Search Results (21)

This entry presents the history, geography, business, regulations, and the roles of gig workers, platform/algorithms, and employers, focusing primarily on the USA and the EU. The gig economy is informally referred to also as the fourth industrial revolution or the 1099 economy, emphasising sharing, freelance, or platform work; it is a complex and changing business model and regulatory environment. In practice, the gig economy refers to a tripartite relation between workers, platforms/apps, and employers, leading to a two-sided market, where algorithms match supply and demand for paid labour and clients. It is only recently that the gig economy has started to be conceptualised, and its implications, challenges, and impacts are captured in economic law and society, including the power dynamics related to the interplay between economics, technology, regulation, and communities. Conceptually, the gig economy is important, as small paid work has always been present in society for all types of workers and beneficiaries. This new business model of on-demand work has some perceived advantages, such as freedom of work, under-regulation, efficient use of capital, driving down costs, and improving services. However, there is a dualisation of anti-power between workers and non-employers that may lead to precarious work, less free workers, and shadow corporations that distort the market using game changers like digital management algorithms. Currently, the size of the gig economy comprises 154–435 million gig workers out of the world’s 3.63 bn workers, with a market size of USD 557 bn, and is still expanding. Full article

This study examines the critical role of institutional quality in driving corporate adaptation to climate change within the EU-27 member states from 2006 to 2023. It aims to investigate how governance factors—control of corruption, government effectiveness, rule of law, and regulatory quality—influence business strategies for environmental resilience and sustainability, focusing on environmental investments and industrial production. Employing fixed and random effects regression models on a balanced panel dataset, we analyze two dependent variables: environmental protection investment corporations (EPIC), measuring investments in pollution prevention and environmental degradation reduction, and industrial production (IP), reflecting output in mining, manufacturing, and utilities. A composite institutional quality index, derived through principal component analysis (PCA) from the four governance indicators, captures their collective impact, reducing multicollinearity and enhancing analytical robustness. Control variables, including final energy consumption, environmental tax revenues, expenditure on environmental protection, and a Paris Agreement dummy, are incorporated to test the institutional quality effect. Results demonstrate that higher institutional quality significantly enhances EPIC, particularly in countries with greater environmental tax revenues, indicating that robust governance and fiscal policies incentivize sustainable corporate investments. Conversely, the effect on IP is less consistent, with higher fossil energy consumption and lower environmental tax revenues driving production, suggesting a reliance on high-polluting industries. The Paris Agreement positively influences IP, reflecting stronger climate-focused industrial strategies post-2015. These findings underscore the pivotal interplay between institutional quality and environmental fiscal policies in fostering corporate adaptation to climate change. Over the long term, strong governance is essential for aligning business practices with sustainability goals, reducing environmental degradation, and mitigating climate risks across the EU. This study highlights the need for cohesive policies to support green investments and transition industries toward renewable energy sources, addressing disparities in environmental performance among EU member states. Full article

Management of occupational health and safety (OHS) plays a critical role in building safe and effective working environments, especially in industries defined by dangerous operations like manufacturing. Secondary industries are characterized by their use of dangerous materials, complex machinery, and repetitive manual work, prompting the need for stringent OHS laws to protect employees and support business sustainability. Although extensive regulatory materials like ISO 45001 and EU Directive 89/391/EEC exist, the implementation of OHS standards varies among organizations significantly. While larger organizations adopt structured frameworks of safety management, small and medium enterprises (SMEs) are often confronted by economic and technical constraints. As a result, policies only appear on paper, and their attitude toward occupational safety is passive. Employing a structured survey analysis, this study evaluates the level at which manufacturing companies in Macedonia-Thrace, a region in Northern Greece, implement OHS actions, the barriers that face them, and how OHS programs influence business performance. Based on the findings, companies that apply proactive OHS practices achieve more productivity, increased staff retention, and lower costs due to accidents, while SMEs often find it difficult to undertake comprehensive policies. The research further identifies the impact of electronic technology, regulation, and leadership on enhancing OHS performance. This study provides evidence-based recommendations on policy changes through the exploration of regionalized patterns of adoption of OHS practices by industrial companies and key policy intervention areas. By eliminating underlying structural loopholes in the implementation of OHS, this paper provides research-backed policy solutions aimed at enhancing work safety and improving corporate performance in the secondary industry. The reinforcement of OHS measures not only reduces hazards at the workplace but also improves the resilience of business, its competitiveness, and conformity to regulations. Full article

This paper compares the use of renewable energy sources (RESs) in the EU, focusing on their application in the transport, cooling and heating sectors and electricity production. It examines the current situation in the EU and assesses to what extent their laws and policies have contributed to the transition to renewable energy sources. This study focuses on several forms of renewable energy, including solar, wind, hydro energy, and biomass energy. The analysis is based on several variables, including production, consumption, and environmental impact. The findings of the analysis highlight the contrasts and similarities between the two nations and illuminate the best strategies for advancing sustainable energy development. This study also analyzes the main renewable energy strategies and policies to understand which factors support or hinder the transition to sustainable and clean energy. The analysis underscores the importance of optimizing energy efficiency and achieving long-term savings using RESs. Additionally, this study emphasises the role of RESs in enhancing energy security and promoting economic growth through technological innovation. This study also highlights the potential of RESs to reduce emissions in industry, transport, and agriculture, thereby contributing to environmental sustainability. The results show that the use of renewable energy sources (RESs) in the European Union has increased in the analyzed period. The results of this study can be useful to government agencies, businesses, academia, and the public interested in supporting the development of sustainable energy in the EU. Full article

The Second Payment Services Directive introduced new services into the European Union legal system—Payment Initiation and Account Information Services. These services are based on payment accounts already opened and maintained for customers by the Account Servicing Payment Service Provider (bank, payment institution, electronic money institution). The Account Services Payment Service provider performs AML/CFT verification of the account holder and applies customer due diligence measures to the account holder, such as identifying beneficial owners, obtaining information on the purpose and intended nature of the business relationship, and ongoing monitoring of the business relationship. Payment Initiation and Account Information services are therefore provided to a previously verified client and based on the payment account currently maintained for him. European Union law does not clearly specify whether a Third-Party Service Provider offering Payment Initiation or Account Information Services is obliged to re-apply financial security measures to customers. The aim of this article was to perform a legal analysis of the regulations and soft law acts in force in the European Union and to answer the question. The purposive (teleological) and linguistic–logical (grammatical) methods of interpretation of regulations were used for the analysis. The structure of the legal system of the European Union as a civil law (code law) system was taken into account. This article shows that in the current legal situation, there is no doubt that Third-Party Service Providers are obliged entities in terms of AML/CFT law and are obliged to apply the AML/CFT to customers using Payment Initiation and Account Information services. However, the degree to which customer due diligence measures have to be applied varies depending on the adopted model of providing Payment Initiation and Account Information services. Third-Party Service Providers will be obliged to apply financial security measures in cases where the relationship between the customer and the service providers will have a continuing character. In the case of occasional provision of services, when the transaction value does not exceed a certain threshold, the supplier may only perform simplified customer verification. In particular, this applies to Payment Initiation service models, where the Payment Initiation Service Provider works for merchants, enabling them to accept payments for goods and services sold. In such a model, the Service Provider has a continuous relationship with the merchant but only performs an occasional transaction for the user. The analysis also allowed for the conclusion that European Union law, including that in the draft phase, does not regulate in a sufficiently precise manner when a given model of Account Services and Payment Initiation Services may be treated as based on an occasional transaction. This made it possible to formulate a de lege ferenda request to include this issue in the proposal for an EU Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Full article

The results of previous research suggest that the elasticity of employment with respect to output is not constant within each phase of the business cycle and might depend on the maturity of that phase. Nevertheless, empirical evidence is almost non-existent. Using the unemployment gap as the proxy for the maturity of the business cycle phase, this paper seeks to determine heterogeneous elasticity across different business cycle phases. Furthermore, we aim to evaluate specific elasticities for separate demographic groups, considering gender, age, and educational attainment level, to identify the most vulnerable to jobless growth. Our specification is based on the employment version of Okun’s law, and estimates are provided for the whole EU-27 panel covering the period from 2000 to 2022. Our results suggest that elasticity is higher when the unemployment gap is positive and increasing and lower when the gap decreases, regardless of the business cycle phase. Thus, it can be argued that the possibility of growth increasing employment is very limited when the economy operates at its potential level (full employment) for all demographic groups. Full article

The aim of this article is to investigate two external flexible forms of employment—the leasing of workers through Temporary Work Agencies (TWAs) and the contracted workers employed through Business Service Providers (contractors). Undoubtedly, these two forms of employment are complex and often give rise to confusion. First, this article reviews the characteristics of these types of workers and the operation of these businesses. Second, it presents the results of a mixed method of empirical research (quantitative and qualitative) regarding contracted workers. Our sample was 365 contracted workers from the cities of Athens, Thessaloniki and Patras, Greece. In particular, quantitative research is conducted using a methodology called RDS (Respondent Driven Sampling) that is innovative in the field of labour economics and labour relations. Some significant findings of our qualitative research are used to improve, extend, and interpret the quantitative results. Our research proves that contracted workers, who are employed at the premises of the banks, are leased workers, and the contracting undertakings usually operate unlawfully as TWAs. Our research proves that Banks in Greece are using “pseudo-contracting” to circumvent the European Directive 2008/104/EC and the Greek Laws 4052/2012 and 4254/2014, both of which provide institutional protection to workers leased through TWAs. In more detail, the relevant European Directive and the Greek Law 4052/2012 provide salary equality and equal labour rights for the leased workers in Greece and the EU, when they share the same qualifications as the permanent employees of the user undertakings. The employers’ aim in adopting this policy is mainly to pay lower salaries to contracted workers, who in practice have the characteristics of leased workers. Full article

Decent Work is considered essential to the facilitation of a transition to greener, fairer, more prosperous, and more just societies. Decent Work represents a fundamental component of the Sustainable Development Goals (SDGs) and a crucial facet of European Union (EU) environment, social, and governance (ESG) norms. Despite its prominence, the precise definition and materiality of Decent Work is obscure and remains subject to limited consensus. To understand these critical gaps, we conducted a comprehensive review with a systematic search of the literature on the subject, encompassing both scientific research and institutional publications. Our review encompassed 517 papers, with a particular focus on three key areas: (1) delineating the constituents of Decent Work, (2) exploring the materiality of Decent Work, and (3) examining how firms value, measure, and report Decent Work. The domain of regulated reporting for Decent Work and its material impact is relatively nascent, resulting in limitations in effectively measuring its tangible, material effects towards a green and just transition. Consequently, our review, with a systematic search of the literature, uncovered notable gaps within the body of literature concerning Decent Work, its substance for ESG materiality regulations, and its conspicuousness for a just transition. Furthermore, our review serves as a critical foundation for fostering discussions and emphasises the practical implications of enumerating the materiality of Decent Work, without which a just transition would be unattainable. By highlighting these deficiencies, we aim to enhance the understanding and implementation of the materiality of Decent Work within the broader context of ESG and the green transition. Full article

As a substantially capital-intensive venture, the distribution network of the geothermal business is disproportionately clustered around the project designing phase. The profound geothermal industry is broad, and consequently the geothermal economy differs substantially from one place to another. The primary goal of this study is to analyze the effect of factors relating to global competitiveness along with economic growth on the sustainability of geothermal energy among European 27 countries. Employing auto regressive distributing lag (ARDL), the major findings suggest that a significant rise in the geothermal power production sustainable development can occur in the 14 European Union emerged economies applying global competitiveness criteria than in EU13 developing economies. Among additional criteria, a conducive environment, intellectual capital, market shares, as well as an innovation ecosystem contributes more significantly to the sustainability of geothermal energy among the 14 classed as established in this research than the 13 emerging economies. The results suggest that geothermal power sustainability among the European countries regions could attain a sustainable increased level of geothermal energy generation by putting in place the necessary global competitiveness determinants for the EU 2030 Energy Union goals to be achieved. The attainment of these Energy Union goals will assist in combating climate change and fighting environmental pollution. Three estimators were adopted to confirm that all calculated projections made in the study are said to be valid. The global competitiveness measures should be made better effective by the EU nations and this will help in achieving a pollution-free society and environment. Authorities in charge of policy and law-making in the EU regions should participate more in global competitiveness for geothermal energy production to become sustainable. Cointegrated strategies that will promote sustainability should be stressed by policymakers in the EU. This will go a long way in reducing the level of carbon dioxide emissions and also in promoting sustainability in the area of geothermal power generation. Full article

The views expressed in this paper are those of the authors and should not be taken as reflecting the position of any authority, entity or institution. This article presents the legal status as of 25 June 2022. In accordance with the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, tour operators registered in Poland are required to refund payments to travelers in the case of cancellation of their travel package due to extraordinary and unavoidable circumstances within 14 days of its termination. The traveler has the right to terminate the package travel contract before the start of the trip without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity and which significantly affect the implementation of the package or the transport of passengers to their final destination. In the case of termination of the package travel contract due to unavoidable and extraordinary circumstances, the traveler is entitled to a full refund of any payments made for the package travel but is not entitled to any additional compensation. The tour operator makes the return within 14 days from the effective termination of the travel contract. In the article we will describe the situation during the COVID-19 pandemic and post-COVID times. The significance and implications of our findings and arguments show how important this is in designing a state’s tourism policy. Targeted aid can be designed well in advance of extraordinary and unavoidable circumstances. In our opinion and the opinions of business practitioners, extraordinary and unavoidable circumstances in tourism occur on average every ten years, e.g., the1992 Yugoslavia war, 2001 attack on the World Trade Center, 2010 Eyjafjallajökull volcanic eruption, and the 2020 COVID-19 pandemic. The results of the research show the effectiveness of legal instruments enacted by the Polish government during the COVID 19 crisis and the war in Ukraine. In the article we use two methods—empirical, related to the authors’ own experience, and dogmatic–exegetical. The empirical research was based on the authors’ experience as those responsible for the implementation of statutory regulations (director in the Ministry of Sport and Tourism and Ministry’s advisor) and on the concept of law as one of the normative systems in society—the operation of law in the sphere of social and economic life, which is tourism. A dogmatic–exegetical method was also used, which allowed for the study of the literature on the subject and the review of legal regulations. In our research, we also used the method of the economic analysis of law (law and economics method). Graphical presentation of the research results and the impact of the introduced support mechanisms on supply and demand indicate the desirability of solutions in this area. Full article

The purpose of this paper is to present the two existing virtual account models functioning in the European Union, examine their legal validity and identify the legal challenges related to the functioning of these models. The first model, Mass Payment Accounts, which is related to virtual accounts rather than to virtual IBANs, is the model where the licensed financial institution only provides a business payment (settlement) account, with technical subaccounts, to one of their business clients. The functionality of the subaccounts is limited to reflect and distinguish the incoming payments. The second and more complex model is the vIBAN solution, where the licensed payment institution provides, to another licensed financial institution, indirect access to local payment schemes (hereinafter referred to as “vIBAN”). To confirm the legal validity and identify the potential risks of vIBAN services, EU law was analysed with some insights from Polish law. The reason for introducing vIBAN services is the difficulty for certain payment service providers to participate in so-called designated payment systems. Designated payment systems are usually the most widespread local payment systems. The reason for the different treatment of these designated systems is banking systemic risk, understood as a situation where a default by a system participant may result in a default by other participants. Consequently, even if a given payment service provider can obtain its own IBAN number, there is often no possibility for it to participate in designated payment schemes. Bearing in mind the different rules in the case of designated payment systems, the legality of vIBAN services in the EU law is justified by the principle of free movement of services, the principle of equal access to payment schemes and the obligation of the credit institutions to provide banking and non-banking participants with credit institution payment account services on an objective, non-discriminatory and proportionate basis. However, there are various challenges related to the functioning of vIBAN services, such as the overlapping of certain AML/CFT obligations, enforcement of administrative and court seizures, AML-related blocking of vIBANs and consistency of money transfer sender data with the Fund Transfer Regulation. The most pressing challenges requiring prompt regulation on the European level are related to the applicable deposit protection scheme, as well as to specific Member States’ administrative restrictions, which can cause difficulties in offering vIBAN services to business entities. Full article

To address the negative externalities associated with global trade, countries in the Global North have increasingly adopted supply chain regulations. While global supply chains cause or contribute to interconnected environmental and human rights impacts, I show that supply chain regulations often exclusively target one policy domain. Furthermore, an analysis of the first experiences with the implementation of the French Duty of Vigilance law, which covers and gives equal weight to environmental and human rights risks, reveals that the inclusion of environmental and human rights standards in legal norms is not sufficient to ensure policy integration. The empirical focus here is on the soy and beef supply chains from Brazil to the European Union (EU), and the findings rely on an analysis of legal norms and company reports, field research at producing sites in Brazil and semi-structured interviews with civil society, business and state actors. For analyzing the data, I draw on the literature on environmental policy integration (EPI) and apply a framework that distinguishes between institutional, political and cognitive factors to discuss advances and challenges for integrating human rights and the environment in sustainability governance. The study concludes that more integrated approaches for regulating global supply chains would be needed to enable ‘just sustainability’. Full article

Business, and the dominant legal form of business, that is, the corporation, must be involved in the transition to sustainability, if we are to succeed in securing a safe and just space for humanity. The corporate board has a crucial role in determining the strategy and the direction of the corporation. However, currently, the function of the corporate board is constrained through the social norm of shareholder primacy, reinforced through the intermediary structures of capital markets. This article argues that an EU law reform is key to integrating sustainability into mainstream corporate governance, into the corporate purpose and the core duties of the corporate board, to change corporations from within. While previous attempts at harmonizing core corporate law at the EU level have failed, there are now several drivers for reform that may facilitate a change, including the EU Commission’s increased emphasis on sustainability. Drawing on this momentum, this article presents a proposal to reform corporate purpose and duties of the board, based on the results of the EU-funded research project, Sustainable Market Actors for Responsible Trade (SMART, 2016–2020). Full article

The present research paper analyses the EU general and mandatory sectoral legal framework on public procurement, arguing for its inhibiting effect on the EU-wide uptake of green public procurement. It explores de jure and de facto barriers to green public procurement, motivated by the need for a change in the business world towards more sustainable practices through preferably mandatory legal changes of EU corporate law. As the public procurement represents a strong nudge for a qualitative change in private market demand, accounting for a minimum of 12% of the national gross domestic product, it should become environmentally sustainable itself and guide markets through the qualitative and quantitative changes on the demand side. Given the complexity of the current legal framework and the novelty of the approach to public procurement as a strategic tool for the achievement of sustainable production and consumption, a better defined and clear legislative approach is called for, possibly in a mandatory form, clarifying the obligation of public procurers to account for sustainability in their practices, especially as regards incorporating environmental concerns in their purchasing activities. In its current form, the EU legislative public procurement framework entails a seemingly permissive attitude towards green public procurement, hampered in practice by the existing legal institutes in the field, which hamper the strategic use of public procurement and thereby its influence on sustainability on the private markets. Full article

Traditionally, the purpose of directors’ duties within company law is to ensure that the powers of management given to directors are properly exercised. For instance, instead of using their managerial powers to further their personal interests or for some collateral purpose, directors are under a duty to take decisions which they think will further the company’s interests. In most EU jurisdictions, determining what acting in the company’s interest means is not mandated by law, but is rather left to the subjective business judgement of directors. The discretion allowed by this duty has allowed for, influenced in part by a law and economics approach to company law, the shareholder value norm to become entrenched. This paper argues that the law of directors’ duties should evolve to provide specific guidelines to directors on the question of the corporate objective. It supports existing arguments for a reform of EU company law to include a new duty requiring directors to ensure sustainable value creation. The paper argues that any such duty should be framed objectively and be enforced through public mechanisms rather than a reliance on private actors. Full article