The Public-Private Challenge
Erasmus School of Law and the Faculty of Law of Groningen University have joined forces in the ‘The Public-Private Challenge’, addressing cross-cutting societal challenges across various levels of governance (local, national and international), across various disciplines (public and private law, economics, criminology), both empirical and doctrinal, and across various sectors (ecology, health, finance, technology) to guarantee an integrated approach to the study of public and private interests.
Research & Impact
View our recent research projects, grants, publications, presentations and media appearances.
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Law, AI, and Regulation (LAIR) Conference
We are pleased to announce our International Academic Conference on Law, AI, and Regulation. The conference will be held over two days in Rotterdam on 8 and 9 June 2023. A call for papers will be published in January 2023. Stay tuned! The conference is supported by Erasmus Graduate School of Law, Dutch Sector Plan: Rebalancing Public & Private Interests and Erasmus Center of Empirical Legal Studies, and Jean Monnet Centre of Excellence Digital Governance
In: European Journal of Comparative Law and Governance 2022, 2, p. 187-209.
Jurisdictions around the world are adjusting their insolvency laws with the aim to offer debtors in financial difficulties instruments that enable them to bring the company to a healthy state as soon as the problems arise. The rationale is that viable companies should have access to procedures that permit them to continue business, in whole or in part, by changing their capital structure as well as carrying out operational changes. Directors’ duties to creditors form a regular part of the laws concerning insolvency and therefore, a change in the insolvency laws will, arguably, have consequences for directors’ duties. In this paper, the impact of new preventive restructuring tools in the Netherlands and the UK on directors’ duties is discussed.
In: F. Allum, & S. Gilmour (Eds.), Routledge Handbook of Transnational Organized Crime (2 ed.)
Based on three case studies of transnational organized environmental crime, this chapter, on the one hand, aims to illustrate some direct and indirect harm caused by environmental black markets. On the other hand, it aims to critically assess the often artificial distinction between organized and corporate crime in environmental crimes. Since the 1990s, so-called green criminologists have critically studied the environment in the broadest sense of the word, focusing on various forms of environmental harm, crime and regulation, often drawing parallels between ecological and socioeconomic or political inequalities. Waste crime is the trade, treatment or disposal of waste in ways that breach international or domestic environmental legislation and cause harm or risk to the environment and human health. Wildlife crime is one of the areas that have long been recognized as a key environmental crisis. Many species, both big and small, are on the brink of extinction or have gone extinct because of trade and poaching.
In: European Journal of Comparative Law and Governance 2022, 2, p. 210-235.
Consumer protection directly influences the design of choice of law rules in the EU. Article 6 Rome I Regulation stipulates that the law of the consumer’s habitual place of residence applies, unless another law has been chosen. This choice may not deprive the consumer of certain rules of her “home law”, however. This likely requires a comparison of the involved laws, putting the foreseeability of the parties’ legal rights in jeopardy. Such comparison also raises issues for the public, as it decreases administrability (measured by the amount of work necessary to apply a conflict rule) and hence increases costs for the courts. Through comparative analysis between Article 6 Rome I and the latter’s different interpretations, this article investigates how consumer protection affects the administrability and foreseeability of choice of law rules. It is shown how simple changes to Article 6 Rome I could increase administrability and foreseeability for all involved stakeholders.
In: M. Krygier, A. Czarnota, & W. Sadurski (Eds.), Anti-Constitutional Populism (pp. 336-365). Cambridge University Press. Cambridge Studies in Law and Society
This chapter analyses the ongoing constitutional crisis in Poland and its ideological background. In 2015, the right-wing party Law and Justice (Prawo i Sprawiedliwość, PiS) won the parliamentary elections. Since then, the political system has experienced a period of rapid institutional changes. The scope, depth and type of these changes indicate that Poland is not dealing with just a crisis, but rather a systemic transformation, which is taking place without formally amending or changing the Constitution. The changes in question (which are commonly perceived as going beyond the principles of the rule of law and liberal constitutionalism) concern, among other things: the procedures and composition of the Constitutional Court, the method of appointment and disciplinary liability of the judges, and the structure and functioning of the Supreme Court and the prosecutor’s office. Institutional changes were accompanied by public discourse, in which PiS politicians alleged that the judges in Poland were corrupt, questioned the primacy of EU law over national law and warned against both external (refugees) and internal (LGBT community) threats to the Christian religion, traditional family model and Polish national identity. The changes also went hand-in-hand with extensive social policies.
University of Groningen
Faculty of Law
Oude Kijk in ‘t Jatstraat 26
9712 EK Groningen
Erasmus University Rotterdam
Erasmus School of Law
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3062 PA Rotterdam