Over the course of time the European Union has increased its powers considerably. Currently, almost all food safety regulations in the member states rest on European law. Despite this common legal base, several differences between member states still exist. This article compares the way Scottish and Dutch authorities deal with a particular item of European food law: the development of national guides to good practice for hygiene and for the application of HACCP principles by the food industry. The results of this investigation are consistent with the conclusion of Falkner et al. that the implementation of EU law in both the Netherlands and the UK depends on domestic issues. The dominant issue in Scotland (and the UK) is the FSA objective to bring consistent food controls and independency from industry which results in the development of governmental guidance. The prevailing issue in the Netherlands is making industry responsible for food safety which helps explain the extensive use of industry guides. This study shows that in order to understand what happens on the ground it is important to look beyond transposition or direct effect and also to investigate the implementation of regulations and to dig deeper than just their transposition. |
Artikel |
National variations in the implementation and enforcement of European food hygiene regulationsComparing the structure of food controls and regulations between Scotland and the Netherlands |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | food regulation, official controls, EU food law, implementation, enforcement |
Auteurs | Tetty Havinga |
SamenvattingAuteursinformatie |
Artikel |
The government’s roles in transnational forest governance |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | transnational governance, forest certification, legality verification, emerging economies, public-private interaction |
Auteurs | Liu Jing |
SamenvattingAuteursinformatie |
Forest certification schemes and the legality regime are two main methods of transnational forest governance. A recent review of the literature has revealed that the government and forest certification are often intertwined. Based on that review, this contribution argues that governments play divergent roles in forest certification schemes in different aspects of the regulatory process: namely, agenda and standard setting, implementation, monitoring, and enforcement. In most FSC schemes, governments in developed countries play a less active role in most of these aspects than they do in context-based industry-dominated schemes. In the three emerging economies examined – Indonesia, Brazil, and China – the government sometimes plays a more active role in context-based, industry-dominated schemes than it does in developed countries. The rising legality regime might further strengthen the role of the government in forest governance in these emerging economies. Moreover, China may exemplify the fact that forest governance is entering a new phase, because the country not only exports to countries demanding legal verification, but also imports from countries where the risk of illegal logging is high. This illustrates that the role of governments in forest governance is constantly evolving. |
Artikel |
Regulatory governance by contract: the rise of regulatory standards in commercial contracts |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | contracts, transnational regulation, codes of conduct, private standards, supply chain |
Auteurs | Paul Verbruggen |
SamenvattingAuteursinformatie |
In this paper a literature review is used to explore the role that commercial contracts concluded between private actors play as instruments of regulatory governance. While such contracts are traditionally seen as a means to facilitate exchange between market participants, it is argued in the literature that commercial contracts are becoming increasingly important vehicles for the implementation and enforcement of safety, social and sustainability standards in transnational supply chains. The paper maps the pervasiveness of this development, its drivers, and the governance challenges that arise from it. While doing so, the paper more generally explores the relationship between regulation and contract law. |
Artikel |
What role is there for the state in contemporary governance?Insights from the Dutch building sector |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | governance, collaborative governance, governance performance, urban sustainability, fuzzy set qualitative comparative analysis (fsQCA) |
Auteurs | Jeroen van der Heijden |
SamenvattingAuteursinformatie |
An emerging body of empirical governance studies highlights that the role of the state in governance has been changing. It has moved away from governing societal problems solely through traditional direct regulatory interventions. State actors are now (also) taking up facilitative and enabling roles in innovative voluntary governance arrangements. This article seeks to gain a better understanding of these facilitating and enabling roles of state actors in real world practice and what (clusters of) roles are needed to obtain successful outcomes from these arrangements. It builds on an empirical study of ten different arrangements in the Dutch sustainable building sector, which are analysed using fuzzy set qualitative comparative analysis (fsQCA) methodology. It finds no evidence that any of the specific (clusters of) role(s) is necessary to achieve positive outcomes from the arrangements studied, but uncovers that when combined, such roles affect the outcomes of arrangements. It concludes by presenting an evidence-based typology of combinations of roles that state actors may wish to take up in seeking positive outcomes from innovative voluntary governance arrangements, or preventing negative outcomes. |
Redactioneel |
Regulatory governance: experimenting with new roles and instruments |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Auteurs | Peter Mascini en Judith van Erp |
SamenvattingAuteursinformatie |
This editorial offers an introduction to the current issue. |
Artikel |
The food label as governance space: free-range eggs and the fallacy of consumer choice |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | food label, free-range eggs, animal welfare, regulatory governance |
Auteurs | Christine Parker |
SamenvattingAuteursinformatie |
In a neoliberal age governments, NGOs, food producers and retailers all state that the food system can be governed via consumer choice aka voting with your fork. This makes the retail food label an important space for contests between different actors who each seek to govern the food system according to their own interests and priorities. The paper argues that this makes it crucial to ‘backwards map’ the regulatory governance networks behind the governance claims staked on food labels. The paper uses the example of the contested meaning of ‘free-range’ claims on animal products in Australia to propose and illustrate a methodology for this backwards mapping. |
Artikel |
The need for an integrated comparison of the effectiveness of international sustainable forestry, coffee and cocoa initiatives |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | effectiveness, private sustainability standards, certification, FSC, UTZ Certified |
Auteurs | Martijn Scheltema |
SamenvattingAuteursinformatie |
To date the effectiveness of private sustainability standards has been assessed from different angles which attribute different meanings to effectiveness. This contribution compares the effectiveness of two international certification initiatives (i.e. sustainable forestry (Forest Stewardship Council, FSC) and sustainable coffee and cacoa (UTZ Certified)) from three different angles (legal, impact, acceptance/legitimacy/governance). Based on publicly available data, it is shown that FSC scores better on some dimensions of these three angles (e.g. enforcement, cost and price premium, and government acceptance), while UTZ Certified scores better on others (e.g. verifiable evaluation criteria, regular evaluation, innovation). Hence, this analysis shows that a comparative evaluation of both initiatives would have been biased if it would have been based on a single angle approach. There is all the more reason to use such an integrated approach, since the different angles are intertwined. Therefore, it has been established that in order to establish the effectiveness of private certification initiatives an integrated approach is needed which combines different angles. This contribution shows such an approach is feasible. |
Praktijk |
Understanding knowledge sharing between judgesA quantitative analysis |
Tijdschrift | Recht der Werkelijkheid, Aflevering 2 2014 |
Trefwoorden | knowledge exchange, knowledge sharing behavior, knowledge management system, judicial knowledge |
Auteurs | Sandra Taal PhD |
SamenvattingAuteursinformatie |
Over the last two decades, there has been a growing interest in the development and implementation of knowledge management systems. In the judicial context, these knowledge management systems are designed to support judges in the decision-making process by providing them with the knowledge that they need in order to deal with doubts or uncertainties in complex cases. However, less attention has been given to the related process of knowledge sharing between judges. In order to optimally benefit from the knowledge available in the organization, this process should be better understood and acted upon. The aim of this research project is to gain a better insight into the interactive process of knowledge sharing between judges. To this end, a research model has been developed which will be quantitatively tested on the basis of survey responses from judges. |
Artikel |
Loyaliteit binnen de rechterlijke macht |
Tijdschrift | Recht der Werkelijkheid, Aflevering 1 2014 |
Trefwoorden | judiciary, loyalty, judges, new public management, socialisation |
Auteurs | Nina Holvast en Nienke Doornbos |
SamenvattingAuteursinformatie |
Judges in the Netherlands have recently expressed their concerns in the media over the organization of the judiciary and the pressure to deliver output. At the same time, they consider themselves highly loyal to their work. In this article we explore this seeming contradiction by studying the developments in the selection, training and organisation of the judiciary and considering the consequences that these developments could have on the loyalty of judges. In doing so, a distinction is made between loyalty to the profession, to the organisation and to colleagues. We follow Hirschman's theory on Exit, Voice and Loyalty and determine that the act of judges expressing their concerns (instead of exiting the judiciary) is essentially a sign of their loyalty. However, we reason that this displays more loyalty to the profession than to the organisation. Due to changes in the selection and training of judges, more candidates who were formerly employed in other settings, e.g. in advocacy, will enter the profession. With their socialisation taking place in a more business-like setting, where values such as efficiency and productivity are significant, it is expected that they will be more willing to accept the new public management values which are criticized by the present generation of judges. |