In this paper we investigate the possible consequences of different institutional settings (in casu the legal system) on externalities and their effect on the efficient allocation of externalities. We investigate whether the restriction of marginally low transaction costs can be relaxed if the legal system is efficient. In this context we define an efficient legal system as a system of rules such that the Coase theorem can be applied in the presence of non-marginally low transaction costs without loosing its efficiency properties. The basic idea is that a legal system should be such that a potential plaintiff has no incentive to enforce the law by going to court. To analyze the consequences of different law systems, we split the paper into two parts. In the first part we start by summarizing the model of Schweizer (1988) on the Coase theorem as a kind of reference point. The advantage of Schweizer’s (1988) model is that his interpretation is seen as clear and thorough. Therefore, this model will be used to highlight the important properties of the Coase’s theorem.
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In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.
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From the article: Abstract Since more and more business rules management solutions are utilized, organizations search for guidance to design such solutions. Principles are often applied to guide the design of information systems in general. Scientific research on principles for business rules management is limited. The purpose of this paper is to specify, classify, and validate design principles that can be applied to guide the design of a business rules management solution. We conducted a three round focus group and three round Delphi Study, which led to the identification of 22 principles. These 22 principles can be clustered into four categories: 1) deep structure principles, 2) physical structure principles, 3) surface structure principles, and 4) organizational structure principles. Our results provide a framework for the design and analysis of business rules management solutions.
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The DPP4CD project, “Digital Product Passport(s) for Circular Denim: From Pilot to Practice,” focuses on delivering pilot and scalable Digital Product Passports (DPPs) in the circular denim industry. This aligns with the upcoming European Ecodesign for Sustainable Products Regulation (ESPR), making DPPs mandatory for textiles from 2027. A DPP for circular denim should clearly detail material composition, production methods, repair records, and recycling options to meet EU rules like ESPR, Corporate Sustainability Reporting Directive (CSRD) and European Sustainability Reporting Standards (ESRS). It combines dynamic lifecycle data into a standard, interoperable system that boosts traceability, cuts SME admin burdens, and supports sustainable, circular practices. Led by Saxion and HvA, the multidisciplinary project is based on a real-world Dutch use case with MUD Jeans, a leader in circular denim. The project combines circular economy principles with existing digital technologies, working with partners such as tex.tracer, Tejidos Royo, bAwear, Denim Deal, MODINT, EuFSI and, GS1 Netherlands. Instead of developing new tools, the project applies scalable technologies (augmented DPP extension) and methods e.g. blockchain, life cycle assessments, and traceability standards to denim supply chains. The project defines legal, environmental, technical, and user requirements for DPPs in circular denim and designs a modular, data-driven, and ESPR-compliant system that integrates offline and online components while ensuring interoperability, affordability, reliability, accountability, and scalability. It develops a data framework for material tracking, supported by interoperable digital solutions to improve data-sharing and transparency. A pilot DPP with MUD Jeans will cover the full lifecycle from production to recycling, enabling scalable DPP. The project aims to address societal challenges related to circularity, ensure scalable and implementable solutions, and create a digital platform where knowledge can be developed, shared, and utilised. By combining circular practices with digital technologies, DPP4CD will help textile businesses transition towards sustainable, transparent, and future-proof supply chains.
During the coronavirus pandemic, the use of eHealth tools became increasingly demanded by patients and encouraged by the Dutch government. Yet, HBO health professionals demand clarity on what they can do, must do, and cannot do with the patients’ data when using digital healthcare provision and support. They often perceive the EU GDPR and its national application as obstacles to the use of eHealth due to strict health data processing requirements. They highlight the difficulty of keeping up with the changing rules and understanding how to apply them. Dutch initiatives to clarify the eHealth rules include the 2021 proposal of the wet Elektronische Gegevensuitwisseling in de Zorg and the establishment of eHealth information and communication platforms for healthcare practitioners. The research explores whether these initiatives serve the needs of HBO health professionals. The following questions will be explored: - Do the currently applicable rules and the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify what HBO health practitioners can do, must do, and cannot do with patients’ data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg provide better clarity on the stakeholders who may access patients’ data? Does it ensure appropriate safeguards against the unauthorized use of such data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify the EU GDPR requirements for HBO health professionals? - Do the eHealth information and communication platforms set up for healthcare professionals provide the information that HBO professionals need on data protection and privacy requirements stemming from the EU GDPR and from national law? How could such platforms be better adjusted to the HBO professionals’ information and communication needs? Methodology: Practice-oriented legal research, semi-structured interviews and focus group discussions will be conducted. Results will be translated to solutions for HBO health professionals.
