Early in the COVID-19 pandemic, between March and July 2020, Spanish national and regional authorities made extensive use of soft law mechanisms to fight the spread of the virus and to tackle the consequences of the crisis. Soft law was used either as an instrument in and of itself, or as a justification for hard law instruments, with more than 200 non-binding measures being enacted by the state and by the Autonomous Communities. Spanish courts also used soft law as a tool to interpret existing hard law instruments, Such uses give rise to concerns about the transparency of administrative action and the principle of legal certainty. Moreover, the widespread use of soft law to justify the adoption of binding measures restricting fundamental rights might have consequences for democratic accountability and judicial control of executive action. This article indicates the need to reconsider the current system of constitutional and legal constraints attached to this form of regulation, by introducing some binding procedural rules relating to its adoption and its publication, and by clarifying its legal effects and the mechanism through which it can be enforced by courts.

In this article I describe and analyse the current regulatory developments at EU level concerning the marketing of foods produced from cloned animals. As they are on the verge of commercialisation in countries outside the EU, especially in the United States, foods from cloned animals are likely to reach the European consumers in the foreseeable future. Yet at the moment there is no specific legal framework that regulates such products in the EU. The European institutions have, however, opened up a debate to determine the appropriate European policy approach towards animal cloning. The recent discussion reveals that the variety of potential yet very uncertain risks associated with animal cloning renders the drafting of suitable legislation difficult. At the same time, Europe's regulation of food risks also entails certain regulatory risks of its own (e.g. risks of political, economic, and legal conflicts within the EU as well as with EU's trade partners). By considering the discussion on animal cloning in the broader context of EU's regulation of genetically modified organisms and of nanotechnology, I identify the legal and political problems of current regulatory options. I argue that such problems should be openly addressed in the regulatory discussion; it is possible for them to be minimised if lessons are drawn from previous regulatory experience.

Ulrich Beck's Risk Society: Towards a New Modernity provides a lens through which we can analyze contemporary debates over risk regulation of agricultural biotechnology. This article establishes the political and cultural context into which genetically modified organisms (GMOs) were introduced in the European Union, by reviewing the HIV-contaminated blood scandal, mad cow crisis, and dioxin contamination episode. These public health and food safety scandals exemplify the side effects of modernization as outlined by Beck. Beck also predicted the development of a solidarity arising from the public's anxiety over the global distribution of modernization's risks. The impact of these cases on risk regulation illustrates the political and social reaction to the invisible, global risks of late modernity. The subsequent response to this reaction in European risk regulation further demonstrates the tension between a globalizing market and public anxiety in risk society.

In this article, we argue that the design and timing of regulatory responses, as well as the adherence of the population to the relevant rules, have a critical impact on the progression and public health consequences of the COVID-19 pandemic. This hypothesis is empirically tested using the example of Poland, a country that experienced, compared to its Western European neighbours, a relatively mild first phase of the pandemic. In this context, we compare Poland with selected countries, including France, Germany, Spain and the UK, and we supplement them with examples from other Visegrad Four (V4) countries – Czechia, Slovakia and Hungary. On that basis, we conclude that while the observed differences between the countries in the progression of the COVID-19 pandemic are the result of a multitude of complex and interrelated reasons (such as demographic structure, population density and connectivity or cultural factors), well-designed public health measures, which are implemented early as a part of the proactive strategy that anticipates and reacts quickly to changing circumstances, can effectively decrease the number of COVID-19 infections and related deaths, provided that the adherence of the relevant population is high.

This article sheds light on cybersecurity risk disclosure practices, offering explanations based on the corporate governance literature. We argue that cybersecurity risk management poses particular challenges for corporations due to amplified agency problems. Cybersecurity risks are increasing in number and growing in complexity for companies worldwide. The financial sector in the Benelux region was already digitalising rapidly when, in 2020, enhanced remote-working requirements due to the COVID-19 pandemic further contributed to risk exposure. Substantiating our theoretical discussion, we present and discuss insights as to the most pressing cybersecurity risk management issues in the financial sector based on evidence from semi-structured interviews with Chief Information Security Officers/Chief Security Officers from financial sector leads in the Benelux region. We discuss contemporary factors that might induce management to dedicate more attention to cybersecurity. This apparent shift in companies’ approaches regarding cybersecurity is likely to encounter obstacles and should not be expected to be an even and linear process, given the challenges of processing and communicating information in an environment featuring high uncertainty and technical complexity as well as potentially misaligned incentives.

Pharmaceutical science has provided humans with better and cheaper treatments. However, with improved access to medicines, the amount of pharmaceutical waste also grows. Pharmaceutical waste is regularly mismanaged by households, which is considerably and unnecessarily adding to the “pharmaceuticals in the environment” problem. Redesigning existing pharmaceutical takeback schemes and their regulation is a potential step towards a reduction of the problem. Interdisciplinary research between the fields of psychology, law, public health and medical science is necessary to tackle the issue and to design effective regulation steering responsible patient behaviours.

The European Union tried to establish a “coexistence” policy for the cultivation and processing of GM and non-GM products after the political agreement that put an end to the 1999-2004 moratorium.

On 08 October 2013, the General Court of the European Union (hereinafter General Court) delivered a judgment based on the Aarhus Regulation 1367/2006 on the access to information on substances under plant protection law, which attracted considerable attention among experts with conflicting response from environmental associations and industry. The judgment – still appealable at the time this article was written – would in case of becoming unappealable result in extensive limitations to the protection of commercial and industrial secrets under plant protection law, but additionally also generally under substance law. The following article analyses the content of the decision.

This article reviews the policy process of setting maximum levels for aflatoxins by the European Union and the Codex Alimentarius Commission. The differences between the two regulatory organizations and the difficulties entailed in the alignment of the two standards are illustrative of the problems inherent in risk analysis in the food sector. This case is also instructive with respect to the way in which scientific evidence is used when deciding on appropriate food safety standards.

This paper argues that the EU regulatory practice in the food area may be unnecessarily applying the Precautionary Principle by focussing on upper intake limits for naturally occurring nutrients, while not controlling the quality of the ingredients used in commercial products even though precedents of public health issues arising from adulterated ingredients do exist. Risk governance depends heavily on expert evidence and the case of amino acid supplements is used to document an industry-supported effort to strengthen the science database and thus enhance the regulatory process: Thus ensuring that amino acid use in the EU is safely and proportionately regulated. Scientific work conducted in the last decade by the not-for-profit association, the International Council on Amino Acid Science (ICAAS) is used as a simple case study highlighting the role of proactive clinical research in an era characterized by precaution in risk management, and by the escalating costs of scientific research, and the growing influence of the internet.

Co-regulation presents an odd paradox in today's context of a shifting emphasis from government to governance. In the first place, co-regulation implies horizontal, ‘networked’ relations between government and industry. Yet at the same time, it has the hierarchical connotation inherent in regulation. The main concern addressed in this paper is what this ambiguity means for evaluations of co-regulation. What is failure here? Two contrasting interpretations of ‘governance’ are described, and a case study from the Dutch poultry sector is presented to seek explanations for failure. The two interpretations are found to provide complementary explanations for failure. This suggests that evaluations adopting a single perspective may produce all-too-easy – though misleading – conclusions.

Setting a minimum unit price for the sale of alcoholic beverages has been on the agenda of the Scottish government for many years. As far back as 1999 the then newly formed Scottish Government decided to review data on the use of alcohol that revealed trends in Scottish alcohol consumption such as the fact that in the two decades following 1994 alcohol sales went from being split equally between the on-trade and off-trade to the off-trade comprising around 70 per cent of sales. Further studies reveal that the affordability of alcohol throughout the whole United Kingdom increased steadily between 1987 and 2007, with duty increases frequently short of inflation, and with supermarkets continuing to use alcohol as a loss leader. The result has been an increase in the affordability of wines and beers by 129% and 153% respectively.

Chemical terrorist attacks by non-state actors have traditionally been characterised as low probability events; however, the apparent normalisation of chemical weapons use, including by terrorists, in the ongoing conflict in Syria is causing some in the international security community to question whether it will remain low probability. For Europe there is an additional potential concern, namely the numbers of EU citizens who are “foreign fighters” and whose return from the conflict zone might also result in “importing” chemical weapons use. This article examines the rise of the “chemical weapons-returning foreign fighter” narrative and considers aspects of the European response. These responses predate the current concerns and include important efforts to create a robust public health response, such as early alert and communication systems, so that the attractiveness of these weapons being used within a European context might be reduced. Although there are limitations as to how far one can transfer what happens in a Syrian context to Europe, the suggestion is made that some of the framing assumptions within this response architecture may be now inadvertently limiting the potential to identify and respond to chemical attacks.

Recognising the importance of science to climate policies, the Paris Agreement on Climate Change (the ‘Paris Agreement’ or ‘Agreement’) stipulates that ‘an effective and progressive response to the urgent threat of climate change’ should be based on ‘the best available scientific knowledge.’ The terms ‘best available scientific knowledge’ or ‘best available science’ are used in several places throughout the agreement.

The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.

Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.