For several years, the official European method for deciding whether or not shellfish were fit for human consumption was the mouse bioassay, which was eventually replaced by chemical testing. In this paper, we examine the process of this change, looking at how devices of social, technical, and organisational risk management were re-negotiated locally, nationally, and across the continent. We also show how the political decision to replace a precautionary standard with a management-vigilance device was the result of various (...) dynamics. These included unpredictable events, enhanced scientific knowledge, collective mobilisations, and multi-level statutory, commercial, and ethical orders. (shrink)

For several years, the official European method for deciding whether or not shellfish were fit for human consumption was the mouse bioassay, which was eventually replaced by chemical testing. In this paper, we examine the process of this change, looking at how devices of social, technical, and organisational risk management were re-negotiated locally, nationally, and across the continent. We also show how the political decision to replace a precautionary standard with a management-vigilance device was the result of various (...) dynamics. These included unpredictable events, enhanced scientific knowledge, collective mobilisations, and multi-level statutory, commercial, and ethical orders. (shrink)

As products of the "new biotechnology," genetically modified organisms have provoked a wide-ranging risk debate on potential harm, especially from herbicide-tolerant crops. In response to this legitimacy problem, the European Community adopted precautionary legislation, which left open the definition of environmental harm. When the U.K. proposed Europe-wide market approval of a herbicide-tolerant oilseed rape, the proposal encountered dissent from some countries and environmentalist groups. Further debate on normative judgments became necessary to implement the precaution ary legislation. In dispute (...) were several regulatory boundaries—of administrative re sponsibility, causality, acceptability, and evidence. The boundary disputes expressed divergentframings of biotechnological risk, each with its implicit model of the socionatu ral order. In this way, the disputes can illuminate the sorts of risk framings that have already become embedded and standardized in other regulatory sectors. (shrink)

Today there is considerable disagreement between the US and the EU with respect to food safety standards. Issues include GMOs, beef hormones, unpasteurized cheese, etc. In general, it is usually asserted that Europeans argue for the precautionary principle (with exceptions such as the Sanitary and Phytosanitary Agreement where ``substantial equivalence,'' a form of familiarity, is used) while Americans defend risk analysis or what is sometimes described as the familiarityprinciple. This is not to suggest that EUmember countries agree on (...) how the precautionaryprinciple should be applied; considerabledifferences exist among nations as will benoted below.In this paper I review both positionsarguing that they are best understood asvariants of the homiletics of risk rather thanas differing scientific positions. I concludethat while science must necessarily enter intothe formulation of food and agriculturalstandards, state policy, private economicinterests, and the interface between the two(e.g., when democratic states are successfullylobbied to support particular privateinterests), play important roles in determininghow particular risks will be treated. Moreover,I argue that the role of science mustnecessarily be limited if its credibility is tobe preserved. (shrink)

This paper explores “the peopling of Europe through data practices” in relation to standardized testing of students in Denmark. Programme for International Student Assessment is a central component of Danish and European education infrastructures. In Denmark, mediocre PISA results spurred the introduction of national testing. With inspiration from Michel Foucault’s notion of biopolitics, this paper analyzes how complementary Danish national test assessment scales make up population objects and student subjects and how these scales are aligned with European and (...) transnational standards. A norm scale, standardized against the European Credit Transfer System grading scale, enacts a population whose performance can be tracked over time. A criteria scale introduces categories describing skills and enacts a moving student subject whose progression can be tracked. This paper argues that the three assessment scales enact the student population as bound to the nation and as simultaneously constituted in relation to transnational European categories and imaginaries of competition. As part of this, this paper discusses how the national test and PISA are used to single out students of non-European background, anticipated to be low PISA achievers and nonparticipants in a European knowledge economy. (shrink)

Risk analysis as a regulatory driver has now become firmly entrenched in public health and environmental protection. Risk analysis at any level essentially has to accommodate two gut feelings of the constituency: whether society should be risk-prone or risk averse, and whether government and its institutions can be trusted to make the necessary decisions with a high or a low degree of discretion. The precautionary principle (or rejection thereof) arguably is the ultimate reflection of the promotion of risk to (...) a societal value. There is no doubt that especially amongst the representatives of the Member States (as opposed to the officials at the European Commission), public (pre)caution with respect to the long-term environmental and public health implications of gene technology influenced the reluctance to allow marketing of GM foods and feeds until a strict regulatory regime had been rolled out. Industry would argue that the delay in regulation, as well as the eventual regime was of such a nature as to stifle the technology. This contribution reviews a number of features of standard EU risk analysis decisions, so as to assess its current propensity towards smothering rather than smoothing the introduction of new technology. The current development of a regulatory framework for nanotechnology serves as a case study. (shrink)

In February 2000, the EuropeanCommission adopted a Communication on theprecautionary principle. This states how theCommission intends to apply the principle andestablishes guidelines for its application. Thedocument is intended to inform discussions oninternational agreements. In particular, itprovides a defense of European Union (EU)precautionary policies in case of tradedisputes, for example, in case the EU isaccused of imposing unfair trade barriers onexports of genetically-modified (GM) productsfrom the United States under the rules of theWorld Trade Organisation. In the communication,the Commission emphasizes (...) the scientificaspects of the precautionary principle, perhapspartly to counter claims from US officials thatthe EU's reluctance to accept GM imports is notbased on science but is politically-motivated.However, a principle is by definition a moralguide to behavior. In other words, it is anethic. The precautionary principle should beviewed as a complement to science, to beinvoked when a lack of scientific evidencemeans that outcomes are uncertain. Anyinterpretation of this principle needs to placeat least as much emphasis on its ethical andvalue-based aspects as on its scientificjustification. The Commission's interpretationrisks undermining the painstaking progress madeamong European Union member states inresponding to public concern about GM crops andfood by adopting increased precaution. Thispaper explores the balance between thescientific and ethical/value-based aspects ofthe precautionary principle as set out in theCommission's communication, to make the casethat it is the ethical and value-based aspectsrather than the scientific aspects of theguidelines that need strengthening. (shrink)

In regulatory practice, the principle of precaution is hardly linked to the ideal of sustainable development. In this article, we argue that it should be. We argue that sustainable development is the sense of an ethics of co-responsibility, while precaution is the attitude needed to realize this sense. From this perspective, we comment on some regulatory practices within the European context regarding authorization requests for deliberate releases of genetically modified crops and show some problems that are popping up there, (...) for example, the difficulties in interpreting the meaning of harm” (and of benefit”), the symptomatic gap between regulatory rule and political practice. Finally, we suggest that, in order to respond to such problems, precaution should find an appropriate translation in the fields of both research and innovation policy, of authorization policy and of economic policy. (shrink)

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. (...) The precautionary principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community. This articlewill illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct). (shrink)

The prevalence and negative impact of brain disorders are increasing. Clinical Neuropsychology is a specialty dedicated to understanding brain-behavior relationships, applying such knowledge to the assessment of cognitive, affective, and behavioral functioning associated with brain disorders, and designing and implementing effective treatments. The need for services goes beyond neurological diseases and has increased in areas of neurodevelopmental and psychiatric conditions, among others. In Europe, a great deal of variability exists in the education and training of Clinical Neuropsychologists. Training models include (...) master’s programs, continuing education courses, doctoral programs, and/or post-doctoral specialization depending on the country, with no common framework of requirements, although patients’ needs demand equal competencies across Europe. In the past five years, the Standing Committee on Clinical Neuropsychology of the European Federation of Psychologists’ Association has conducted a series of surveys and interviews with experts in the field representing 30 European countries. The information, along with information from the existing literature, is used in presenting an overview of current and relevant topics related to policy and guidelines in the training and competencies in Clinical Neuropsychology. An option for the way forward is the EuroPsy Specialist Certificate which is currently offered in Work- and Organizational psychology and Psychotherapy. It builds upon the Basic Certificate and complements national standards without overriding them. General principles can be found that can set the basis for a common, solid, and comprehensive specialty education/training, sharpening the Neuropsychologists’ competencies across Europe. The requirements in Clinical Neuropsychology should be comparable to those for the existing specialty areas in the EuroPsy model. Despite the perceived challenges, developing a Specialist Certificate appears a step forward for the development of Clinical Neuropsychology. Recommendations are proposed towards a shared framework of competencies by the means of a common level of education/training for the professionals in Europe. Benchmarking training standards and competencies across Europe has the potential of providing protection against unqualified and ethically questionable practice, creating transparency, raising the general European standard, and promoting mobility of both Clinical Neuropsychologists and patients in Europe, for the benefit of the professional field and the population. (shrink)

We provide examples of the extent and nature of environmental and human health problems and show why in the United States prevailing scientific and legal burden of proof requirements usually cannot be met because of the pervasiveness of scientific uncertainty. We also provide examples of how may assumptions, judgments, evaluations, and inferences in scientific methods are value-laden and that when this is not recognized results of studies will appear to be more factual and value-neutral than warranted. Further, we show that (...) there is a "tension" between the use of the 95 percent confidence rule as a normative basis to reduce speculation in scientific knowledge and other public policy and moral concerns embodied by the adoption of a precautionary principle. Finally, although there is no precise agreement regarding what a precautionary principle might entail, we make several recommendations regarding the placement of the burden of proof and the standard of proof that ought to be required in environmental and human health matters. (shrink)

Our aim is to defend the Precautionary Principle (PP) against the main theoretical and practical criticisms that it has raised by proposing a novel conception and a specific formulation of the principle. We first address the theoretical concerns against the idea of there being a principle of precaution by arguing for a distinctively political conception of the PP as opposed to a moral one. Our claim is that the rationale of the PP is grounded in the fact that contemporary (...) societies wish to avoid morally unacceptable risks while at the same time pursuing other goals, aspirations and values. Following this political conception of the PP, we propose a specific formulation in terms of an argumentation scheme—the Argumentation Scheme for Appealing to Precaution—which is meant to solve, in turn, the main practical concerns that the PP has raised. We explain the advantages of our proposal by analysing appeals to precaution in the cases of (1) the European restrictions on the free movement of persons during the COVID-19 pandemic and (2) the discharge of nuclear wastes into the Irish Sea. (shrink)

In regulatory practice, the principle of precaution is hardly linked to the ideal of sustainable development. In this article, we argue that it should be. We argue that sustainable development is the sense of an ethics of co-responsibility, while precaution is the attitude needed to realize this sense. From this perspective, we comment on some regulatory practices within the European context regarding authorization requests for deliberate releases of genetically modified crops and show some problems that are popping up there, (...) for example, the difficulties in interpreting the meaning of harm”, the symptomatic gap between regulatory rule and political practice. Finally, we suggest that, in order to respond to such problems, precaution should find an appropriate translation in the fields of both research and innovation policy, of authorization policy and of economic policy. (shrink)

In this article, we defend two claims about the precautionary principle. The first is that there is no ‘core’ precautionary principle that unifies all its different versions. It is more plausible to think of the different versions as being related to each other by way of family resemblances. So although precautionary principle x may have much in common with precautionary principle y, and y with z, there is no set of necessary and sufficient conditions that unify (...) all versions of the principle. Our second claim is that it is sometimes appropriate to think of the precautionary principle as a midlevel principle in the sense proposed by Beauchamp and Childress in their Principles of Biomedical Ethics, i.e. as a non-rigid moral principle. We argue that if the precautionary principle is conceived as a non-rigid principle that needs to be balanced against other principles before a moral verdict can be reached, then this enables us to address some standard objections to the principle. (shrink)

The main goal of this article is to analyse the current status of the precautionary principle in international law and outline the tendencies of its development into a rule of customary law. The methods of comparative and systematic analysis were used in this paper. The article concludes that there is sufficient state practice and opinio iuris to support the position of the European Communities that the precautionary principle has already crystallized into a general customary rule. Evidence may (...) be found in international legally binding and non-binding documents, domestic law, and the jurisprudence of national and international courts and tribunals. (shrink)

Confronted with the possibility of severe environmental harms, such as catastrophic climate change, some researchers have suggested that we should abandon the principle at the heart of standard decision theory—the injunction to maximize expected utility—and embrace a different one: the Precautionary Principle. Arguably, the most sophisticated philosophical treatment of the Precautionary Principle is due to Steel. Steel interprets PP as a qualitative decision rule and appears to conclude that a quantitative decision-theoretic statement of PP is both impossible and (...) unnecessary. In this article, we propose a decision-theoretic formulation of PP in terms of lexical utilities. We show that this lexical model is largely faithful to Steel’s approach, but also that it corrects three problems with Steel’s account and clarifies the relationship between PP and standard decision theory. Using a range of examples, we illustrate how the lexical model can be used to explore a variety of issues related to precautionary reasoning. (shrink)

Environmentalists have advocated the Precautionary Principle (PP) to help guide public and private decisions about the environment. By contrast, industry and its spokesmen have opposed this. There is not one principle, but many that have been recommended for this purpose. Despite the attractiveness of a core idea in all versions of the principle—that decision-makers should take some precautionary steps to ensure that threats of serious and irreversible damage to the environment and public health do not materialize into harm—even (...) one of the most widely endorsed principles needs considerable specification and refinement before it can be used. Moreover, the PP is an approach or guide to utilizing scientific evidence in social or legal decision-making contexts. In this it does not differ in kind from other approaches to using factual information such as in the law. The law provides some models for different strategies to guide decision-making under uncertainty when factual issues cannot be resolved with certainty. These in turn can help guide the formulation of different versions of PP and help clarify some presuppositions of the principle. Once some plausible versions of PP are articulated, I suggest some applications to existing environmental problems. (shrink)

The introduction of genetically modified (GM) crops and foods into Europe has generated considerable controversy. Despite a risk assessment system that is intended to beprecautionary in nature, the decisions thathave been taken have not gathered publicconfidence. Key attributes of a precautionaryappraisal system include humility,completeness, assessing benefits andjustifications, making comparisons, allowingfor public participation, transparency,diversity, and the ``mapping'' of alternativeviews rather than the prescription of singlesolutions. A comparison of the European GMregulatory system with a different (moreprecautionary) approach using a ``multi-criteriamapping'' technique (...) reveals a number ofproblems. These include the narrow framing ofthe established risk assessment system (therebyexcluding many issues of public concern), alack of public involvement in the process, anda failure to include appropriate comparisons ora diversity of options. Recent changes to theEuropean regulatory system only go part of theway to addressing these issues. Furthercontroversy may therefore be expected. However,practical ways of undertaking a morebroad-based precautionary approach are nowavailable (including the multi-criteria mappingmethod). These new approaches to technologyassessment offer a means for decision making toearn greater public confidence in this complexand difficult area. (shrink)

The precautionary principle has its origins in debates about environmental policy, but is increasingly invoked in bioethical contexts. John Harris and Søren Holm argue that the principle should be rejected as incoherent, irrational, and representing a fundamental threat to scientific advance and technological progress. This article argues that while there are problems with standard formulations of the principle, Harris and Holm's rejection of all its forms is mistaken. In particular, they focus on strong versions of the principle and fail (...) to recognize that weaker forms, which may escape their criticisms, are both possible and advocated in the literature. (shrink)

The precautionary principle has often been described as an extreme principle that neglects science and stifles innovation. However, such an interpretation has no support in the official definitions of the principle that have been adopted by the European Union and by the signatories of international treaties on environmental protection. In these documents, the precautionary principle is a guideline specifying how to deal with certain types of scientific uncertainty. In this contribution, this approach to the precautionary principle (...) is explicated with the help of concepts from the philosophy of science and comparisons with general notions of practical rationality. Three major problems in its application are discussed, and it is concluded that to serve its purpose, the precautionary principle has to (1) be combined with other decision principles in cases with competing top priorities, (2) be based on the current state of science, which requires procedures for scientific updates, and (3) exclude potential dangers whose plausibility is too low to trigger meaningful precautionary action. (shrink)

The commercial introduction of genetically modified organisms (GMOs) has revealed a broad range of views among scientists and other stakeholders on perspectives of genetic engineering (GE) and if and how GMOs should be regulated. Within this controversy, the precautionary principle has become a contentious issue with high support from skeptical groups but resisted by GMO advocates. How to handle lack of scientific understanding and scientific disagreement are core issues within these debates. This article examines some of the key issues (...) affecting precaution as a legal standard and as an approach to the use of science in decision-making processes. It is pointed out that there is a need for reflection over the level of scientific evidence required for applying the precautionary principle as well as who should have the burden of proof when there are uncertainties. Further, an awareness of the broader scientific uncertainties found in GMO risk assessment implies that a precautionary approach must be elaborated: both for acknowledging uncertainties and for identification of scientific responses. Since precaution is an important issue within the sustainable development framework, it is suggested that sustainability can provide a normative standard that can help to reveal the influence and negotiate the importance of the various forms of uncertainty. Wise management of uncertainties and inclusion of normative aspects in risk assessment and management may help to ensure sustainable and socially robust GMO innovations at present and in the future. (shrink)

Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

This article brings forward the argument that the practical implementation of a corporate governance code cannot be realized by a compliance program alone. Its relevance in everyday business is determined by the moral values of the company culture. In this context, governance is defined as a company’s resources and capabilities, including the moral resources, to take on responsibility for all its stakeholders. A critical discussion of the agency theory, transaction cost theory, and organization theory shows that such an approach is (...) possible only when a company is not perceived as a maximizing machine for shareholders’ interests but as an economic form of cooperation of internal and external resources and stakeholders. An empiric study on 22 European corporate governance codes shows that the predominant majority of European codes orientate themselves to stakeholders and the company. The discussion of the empirical data reveals six basic principles that determine all European corporate governance codes: shareholder rights, transparency, voting rights, regulation of remuneration, design of organizational structures, and corporate social responsibility. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, (...) equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

The precautionary principle (PP) is fundamentally a claim that acting to avoid and/or mitigate threats of serious harm should be accorded high priority in public policy. Over the last three decades, governments and international bodies have endorsed it in principle, and some of them have incorporated it into some areas of policy practice. Yet, PP is controversial in policy circles, public discussion and scholarly discourse. Here the PP literature is reviewed from the perspective of economics, where the tendency is (...) to see theory and methods for rational decision-making under risk and uncertainty as well-established and risk management tools as well developed, and to view the PP with some circumspection. Following a brief introduction to PP concepts, history, applications, and controversies, I review and critique the standard economic approach to decision-making and risk management (here labeled ordinary risk management, ORM), identifying areas of incompleteness especially in the treatment of disproportionate and asymmetric threats. After reviewing some of the more prominent PP controversies in the scholarly literature, I suggest a conceptual framework for a PP that may withstand the major criticisms levied against the PP and make a unique and valid contribution to a decision and risk management arsenal that includes ORM. The framework relates the nature of the threat, the evidence, and the remedy indicated; and each of these elements is discussed in some detail. The scope of this PP is identified in general terms and distinguished from the quantity restrictions and regulatory safety margins that often serve as practical heuristics when ORM-based policies are implemented. Because the PP is clearly identified as a principle, I discuss the role of principles in policy design and implementation, and conclude with some suggestions as to how this PP could guide policy and management. (shrink)

The study aimed to identify the availability of the resource and partnership standard as one of the possibilities of excellence in Palestinian universities according to the European model. The study used the analytical descriptive method. The study was conducted on the university leadership at Al - Azhar and Islamic Universities, where the study population consisted of (282) individuals. The study sample consisted of (135) individuals, (119) of them responded, and the questionnaire was used in collecting the data. The study (...) has reached a number of results, the most important of which is the existence of a high standard of resources and partnership in the Palestinian public universities operating in the southern governorates. The fields of the resource and partnership criteria were as follows: (79.8%) management of internal and external partnerships; management of technical resources (technology) (76.4%), Buildings, equipment and resources (76%), Finance Management (72.8%). The study presented a number of recommendations, the most important of which is: Increasing the interest of universities in applying the criteria of resources and partnership as one of the criteria of excellence, increasing the interest of universities in managing finance and obtaining funding for their various activities, periodic maintenance of buildings and equipment and ensuring their suitability to the requirements of the educational process. (shrink)

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon Treaty. (...) Article 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (shrink)

This article focuses on problematizing the harmonisation of higher education in Europe today. The overall aim is to analyse the construction of the European citizen and the rationality of governing related to such a construction. The specific focus will be on the rules and standards of reason in higher education reforms which inscribe continuums of values that exclude as they include. Who is and who is not constructed as a European citizen? Documents on the Bologna process produced (...) in Europe and in Sweden are analysed drawing on the Foucauldian notion of governmentality, showing a neoliberal rationality of governing. The European citizen needs to become flexible, autonomous and self‐regulating as a way of facing the threats of the constantly changing future. The technique of diversity is a condition of possibility for constructing such a citizen and for harmonising higher education in Europe. Further, the current power relations in the discourse define what is and what is not European, thus constructing ‘the other’, the one who is excluded. (shrink)

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects are (...) identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations. (shrink)

Benefiting from a widely recognised experience of the field of bioethics, the Council of Europe which represents all the democratic countries of Europe, has embarked on the ambitious task of drafting a European Convention on bioethics. The purpose of this text is to set out fundamental values, such as respect for human dignity, free informed consent and non-commercialisation of the human body. In addition to this task, protocols will provide specific standards for the different fields concerned with the (...) application of biomedical sciences. The convention and the first two protocols (human experiments and organ transplants) are due to be ready for signature by mid 1994. (shrink)

The precautionary principle is a widely accepted policy norm for decision making under uncertainty in environmental management, However, some of the traditional ways of ensuring trustworthy results used in environmental science and of communicating them work contrary to the general goal of providing the political system and the public with as good an input as possible in the decision making process. For example, it is widely accepted that scientists should only communicate results fulfilling the traditional scientific standard for hypothesis (...) testing. The need for introducing complementary norms in environmental science is illustrated by a recent discussion among scientists on how the precautionary principle should be used in the context of marine biological studies. This discussion highlights the importance of the use of statistical power in communicating scientific results to decision makers and to the general public as well as to the scientific peers. We argue that it would be unethical to report only certainties—because of the need of early warnings—and it would in the same way be unethical to hide the uncertainties. Environmental science can make a better contribution to environmental decision making, if the available knowledge is communicated in a manner which allows for insight on how strong the evidence is. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the (...) ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

Although ethical decision‐making theory has evolved over the years, within the field of management, research still revolves around James Rest’s (1986) four‐step framework, dominated by a positivist epistemology and a quantitative methodology. Given that currently there is a call for a theoretical, epistemological, and methodological renovation for the enlargement and enrichment of knowledge about how decisions are morally made in organizations, this paper has a double aim. First, by showing the models’ main flaws and limitations, it critically assesses the prominent (...) theoretical models of Rest, Trevino, and Jones. Then, for decision making in organizations, the paper aims to posit a fresh moral theory that addresses the phenomenon from a comprehensive epistemological perspective. To do so, it steps back from those prominent models in order to review John Dewey’s “theory of moral life.” At the core of the proposed comprehensive theoretical framework are Dewey’s concepts of a “moral standard” and “valuation.” Finally, the paper shows how the Dewey‐based framework can both overcome the flaws and limitations that are identified in those prominent models and can enrich empirical research, therefore contributing to developing as a whole the ethical decision‐making field. (shrink)

Recital 33 GDPR has often been interpreted as referring to ‘broad consent’. This version of informed consent was intended to allow data subjects to provide their consent for certain areas of research, or parts of research projects, conditional to the research being in line with ‘recognised ethical standards’. In this article, we argue that broad consent is applicable in the emerging field of Computational Social Science (CSS), which lies at the intersection of data science and social science. However, the (...) lack of recognised ethical standards specific to CSS poses a practical barrier to the use of broad consent in this field and other fields that lack recognised ethical standards. Upon examining existing research ethics standards in social science and data science, we argue that they are insufficient for CSS. We further contend that the fragmentation of European Union (EU) law and research ethics sources makes it challenging to establish universally recognised ethical standards for scientific research. As a result, CSS researchers and other researchers in emerging fields that lack recognised ethical standards are left without sufficient guidance on the use of broad consent as provided for in the GDPR. We conclude that responsible EU bodies should provide additional guidance to facilitate the use of broad consent in CSS research. (shrink)

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity (...) into the private law through national social constitutions like Civil Codes has been far less successful.legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism. (shrink)

In this paper the coherence of the precautionary principle as a guide to public health policy is considered. Two conditions that any account of the principle must meet are outlined, a condition of practicality and a condition of publicity. The principle is interpreted in terms of a tripartite division of the outcomes of action . Such a division of outcomes can be justified on either “consequentialist” or “deontological” grounds. In the second half of the paper, it is argued that (...) the precautionary principle is not necessarily opposed to risk–cost–benefit analysis, but, rather, should be interpreted as suggesting a lowering of our epistemic standards for assessing evidence that there is a link between some policy and “special bad” outcomes. This suggestion is defended against the claim that it mistakes the nature of statistical testing and against the charge that it is unscientific or antiscientific, and therefore irrational. (shrink)

Political theorists aiming to articulate normative standards for the EU have almost entirely focused on whether or not the EU suffers from a ‘democratic deficit'. Almost nothing has been written, by contrast, on one of the central values underpinning European integration since at least the European Coal and Steel Community (ECSC), namely solidarity. What kinds of principles, policies, and ideals should an affirmation of solidarity commit us to? Put another way: what norms of socioeconomic justice ought to (...) apply to the EU? This is not an empirical or narrowly legal question. We are not trying to gauge the degree of attachment there currently is in the EU by, for example, citing the latest Eurobarometer poll. We are also not attempting to state the implicit rationale followed by the Court of Justice in its recent ‘solidarity’ jurisprudence, let alone trying to fix what the Commission might mean by it. In this article, I ask the more fundamental question underlying both the legal and the empirical questions: What principles of social solidarity ought to apply between states and citizens of the emerging European polity? This question has rarely been asked or answered by political theorists in an EU context, so we are entering largely uncharted territory. The article develops a tripartite model of EU solidarity in Section 2, and then applies it to the case of free movement of persons in Section 3. (shrink)

This chapter first addresses the standard definition of international organizations and the theory of functionalism. Then, it examines why the status of international organization may be deemed attractive. Functionalism appears highly plausible when it suggests why international organizations are set up since, obviously, a single state will be unable to guarantee the accurate delivery of mail abroad or provide for collective security. The chapter also focuses on the European Union, which can be regarded as possessing international legal personality. The (...) European Communities were all individually granted legal personality, and this was construed as including personality under international law. Functionalism finds its normative justification in the contribution of organizations to the common good, and the Court of Justice of the European Union's (CJEU), in similar spirit, has placed considerable weight on the public nature of the tasks of an international organization, both in SAT Fluggesellschaft and in Vardakas. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of (...) law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

The increased scrutiny of investors regarding the non-financial aspects of corporate performance has placed portfolio managers in the position of having to weigh the benefits of ' holding the market' against the cost of having positions in companies that are subsequently found to have questionable business practices. The availability of stock indexes based on sustainability screening makes increasingly viable for institutional investors the transition to a portfolio based on a Socially Responsible Investment (SRI) benchmark at relatively low cost. The increasing (...) share of socially responsible investments may play a role in providing incentives towards a continuous upgrading of sustainability standards to the extent that their performance is not systematically inferior to that of the other funds. This article examines whether these incentives have been so far detectable with particular reference to the Dow Jones Sustainability Stoxx Index (DJSSI) that focuses on the European corporations with the highest CSR scores among those included in the Dow Jones Stoxx 600 Index. The aim of the article is twofold. First, we analyse the performance of the DJSSI over the period 2001-2006 compared to that of the Surrogate Complementary Index (SCI), a new benchmark that includes only the components of the DJ Stoxx 600 that do not belong to the ethical index to evaluate more correctly the size of possible divergent performances. Second, we perform an event study on the same data set to analyse whether the stock market evaluation reacts to the inclusion (deletion) in the DJSSI. In both cases, the results suggest that the evaluation of the CSR performance of a firm is a significant criterion for asset allocation activities. (shrink)

The primary function of the European Court of Human Rights is to ensure that administrative and judicial processes in member states effectively conform to pan‐European Convention standards (‘constitutional justice’) rather than seeking to provide every deserving applicant with a remedy for a Convention violation (‘individual justice’). But, in order to do so effectively some core elements of the Convention's constitution require more deliberate articulation and more consistent application. In seeking to show how this might be achieved, this (...) article argues that three primary constitutional principles—the judicial protection of Convention rights (the ‘rights’ principle), the democratic pursuit of the public interest (the ‘democracy’ principle), and the principle of priority to rights (the ‘priority’ principle), each exercised according to the rule of law—can be distinguished from a cluster of secondary principles which support them in a variety of ways. An analysis of the Convention's key provisions shows, in particular, how the ‘priority’ principle can, and should, operate to give the Court's decisions greater coherence and constitutional authority. (shrink)

A code of ethics for the practice of nursing seeks to capture, in a written document, the normative values, ethical principles and standards of good care to guide nurses – qua moral agents. A codification of the accepted collective values of nursing can play a constitutional and directional role for the profession. It can further stimulate discussions about nursing that reflect the dynamic essence of the profession. Consequently, there is merit to continually reflecting on a code’s function and role (...) especially when a new or revised code is introduced to the nursing profession and the wider public such as the European Nursing Council’s Code of Ethics and Conduct for European Nursing. This paper examines codes of ethics in general and the European Nursing Council Code in particular using the framework of Gaumnitz and Lere. Although the European Nursing Council Code has all the ingredients of a contemporary professional ethics code, our position is that future iterations or addenda to this Code should be aligned to the UN Sustainable Development Goals and take a more radical step in becoming an exemplar of a nursing code that can be a catalyst for the advancement of the Sustainable Development Goals. (shrink)

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of (...) living and working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face. (shrink)

This paper is a survey of standards being used in the domain of digital cultural heritage with focus on the Metadata Encoding and Transmission Standard created by the Library of Congress in the United States of America. The process of digitization of cultural heritage requires silo breaking in a number of areas—one area is that of academic disciplines to enable the performance of rich interdisciplinary work. This lays the foundation for the emancipation of the second form of silo which (...) are the silos of knowledge, both traditional and born digital, held in individual institutions, such as galleries, libraries, archives and museums. Disciplinary silo breaking is the key to unlocking these institutional knowledge silos. Interdisciplinary teams, such as developers and librarians, work together to make the data accessible as open data on the “semantic web”. Description logic is the area of mathematics which underpins many ontology building applications today. Creating these ontologies requires a human–machine symbiosis. Currently in the cultural heritage domain, the institutions’ role is that of provider of this open data to the national aggregator which in turn can make the data available to the trans-European aggregator known as Europeana. Current ingests to the aggregators are in the form of machine readable cataloguing metadata which is limited in the richness it provides to disparate object descriptions. METS can provide this richness. (shrink)

Functionalism about mental phenomena must account for their multiple realizability. According to standard doctrine, this can be achieved by allowing our folk theory's realization formula to be multiply satisfied by distinct physical properties. If at all, uniqueness can then be restored by suitable relativization to populations or worlds. Recent arguments suggest that this is a dead end. Here the attempt is made to devise a novel type of functionalism that accounts for multiple realizability but rejects the standard doctrine and thus (...) proves immune to those arguments. The distinctive feature of this novel type of functionalism is its use of plural quantification in ramsification, which allows it to retain uniqueness of satisfaction despite multiple realizability while respecting naturalness requirements on physical properties. (shrink)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

As elsewhere, the ethical debate on embryonic stem cell research in Central Europe, especially Germany and Switzerland, involves controversy over the status of the human embryo. There is a distinctive Kantian flavor to the standard arguments however, and we show how they often embody a set of misunderstandings and argumentative shortcuts we term "embryological Kantianism." We also undertake a broader analysis of three arguments typically presented in this debate, especially in official position papers, namely the identity, continuity, and potentiality arguments. (...) It turns out that these arguments do not support the strong, quasi-personal status accorded to the embryos in these official opinions. (shrink)