the dispute settlement structure. Examining US FTA labour provisions, we highlight the importance of a formal complaint mechanism, on the one hand, and the availability of economic sanctions, on the other. Based on a review of existing practice, we contend, however, that these elements alone are not sufficient to effectively enforce FTA labour provisions. We argue that for FTA labour provisions to be effective, the current state-to-state model of dispute settlement needs to be complemented by a third-party-state dimension and that, additionally, there are good reasons to consider a third party–third party dispute settlement component. We ground these reflections in experiences with already existing instruments in other areas, namely investor-state dispute settlement and voluntary sustainability standards. Thirdly, we discuss options to better connect the dispute settlement mechanisms of FTA labour provisions to other international instruments for labour standards protection with a view to creating synergies and avoiding fragmentation between the different regimes. The focus here is on the International Labour Organization's supervisory mechanism and the framework of the OECD Guidelines for Multinational Enterprises.

AbstractSupply chains have more and more become global supply chains, due to which it becomes increasingly more difficult for states to monitor whether the production process of goods entering the territory has been free of labour rights abuses. States are less able to hold corporate entities accountable that are knowingly or unknowingly benefiting from labour rights abuses. Transparency measures have been suggested as a way to close this accountability gap and circumvent traditional issues of enforcement when production and consumption of goods takes place in different jurisdictions. This paper discusses whether transparency measures live up to these expectations by assessing the California Transparency in Supply Chains Act (California Act). We analyse whether the Act does indeed contribute to greater accountability by filling the existing information gap between companies and consumers. The workings of the Act, as well as its impact on primary stakeholders will be determined. The paper discusses action taken by companies, consumers and non‐governmental organizations by looking at the degree to which the new California Act generated differences in behaviour and practices of these affected parties. Based on this information the question is answered which possibilities and limitations are connected to the use of transparency measures in combatting the abuse of labour rights in the global supply chain. It is discussed which lessons can be learned from the California Act and which policy implications this could have for future transparency measures.

AbstractSince 2008, most bilateral and regional EU trade agreements contain so‐called Trade and Sustainable Development chapters. Such sustainability chapters typically include commitments to core ILO labour rights and provide specific monitoring mechanisms to ensure compliance. Several observers however, have voiced concern about the enforcement potential of these provisions in practice, beyond legal and institutional reforms. As a means to overcome this compliance gap, this article explores how the inclusion of existing Voluntary Sustainability Standards (VSS) in trade agreements could potentially enhance the monitoring and enforcement of labour provisions in EU trade agreements. Based on experiences captured in a case‐study on the functioning of the 2013 EU‐Colombia Trade Agreement, we argue that linking VSS to labour provisions in trade agreements could significantly contribute to rendering these provisions more effective. Linking labour provisions to the monitoring and auditing mechanisms of accredited but independent VSS, we argue, could help close a regulatory gap, add credibility to the provisions and help overcome capacity challenges in the implementing countries. In turn, the integration of VSS in trade agreements offers public regulators the opportunity to demand a strengthening of the quality of VSS in terms of their design and procedures.