Member State Level Research Articles

State Aid to Electricity Producers: National and EU Law Aspects

At European Union level, there is a detailed regulatory framework allowing Member States to introduce state aid. State aid is always granted for a specific purpose and helps Member States to achieve their common objectives. The energy sector is being moved towards reaching targets for both energy efficiency and climate neutrality, with a gradual withdrawal from fossil fuels. However, it is not always easy to align these targets at Member State level and to create the appropriate national regulatory framework. Therefore, this article in the light of the two most recent judgements of the Constitutional Court of the Republic of Latvia (hereinafter – Constitutional Court), analyses the importance of a fixed term of state aid for electricity production and some aspects of state aid for biogas cogeneration plants, including the development of EU law perspective. The article also examines the impact of the enforcement of the Constitutional Court’s judgments in the area of state aid in Latvia and explains the emerging concept of environmental constitutionalism.

Beyond the great firewall: EU and US responses to the China challenge in the global digital economy

ABSTRACT China’s Great Firewall was designed to control information flows to keep citizens in and the wider world out. Consequently, until recently China’s economic ascendancy was not mirrored in the global digital economy. However, China’s increasing digital footprint and championing of national technology firms present numerous economic and security challenges for the EU and US as the dominant digital powers. This paper investigates how growing perceptions of China-based threats in the digital domain have shaped EU (including Member State-level) and US policies. Two pertinent cases – Huawei (hardware provider) and TikTok (digital platform) – illustrate how threat perceptions have catalysed securitization moves to restrict Chinese firms’ roles within national digital economies. Western policymakers are increasingly concerned about China’s capacity to weaponize technologically interdependent relationships by exploiting its firms’ presence within Western networks. Yet significant differences between EU Member States’ perceptions precluded both a uniform EU-level response and more extensive transatlantic cooperation.

Policy learning for policy change on energy efficiency in European companies

The EU energy efficiency directive (EED) includes provisions to stimulate increased energy efficiency in companies. Mandatory provisions were first introduced in 2012 and recast in 2023. Policy learning has been suggested as an important route to policy change. This paper analyses how and why policy learning helped revising EU legislation to enhance energy efficiency in companies, using provisions of mandatory energy audits as a case. Negative experience from member states’ governments with the original provisions were voiced shortly after the adoption of EED. A complex process going back and forth between member state and EU levels led by a learning agent facilitated collective learning and change of beliefs, first in member states then in the Council. Several cognitive biases among individuals in the European Commission led to non-learning at the individual level and blocked learning at the collective level. This further blocked policy learning in the EU when EED was amended in 2018. However, external crises and the entering office of a new Commission College in 2019 made the Commission to reconsider its beliefs. Political leadership opened a window for individual and collective learning in the Commission and policy learning in the EU when provisions were changed with the recast of EED in 2023. This suggests that individual and collective learning in the EC is key for policy change to happen. Without new beliefs in the EC, it is hard to get a topic onto the policy agenda. The paper proposes policy recommendations on how to facilitate policy learning and suggests areas for further research.

An unemployment re-insurance scheme for the eurozone? Stabilizing and redistributive effects

This paper develops a decomposition framework to study the importance of different stabilization channels of an unemployment re-insurance scheme for the euro area. Running counterfactual simulations based on household micro data for the period 2000–21 and studying the effect of different trigger variables and activation rules, the paper finds that the re-insurance would have cushioned on average 7%–14% (3%–6%) of employment income losses through interregional (intertemporal) smoothing. The simulated re-insurance scheme would have been revenue-neutral at EA-19, but not at the member-state level. Average annual inpayments and payouts would have been below 0.1 per cent of GDP. A back-of-the-envelope calculation shows that the re-insurance could offset up to 18% of future output shocks. These results suggest that a re-insurance would significantly strengthen public risk sharing in the euro area.

Are farmers’ minds really too elusive to capture? A novel evaluation framework for the knowledge transfer initiatives in agriculture

ABSTRACT Knowledge transfer initiatives aim to improve farmers’ knowledge and skills for tackling the growing economic, environmental and social challenges in agriculture. However, their evaluation is often inadequate due to institutional barriers and a lack of comprehensive methodology for assessing normative and behavioural shifts within this social group. To address this gap, we developed an extended evaluation framework for the knowledge transfer activities within the European Union's Common Agricultural Policy (CAP), including three indicators levels: output, result and impact. The indicators and survey instruments were based on the Theory of Planned Behaviour and piloted in a selected EU Member State for evaluating knowledge transfer measures in the programming period 2014–2022. The results indicate a promising potential of the proposed framework for capturing the multifaceted outcomes of knowledge transfer activities in agriculture. The usefulness and feasibility of the evaluation framework were further assessed through interviews with AKIS actors. They highlighted that evaluation activities at the Member State level may be hindered by inconsistent long-term data collection, insufficient response and involvement of farmers, deviations from the agreed protocols and a lack of dedicated resources. To ensure the uptake of the proposed evaluation framework, evaluation culture within the managing authorities and among stakeholders should be systematically fostered at the Member State level. This process can be enhanced by adopting a more elaborated CAP monitoring framework and methodology guidelines and by providing targeted training on evidence-driven policy-making.

Has Mutual Recognition in the EU Failed?—A Legal-Empirical Analysis on the Example of Food Supplements Containing Botanicals and Other Bioactive Substances

The European Union lacks comprehensive legislation pertaining to food supplements containing botanical or bioactive substances other than nutrients, resulting in disparate regulatory frameworks among European Member States. Previous studies predominantly focused on the doctrinal analysis of these diverse regulations at both European and national levels, offering limited insights into their practical implementation by governing bodies. This research endeavours to scrutinize administrative practices governing legislation on food supplements featuring botanical or other bioactive constituents, which are subject to varying approaches across Member States. Employing a combination of doctrinal and empirical legal research methodologies, this approach involved a meticulous examination of the regulatory landscape governing food supplements at both EU and Member State levels. Simultaneously, an empirical investigation, conducted through expert interviews, aimed to elucidate whether discrepancies among national legal systems translate into discernible variations in the operational strategies of competent authorities. Additionally, this empirical inquiry shed light on the efficacy of specific EU directives aimed at harmonizing food supplement regulations at the national level. These findings delineate a fragmented regulatory environment for botanical and bioactive food supplements across Member States. Noteworthy disparities were observed not only in national legislative frameworks but also in the enforcement practices of regulatory authorities. Union-level governance efforts in particular by adopting a mutual recognition approach to mitigate fragmentation proved ineffective. Consequently, this research underscores an urgent imperative to expedite the harmonization of regulations governing botanicals and other bioactive substances present in food supplements across the European Union.

Transparency Unveiled: Access to Information in Digital Markets Act Proceedings at Member State Level – The German and Austrian Experience

Access to information is essential in order to guarantee fundamental procedural rights under EU law – in particular in order to make full use of the right of defence. At the same time, access to information ensures the greatest possible transparency for all parties and stakeholders. As another key point, access to information is also crucial in order to strengthen private enforcement, which is the second essential pillar of the effective enforcement of EU law in competition law. This article outlines the options provided for accessing information in the context of the new DMA in selected Member States, namely Austria and Germany. This article is part 2 on the issue of ‘Transparency Unveiled: Access to Information in Digital Markets Act Proceedings’.

Analysis of Export Competitiveness of Agri-Food Products at the EU-27 Level through the Perspective of Technical Complexity

This paper aims to identify the export competitiveness of agri-food products at the level of the European Union Member States, considering indicators/elements belonging to technical innovation (technical complexity) as well as qualitative elements. The main research problem is to examine the differences in the technical complexity of agri-food exports (EXPY) between EU Member States. Through detailed analysis of product categories and Member States’ performance, we have identified significant differences in the technical complexity of exports. Products such as dairy, meat, cereal and vegetable preparations were associated with high technical complexity, while fruit, tobacco and oils were classified in the low technical complexity category. We also identified Member States with exports characterised by high technical complexity, including Cyprus, Ireland and Luxembourg, and those with low technical complexity, such as Slovakia, Latvia and Croatia. These findings suggest the influence of various factors, such as economic specialisation, natural resources and R&D investment on shaping the agri-food export landscape in the European Union. In-depth analysis of these issues provides significant insights for understanding the economic and technical dynamics in the European agri-food sector.

Green and Reserve Logistics of Packaging and Plastic Packaging Waste under the Conditions of Circular Economy at the Level of the European Union Member States

Sustainable development involves constant efforts to reduce pollution by using resources as efficiently as possible. One of the sources of pollution is waste from packaging, recovery, and of course, the possibility of recycling them. The research theme of this paper is the reverse logistics of plastic packaging, which allows the realization of the idea of circular economy and green logistics, which promotes the idea of sustainable development. The EU is strongly committed to issues related to the management of plastic packaging and waste to reduce environmental pollution and achieve circularity goals. Through this article, we aim to highlight the degree to which the EU member states are included in the plastic packaging recycling targets for the year 2030. To highlight the evolution trend for the recycling rate of plastic packaging, we used an advanced forecasting model that runs a series of variables in order to draw up a forecast as accurate as possible. After highlighting the recycling rates for plastic packaging at the level of the EU member states, we proceeded to outline some recommendations in order to encourage the EU member states to make the recycling process more efficient. The current study continues the series of studies dealing with the problem of recycling, but it covers a topic not addressed until this moment, namely the behavior of the citizen regarding the recycling activity seen through the prism of national culture. The current study aims to strengthen the specialized literature in this field and to offer innovative solutions that appeal to the respective national cultures regarding the availability of the populations of the EU member states to address the problem of recycling plastic packaging, not only from a legislative perspective but also from a cultural one. In conclusion, this study generates a model of approach to government policies regarding the recycling of plastic packaging considering the types of national cultures prevailing in the EU member countries, with this being possible by grouping the countries into culturally homogenous clusters. In this way, the environmental policies enunciated by governments can be adapted to convey the message in a more personal way, considering the cultural differences between the EU member states.

Socio-Economic Modelers of Environmental Performance: Empirical Evidence from the European Union

Abstract The environment represents one of the main collective responsibilities of the current period, marked by accelerated economic development. In the context of increasingly pronounced ecological deterioration and less sustainable practices, the level of involvement of decision-makers and the population has become a great challenge. Beyond legislative mechanisms, which can help states improve their environmental performance, an important role is also played by knowing the direct and indirect factors that can act on this performance. The specialized literature approaches environmental performance from various angles, most studies being focused on analysis tools and how to measure it, and less on the factors that can shape it at the national level. In this context, our approach takes into account the synergies between the environmental performance at the level of the European Union member states (measured by the Environmental Performance Index - EPI) and the selected economic-social factors. The selected sample includes the 27 member states of the European Union, the analysis being carried out for the period 2006-2022. The research methodology is based on Bayesian network analysis through Gaussian graphical models. The obtained results show that environmental performance is closely related to economic and social factors, through positive or negative connections, the relationship being bidirectional. Our approach is thus intended to be useful in providing a series of information to support decision-makers both in the implementation of environmental policy at the European level and in the adjustment of some national regulations.

Lack of Transparency in Algorithmic Management of Workers and Trade Unions’ Right to Information: European and Polish Perspectives

Abstract The ‘black box issue’ is one of the biggest problems with algorithmic management. The lack of transparency in the operation and decision-making of AI is of greatest concern to those whose data is being processed (including employees). Trade unions, as the organisations that most represent the interests of workers, can play a big role here; however, they need to be empowered. There is a lack of legislation at EU and Member State level to set norms for this issue; the only country that has already introduced such legislation is Spain. The draft Polish regulation refers to the Spanish solutions and seems to be very interesting. It introduces the possibility for trade unions to obtain data from an employer on the operation of AI in relation to the algorithmic management of employees. The authors present this regulation against the background of EU recommendations and previous Polish legislation on the employer’s obligation to provide information. They also identify elements that need to be refined during the parliamentary process in order to make the regulation more effective in protecting workers’ rights.

Climate adaptation law: a European perspective

AbstractIn contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the unavoidable consequences of climate change. This article provides an overview of its legal basis from a European perspective. In addition to international law, especially the Paris Agreement, EU law is of central importance in this respect. It is primarily shaped by the EU Climate Law enacted in 2021. However, this Law only sets a general framework and is further defined by legal acts of various sectoral policies, especially in the field of environment. Climate adaptation regulations at the level of European member states are presented using the example of Germany, where a Federal Climate Adaptation Act is currently being drafted. Due to Germany's federal state structure, state legislation is also analysed. Most of the German states (“Länder”) have their own climate laws, although their content varies. The municipal level is only addressed with restraint in these laws. The reasons for this are of a fiscal constitutional nature and will be explained in more detail.

Is the EU steering national social and health policy making? A case-study on Finland's national reform

As part of the European Semester, Finland received country-specific recommendations (CSRs) in 2013–2020 that encouraged the reform of national social and health services. These recommendations were part of efforts to balance public finances and implement public-sector structural reforms. Finland has been struggling to reform the national social and health care system since 2005. Only on 1 January 2023 did the new wellbeing services counties become liable for organizing social, health, and rescue services. Studying the CSRs for Finland enables us to understand better what genuinely occurs at the EU member state level. This data-driven case study aims to disclose the relevance of the European Semester for Finland in the pursuit of a national social and health system reform. The mixed-method approach is based on the research tradition of governance, and the study contains features of data sourcing and methodological triangulation. Empirically, the research material consists of Finland's official policy documents and anonymous semi-structured elite interviews. The study highlights that although the received CSRs on the need to restructure social and health services corresponded to Finland's views, their influence to national reform efforts was limited. The CSRs were administered according to the established formal routines, but separately from the national reform preparations. The CSRs, however, delivered implicit steering, which were considered to affect social and health policy making in various ways.

Implementing the EU HTA regulation: Insights from semi-structured interviews on patient expectations, Belgian and European institutional perspectives, and industry outlooks.

Introduction: The goal of the Health Technology Assessment (HTA) Regulation 2021/2282 is to establish a more harmonized HTA framework, fostering member states cooperation and enabling equal patient access to innovative health technologies in Europe. This research aimed to assess the impact of the regulation on national HTAs, the strategic implications for health technology developers, and its influence on price and reimbursement negotiations. Methods: A scoping literature review encompassing peer-reviewed literature as well as grey literature was conducted. Between February and March 2023, semi-structured interviews (n = 20) were performed with stakeholders from Belgian governmental institutions, European institutions, advanced therapy medicinal product developers, academics, and sickness funds. The interviews were analyzed using the framework analysis method. Results: Numerous steps, such as the development of implementing acts and procedural guidelines remain to be taken. At member state level, national/regional HTA bodies and payers must act to adopt the new concepts of Joint Scientific Consultations (JSC) and Joint Clinical Assessments (JCA) within their national legislation, as well as revise their timelines and prepare for interactions at a European level. Compiling a harmonized PICO (Population, Intervention, Comparator, and Outcome), adapting local procedures, and increasing capacity to actively take part in the JSC and JCA are seen as primary barriers by several stakeholders. Training and education will help HTA bodies, payers, and health technology developers to participate in the European processes. Conclusion: While practical and legal challenges were identified, recommendations (such as actively preparing for the upcoming changes and increasing capacity while providing training) were provided to adapt national and European procedures to the needs of the HTA Regulation 2021/2282. The importance of fostering collaborations and aligning local HTA procedures with the new way of working set out by the Regulation was demonstrated with this study.

Comparison of measured and predicted herbicide concentrations in surface water catchments in Belgium.

In the process of approval of active substances and authorization in the European Union and at the member state level, it must be shown by the applicant that an unacceptable risk for nontarget organisms in the aquatic environment by the active substance can be excluded. To achieve this aim, standardized models, scenarios, and agreed pesticide input parameters have to be used to calculate the exposure as defined by the FOrum for the Co-ordination of pesticide fate models and their Use (FOCUS). During a period of daily surface water sampling lasting 3.5 years, a survey was conducted among farmers in the highly vulnerable catchment of Grote Kemmelbeek in Belgium to collect agronomic data on crops, application dates, and application rates of 12 applied herbicides and one metabolite. Daily surface water concentrations for the same herbicides were measured over 2.5 years for a second, much larger but less vulnerable, catchment of Kleine Aa (KAa). A comparison of realistic worst-case predicted environmental concentrations in surface water (PECsw) according to FOCUS with measured concentrations shows that, in the GKb catchment, the PECsw was never exceeded for six substances, was exceeded on only 1-2 days for five substances, and was exceeded on 9-27 days for two substances. For the KAa catchment, the PECsw was only exceeded on twodays for one compound and never for the other 12 compounds. These numbers correspond to a level of protection of the FOCUS PECsw between 100% and 97% and are much higher than the regulatory protection goal of 90%. These two case studies demonstrate the protectiveness of the FOCUS surface water approach. Integr Environ Assess Manag 2024;20:1447-1462. © 2024 Bayer AG. Integrated Environmental Assessment and Management published by Wiley Periodicals LLC on behalf of Society of Environmental Toxicology & Chemistry (SETAC).

On Migration As A Significant Challenge For The European Union

European society is currently facing several important challenges. One of the most significant is the challenge of mass illegal migration, which encompasses security, political, economic, social, societal, legislative and many other aspects. Migration thus represents a very complex problem, the solution of which is by no means not simple. It requires the adoption of a number of comprehensive, mutually synergistic measures and steps, both at the level of the European Union as a whole and at the level of individual Member States. That is also why the author deals with the issue of mass illegal migration to the EU in the article. The author´s interdisciplinary research primarily draws on official information and data published by competent European and other institutions, while using relevant scientific methods aimed at showing that migration represents a very complex and multifaceted phenomenon and, in recent years, one of the greatest challenges for the European Union.

Assessing media mergers and acquisitions: The power pyramids of regulatory cooperation

Due to the media goods’ dual economic and cultural role, merger and acquisition (M&A) assessments are complex and differ from M&As in other sectors. An additional layer of complexity is added to the assessment when various authorities are involved. An even more complicated matter is when the authorities have different remits. These authorities mostly comprise National Competition Authorities that enforce competition law, focused on economic considerations, and National Regulatory Authorities that enforce and oversee the application of media law, focused not only on setting rules and limitations on the media market but also on considering non-economic elements such as plurality. In certain countries, ministries and government authorities can intervene in these assessments. There have been discussions on the need for cooperation between authorities, however, mostly at the international level. Thus, little is known about the current cooperation procedures at the national level. The article proposes a typology of cooperation at the EU member states level and the United Kingdom and introduces the concept of the ‘power pyramid’ to represent the hierarchical relationships between authorities. Cooperation proves that competition policy and media-specific regulation are intertwined and are complementary. Furthermore, the article shows that having more than one authority assessing media M&As leads to media pluralism being more often explicitly one of the criteria used in the assessments, and thus providing a more holistic approach.

Sharing Energy as Part of the Sharing Economy? New Developments in the EU Energy Transition: Legal Analysis

Abstract The global and European energy markets are changing profoundly before our eyes. The European Union (EU), wishing to achieve energy independence soon, including independence from fuel supplies, is turning its attention to renewable energy sources. It is no longer only important to achieve a high level of use of renewable energy sources, but also to maintain local energy security by supporting local energy production from renewable sources at the level of individual EU Member States. This is taking place in very different directions and through various support tools. The sharing energy phenomenon also finds support today on the regulatory side in EU law. Amongst others, there is Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources and Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market in electricity, which provide for forms of decentralised energy market and certain forms of community energy in the form of electricity prosumers and various types of energy communities. The basic research question addressed in this study is - how does the sharing energy phenomenon fit into the broader sharing economy phenomenon today? It also asks in what way does EU regulation currently support the development of the sharing energy phenomenon? The research area in this paper is narrowed down to EU law also includes references to Polish law.

The Free Movement of People in SADC

The Southern African Development Community (SADC) member states committed under Article 5(2) (d) of the SADC Treaty to develop policies aimed at the progressive elimination of the obstacles to the free movement of capital, labour, goods and services. The 2005 SADC Protocol on the Movement of People was celebrated as a giant step towards the realization of the regional integration objective of building SADC into a regional community that is fully integrated where citizens enjoy the freedom of movement across regional borders. Whilst substantial efforts have been invested in developing various legal and policy frameworks to open up borders for the free movement of people within SADC, thirty (30) years since the formation of SADC in April 1980 as the Southern African Development Coordination Conference (SADCC); the region is facing serious challenges relating to the free movement of people, migration and labour movement. In reality, SADC member states’ governments have been confronted with serious feasibility challenges, complexities, risks and dilemmas as they attempt to implement commitments made towards the free movement of people in the region, with political, security, economic, strategic, and technical factors often cited as obstacles. This paper sought to critically reflect on the feasibility aspects, policy dilemmas at member state level as well as strategic considerations that stand on the way of free movement of people in SADC. The focus was on examining possibilities, capacities and prospects of SADC member states (in their collectivity and individuality) in addressing the underlying, structural and operational obstacles that are impeding the free movement of people in the region. Secondary data sources are used for analysis, and the three concepts of free movement of people, migration and regional integration provide conceptual lenses for analysis. Findings are key in providing perspectives on how SADC member states may need to collectively address the fundamental questions and issues that facilitate the free movement of people in the region.

Resource efficiency indicators in measuring eco-innovation in EU countries

The aim of the article is to analyse the diversity of the level of eco-innovation in the EU Member States in the field of resource efficiency. For this purpose, the resource efficiency outcomes indicator and its sub-indicators were used. The study was prepared on the basis of data from the General Directorate for the Environment. Using positional statistical measures, an analysis of the diversification of the eco-innovation level of the European Union Member States in 2012-2021 was carried out, and the trends of changes in this differentiation were identified. The analysis showed that the difference between the level of eco-innovation in the indicators studied in the EU Member States does not decrease, and there is still a very large difference between the most and the least innovative countries. To date, we have not found this kind of research, so the research carried out fills the research gap in this area.