The European Commission's Green Paper on European Contract Law

In July 2001 the European Commission published a Communication to the Council and the European Parliament, its so-called "Green Paper" on European Contract Law (COM (2001) 398). This document seeks feedback on the options sketched by the Commission for future European Community action in the contract law field.The present note, which incorporates as an Appendix the text of the Green Paper itself, is designed to explain the background to the Commission's intervention (the first section, pp. 339–350 below), to provide a brief commentary on the content of the Green Paper (the second section, pp. 350–356) and then to assess the constitutional implications of a proposed advance towards a European Contract Law (the third section, pp. 356–371). It is argued that the debate about the creation of a European contract law is properly seen not merely as a matter of cultural feasibility and of commercial desirability, but that in addition assessment of the EC's potential contribution is heavily conditioned by increasing constitutional anxieties about the EC's legitimate role in the field of market regulation. The Green Paper avoids explicit treatment of the constitutional dimension of European contract law, yet, it is argued in this note, this is in fact unavoidable in the wake of the European Court's seminal judgment of October 2000 in the so-called "Tobacco Advertising" case in which it for the first time invalidated a measure of harmonisation of laws on the basis that an insufficient connection with the process of market-building had been shown by the European Community's legislature. This demands that the constitutional validity of legislative proposals in the field of contract law be examined with care, for the EC, an entity created by an international Treaty, has been endowed with no general competence as lawmaker in this or any other field, even though past legislative practice may have tended to obscure this constitutionally fundamental principle.     

The cyclical impact of EU cohesion policy in fast growing EU countries

Most of the newly acceded central and east European EU countries are among the main beneficiaries of EU Cohesion Policy. The main objective of this policy is to improve the long-term growth and employment prospects of the supported regions, and thereby to support convergence towards higher levels of per capita income. In the short run, however, EU Cohesion Policy may at times amplify macroeconomic challenges for supported countries. In periods of a downturn of the economy it can have a stabilising impact. During periods of unsustainably fast economic growth, however, its short-term demand effects may contribute to internal and/or external macroeconomic imbalances. Economic policymakers should thus ensure that EU Cohesion Policy enhances long-term productivity, while avoiding, in times of overheating, an increased risk of unsustainable developments as a result of the additional demand stimulus from EU Cohesion Policy. The opinions expressed in this article are those of the authors and do not necessarily reflect those of the European Central Bank. The authors are grateful to Martin Bijsterbosch, Gesa Miehe-Nordmeyer, Ad van Riet, Philipp Rother and Desom Weller for their helpful comments.     

Europe’s agricultural policy facing new alternatives

“If the right decisions are not now taken, the Common Agricultural Policy of the European Community may collapse. The hour of truth has struck for agriculture.” So the Commissioner for Agriculture, Gundelach, in the spring of 1980 when appealing to the Members of the European Parliament “to support the Commission’s moderate proposals for price increases and the proposed measures for reducing the agricultural surpluses”¹. This scenario gives great topical value to findings set out in a publication, “Europe’s Agricultural Policy Facing New Alternatives”², of which we present here a summary. Its wellknown authors have tried to map out routes to a less contentious agricultural policy for the future.     

论城市改造中对困难群体的心理援助

拆迁中的困难群体既是经济上的弱势群体。也是心理弱势群体。其心理问题主要表现为矛盾心理、对当前所失去的而产生的恐惧与紧张、对未来生活的担忧、生存安全感的缺失等。分析产生的原因，既有行政权力行使不当、拆迁补偿不公平、拆迁工作不透明等外因，也有其自身方面的原因。因而要及时给他们实施积极的心理干预和扶助措施。今后应进一步加强政策宣传。消除疑虑心理；依法拆迁，增强群众的信任感；拓宽民意表达渠道，消除群众不满情绪；完善社会保障制度，免除困难群众的后顾之忧；建立心理干预机构，消除被拆迁户的相对剥夺感；建立以社会参与为主导的民间救助网络。     

Impact of EU agricultural policy on developing countries: A Uganda case study

Despite substantial reforms, the European Union (EU)'s Common Agricultural Policy (CAP) is still criticised for its detrimental effects on developing countries. This paper provides updated evidence on the impact of the CAP on one developing country, Uganda. It goes beyond estimating macrolevel economic effects by analysing the impacts on poverty. The policy simulation results show that eliminating EU agricultural support would have marginal but nonetheless positive impacts on the Ugandan economy and its poverty indicators. From the perspective of the EU's commitment to policy coherence for development, this supports the view that further reducing EU agricultural support would be positive for development.     

Eastward enlargement of the EU: Will agricultural policy be an obstacle?

The political preparations for enlarging the European Union to include the Central European countries are in full swing, but economic policy preparations have not yet begun. There is a need for adjustment primarily in the Central European countries, but also in sensitive areas in the EU itself, particularly the Common Agricultural Policy. Will agricultural policy be an obstacle to eastward enlargement?     

The Experience of Financial Hardship in Australia: Causes,Impacts and Coping Strategies

Journal of Consumer Policy - This article outlines the findings of Australia’s first large-scale study on the experiences of people who have recently been unable to pay a debt when it fell...     

The chances for a thorough reform of the common agricultural policy

That the Common Agricultural Policy of the European Community is in need of reform is by now commonly accepted. But all moves for a reform on the political level have been postponed until after the French elections in the spring, a fact which highlights the political problems. Is there a real chance of a thorough reform of the CAP?     

Whistleblowing Auditors - the Ultimate Oxymoron?

The traditional wisdom that auditor whistleblowing is disloyal and unprofessional is under pressure in the light of public concern and the public interest, but professional support is not keeping up and more European research is needed. The author is Whitbread Professor of Business Policy at Luton University College of Higher Education, and editor of Managerial Auditing Journal.     

Corporate Social Responsibility and Psychosocial Risk Management in Europe

Corporate social responsibility (CSR) is a comprehensive concept that aims at the promotion of responsible business practices closely linked to the strategy of enterprises. Although there is no single accepted definition of CSR, it remains an inspiring, challenging and strategic development that is becoming an increasingly important priority for companies of all sizes and types, particularly in Europe. Promotion of well-being at work is an essential component of CSR; however, the link between CSR, working conditions and work organisation is still found to be unfamiliar to stakeholders. As CSR is strategic and is regarded by many companies and corporate leaders as an important development, it offers opportunities for psychosocial risk management, an area that is currently among the top priorities in working environment and well-being at work debates. However, the link between CSR and psychosocial risk management has not been addressed clearly before. This paper aims to explore the potential role of CSR in promoting well-being at work through the development of a framework for the management of psychosocial risks. As part of the research, key stakeholders [including the World Health Organization (WHO), the International Labour Organization (ILO), the European Agency for Safety and Health at Work (EU-OSHA), the European Commission (EC), employers’ associations, trade unions and other policy experts] across Europe participated in a survey, interviews and focus groups to assess and clarify the link between CSR and psychosocial risk management. On the basis of the findings, a CSR-inspired approach to the management of psychosocial issues at work is proposed. Such an approach can be a useful tool in contexts where, up until now, expertise and tradition in dealing with psychosocial issues have been lacking.     

Consumers and the single currency

The introduction of the notes and coins of the new currency will for consumers be the most visible sign of the existence of the European Union. The object of this article is to examine the practical problems of their introduction for consumers. A Green Paper issued by the European Commission calls for the setting up of numerous dialogue and co-operation structures, in particular national pilot structures. Consumer organisations will have a decisive role in these structures. The introduction of the single currency is a major challenge, for the years to come, for all those concerned with consumers' daily lives. The extent of this challenge may not have been correctly perceived.

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Die Verbraucher und die gemeinsame Europäische Währung

Zusammenfassung Die Einführung der Geldscheine und Münzen der neuen europäischen Währung wird für die Verbraucher das äußerlich am besten sichtbarer Zeichen für die Existenz der Europäischen Uunion sein. Der Beitrag behandelt die praktischen Probleme, die die Einführung der neuen Währung für die Verbraucher mit sich bringt. Ein von der Kommission in Auftrag gegebenes Grünes Papier fordert die Schaffung zahlreicher Strukturen für Dialogue und Zusammenarbeit, insbesondere auf nationaler Ebene. Verbraucherorganisationen sollten in diesen Strukturen eine entscheidende Rolle spielen. Die Einführung der einheitlichen Währung ist in den nächsten Jahren eine große Herausforderung für all jene, die sich mit dem Alltag der Konsumenten beschäftigen. Das Ausmaß dieser Herausforderung ist wohl nicht angemessen vorhergesehen worden.

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Jean Allix is Principal Administrator, DG XXIV Consumer Policy, European Commission, Rue de la Loi 200, B-1049 Brussels, Belgium. This paper has previously appeared in French in INC Hebdo Special Europe, 30.6.1995. The views expressed are those of the author and not necessarily those of the Commission.     

Change at the ECB Executive Board

In view of the future enlargement of the euro area the European Central Bank (ECB) will have to be reformed. The ECB itself has presented a reform proposal which points in the right direction, but which could be improved upon for more efficient decision-making.

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*Sylvester C. W. Eijffinger, Professor of European Financial Economics and Jean Monnet Professor of European Financial and Monetary Integration, CentER, Tilburg University, The Netherlands; Professor of European Financial Integration, RSM Erasmus University, Rotterdam, The Netherlands; Research Fellow, CEPR, London; Member of the Panel of Experts of the Committee on Economic and Monetary Affairs of the European Parliament to which the article was first presented as a Briefing Paper in March 2006. Comments on an earlier version of the Briefing Paper by Prof. Hans Blommestein and Dr. Edin Mujagic are gratefully acknowledged.     

European raw materials policy — past and current development

In world-wide negotiations and agreements on raw material problems the Community is either taking part as such or represented by the member state providing the Chairman of the Council. Admittedly it has often been difficult to work out the required common position for the member states, and only insofar as a consensus has been reached between them can therefore be talked of a European Raw Material Policy.     

The coronavirus crisis and the technology sector

Business Economics - The coronavirus crisis has created a profound shift in how people interact and economies function. Policy mandates and fears of becoming infected or infecting others have...     

Preference Erosion – The Case of Everything But Arms and Sugar

While the European Union's Everything But Arms (EBA) agreement has granted unlimited preferential access to the European market for the least developed countries (LDCs) since 2001, the sugar sector has been exempted for the first years. Only from 2009 on, the LDCs were entitled to export an unlimited amount of sugar to the EU, receiving the intervention price. The expected increase in sugar imports led the EU to substantially reduce the intervention price, besides other measures. This caused a disadvantage for countries which had been granted preferential access to the European market already: the African, Caribbean, and Pacific (ACP) countries. Our paper quantifies this erosion of preferences, employing a gravity framework. In terms of methodology we are addressing two fundamental problems well known in the gravity literature. The occurrence of excess zeros in the dependent variable of such disaggregated data is tackled with the employment of the scale‐independent negative binomial quasi generalised pseudo maximum likelihood estimator. The problem of identification is addressed by modelling the policy change with the continuous preference margin instead of using dummy variables. We find that preference erosion did occur. The ACP countries were indeed negatively affected by the consequences following the introduction of the EBA.     

Agriculture in the EU’s Eastern enlargement

After almost a decade of preparations, with many delays caused by disagreement about the specific conditions under which CEECs will adopt the Common Agricultural Policy, the schedule for the European Union’s “Eastern” enlargement has finally been set. This article deals with the current status of the enlargement and the outstanding agricultural issues for CEECs following the Copenhagen European Council.     

European raw materials policy — past and current development

In world-wide negotiations and agreements on raw material problems the Community is either taking part as such or represented by the member state providing the Chairman of the Council. Admittedly it has often been difficult to work out the required common position for the member states, and only insofar as a consensus has been reached between them can therefore be talked of a European Raw Material Policy.

     

Ethical aspects of an urban catastrophe

As a consequence of the collapse of a building in Barcelona, in December 1990, it was discovered that a large number of dwellings, mainly in Barcelona but also in other towns of Catalonia, were affected by a structural defect known as aluminosis, consisting of a deterioration of the reinforced concrete manufactured using aluminous cement, which considerably reduced its strength and that of the steel embedded in the concrete. This brought to light a series of economic, social, political and also moral problems, such as the use of the aluminous cement itself — a quality product but which requires careful handling —, the lack of regulation concerning the product and its use in construction, the poor state of repair of the buildings affected, the careless manner in which they had been built, the lag in technical knowledge, the financial situation of the people affected by the aluminosis, etc.This document provides a full account of the events and their historical, technical, economic and legal background, paying particular attention to the ethical problems created by the situation.Antonio Argandoña is Professor at IESE, the International Graduate School of Management of the University of Navarra in Barcelona (Spain), where he teaches Economics and Business Ethics. He is a member of the Executive Committee of EBEN (European Business Ethics Network), and of the Organizing Committees of the Second (Barcelona, 1989) and Sixth (Oslo, 1993) European Conferences on Business Ethics. He is also co-editor ofPeople in Corporations: Ethical Responsibilities and Corporate Effectiveness (Kluwer, 1990) and author of many articles on business and economics ethics. This article was presented to the Fifth European Conference on Business Ethics (Paris, October 1992).     

Accessibility of Computer-based Simulation Models in Inherently Conflict-Laden Negotiations

The use of computer-based simulation models has a long history in areas such as environmental planning and policy-making, and particularly in water management. Policy making in these areas is often characterized by inherent conflict among diverse stakeholders with divergent interests. Although simulation models have been shown to be helpful for such problems, they are typically under the control of a technical analyst or governmental agency and are not available to negotiators in real time. Recent trends in computer technology and user expectations raise the possibility of real-time, user-controlled models for supporting negotiation. But is such accessibility likely to be helpful? This study used a "compressed" longitudinal experiment to investigate the impacts of different scenarios of accessibility of computer-based simulation models. The task was based on a real-life problem in Colorado River water management. Results revealed no significant differences among conditions for either solution quality or satisfaction. These results suggest that the common notion of "more is better" may be inappropriate, and resources for improving computer support of negotiation might best be focused elsewhere.     

The panic buying behavior of consumers during the COVID-19 pandemic: Examining the influences of uncertainty,perceptions of severity,perceptions of scarcity,and anxiety

The lack of a vaccine for COVID-19 and the limited amount of reliable data on the cessation of the disease have made people feel more vulnerable to the disease. As a result, people in many countries have been found to engage in panic purchasing, which has adversely affected the supply system for the retail market. Applying behavioral inhibition system theory, reactance theory, and expectancy theory, this research examines how psychological factors such as uncertainty, perceptions of severity, perceptions of scarcity, and anxiety affected the panic purchasing behavior of consumers. This study was conducted in Malaysia in light of the 2020 outbreak of the COVID-19 pandemic. The results from structural equation modeling indicate that uncertainty, and perceptions of scarcity are positively associated with anxiety but not with the panic purchasing behavior of consumers. In addition, anxiety fully mediates the relationship among these variables and the panic purchasing behavior of consumers. Taken together, these findings provide support for doing more empirical research in order to develop a more resilient retail strategy and to improve consumer service.