Morten Broberg

Corporate social responsibility in the European Communities — The Scandinavian viewpoint

Two of the Scandinavian countries, Sweden and Finland have recently joined the European Communities. Together with a third Scandinavian country, Denmark, which joined the Communities two decades ago it seems likely that Scandinavian views and attitudes will make a great impact on the future work of the European Communities — including the on-going harmonisation in the field of corporate social responsibility.This article provides an examination of the Scandinavian view on the five best known models for achieving corporate social responsibility and it shows the likely impact of the admittance of the Scandinavian countries on the future work in the European Communities with regard to corporate social responsibility.The article concludes that the most likely impact of the increased Scandinavian participation in the European Communities is that the regulation and enforcement model is given significantly increased support and that the non-shareholder interest representation model is given increased support at least with regard to employee representation.

From colonial power to human rights promoter: on the legal regulation of the European Union's relations with the developing countries

Half a century ago, at the inception of what today has become the European Union (EU), several EU member states held colonies around the world. Today most of these colonies have become independent states, but many continue to have close links with Europe. This article analyses the development of the legal regulation of these links from the signing of the Treaty of Rome in 1957 until the entry into force of the Lisbon Treaty in late 2009. Based on this analysis the article goes on to discuss whether the proposition that the EU has developed into a normative power is supported by the legal analysis. It is concluded that the legal analysis lends strong support to the view that the EU seeks to be a normative power vis-à-vis the developing countries.

Strengths and weaknesses in a human rights-based approach to international development – an analysis of a rights-based approach to development assistance based on practical experiences

ABSTRACT The human rights-based approach to development cooperation has found recent support from both development cooperation actors and non-governmental organisations active in developing countries. We set out to define this approach, how it is applied, and to identify its central agents and principal components. Through examples we show how the approach works in practice, and we identify and discuss three human rights principles that play particularly important roles in its implementation: (i) participation and inclusion, (ii) non-discrimination and equality, and (iii) accountability. We show that in terms of implementation, the approach is related to the processes of empowerment, forms of advocacy, and the use of legal instruments in defence of groups of people who are poor, discriminated against or marginalised. We conclude that a human rights-based approach provides new avenues for providing help to vulnerable groups, but at the same time a poverty-oriented approach must continue to play an important role.

EU Humanitarian Aid after the Lisbon Treaty

This article analyses the treaty provisions introduced by the Lisbon Treaty with regard to the European Unions (EU) provision of humanitarian aid to third countries [with a particular focus on Article 214 Treaty on the Functioning of the European Union (TFEU)]. It first examines how the new treaty framework affects the competences and the procedures that have been laid down with regard to humanitarian aid. It then considers the general international legal principles that, according to Article 214 TFEU, apply to the Unions provision of humanitarian aid. The article seeks to clarify what the obligations of ‘coordination’ and ‘complementarity’ entail. Finally, the article considers the requirement that a European Voluntary Humanitarian Aid Corps is set up.

Legal Basis of EU Council Regulation 1257/96 Concerning Humanitarian Aid: Time for Revision?

When flooding strikes Yorkshire in the United Kingdom or an earthquake hits central Italy, the European Union is ready to provide assistance to ease the burden of those in need.1 Essentially, this is a consequence of the solidarity between European peoples and a reflection of the commonly held value that we all have a duty to help those who are suffering.2 Also, in its external relations, the European Union has been ready to offer its assistance to those who become victim to natural disasters or man-made crises.3 Indeed, it is arguable that developed states are, in certain circumstances, under a legal obligation to provide humanitarian assistance to third states.4

EC merger control

Todays business papers are rife with news about mergers, take-overs, joint ventures and other kinds of business concentrations. An important, but often overlooked, part of such concentrations is the approval by the competition authorities. In the European Community the more significant concentrations must be cleared by the European Commission. Even though the Commission is considered to be sympathetic towards concentrations, the task of notifying and the difficulties which may arise can be considerable. This article by Morten Broberg provides an examination of the pitfalls which such notification presents, and it points out ways in which these pitfalls are best handled by management.

The Danish Patient Insurance Act of 1991: first experiences

In 1991, Denmark established a Patient Insurance Scheme. The Scheme entered into force on 1 July 1992 and the first experiences with the Scheme have now been gained. Even though it is still too early to draw a clear picture of the significance of the Scheme, it is already safe to conclude that the Scheme provides a much more extensive coverage than did the hitherto prevailing negligence-based liability system. Furthermore, it is safe to conclude that the Scheme works much faster than the fault liability system where it might take years before the courts reached a decision.

The Danish Patient Insurance Act of 1991 (LOV 1991-06-06 NR 367 OM PATIENTFORSIKRING).

In 1991, Denmark established a Patient Insurance Scheme, the fourth Nordic country to do so. Under the various national Nordic schemes, patients can receive indemnification for the consequences of medical injury even where the injury is not caused by negligent treatment. Instead emphasis is laid on whether the injury, viewed in retrospect, could have been avoided or whether the injury, though unavoidable, clearly exceeds the risk that the patient must accept. Differences in the four national approaches are analyzed and it is concluded that a no-fault scheme presents an elegant alternative to the tort law system, which proves to be particularly unsatisfactory in the field of medical accidents.

Don’t Mess with the Missionary Man! On the Principle of Coherence, the Missionary Principle and the European Union’s Development Policy

With the entry into force of the Lisbon Treaty, the focus upon coherence between the different Union policies has increased considerably, as reflected in a number of provisions in the Treaty on European Union and the Treaty on the Functioning of the European Union. The Lisbon Treaty has also introduced, as a general obligation, that the European Union shall further so-called European values beyond its borders. An important consequence of these two changes is that, read in conjunction, they will obligate the European Union to further European values through its development cooperation policy to a higher degree than it does today. This chapter first outlines the changes brought about by the Lisbon Treaty with regard to the coherence obligation and the obligation to further European values (sometimes referred to as the Principle of Coherence and the Missionary Principle). Thereupon the chapter identifies the likely effects which the combination of these two principles will have on the European Union’s development cooperation policy. Finally, the chapter takes a broader perspective to the matter in order to point to some problems that are likely to arise from these presumed effects.