While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
ABSTRACT. It is now generally accepted that the quality of the regulatory arrangements should be appraised not only by looking at the institutional design, but also by evaluating the factual enforcement and implementation of regulations. It is therefore advised that national governments take a more active stance in supervising the regulatory enforcement by different regulatory agencies. However, in some cases, government’s activism might be an impeding factor in regulatory enforcement. That this is not so crazy idea shows the analysis of the regulatory enforcement by Lithuanian Competition Authority in the area of competition policy during the years of integration to the European Union. For example, not only political and financial independence of the Competition Authority was difficult to establish, but also functions and competences of the regulatory agency were changed a number of times, which hampered the effectiveness of the agency’s performance while enforcing the competition law. In addition to often changes of functions, also the scope of competences was changing. As a result, the variety of tasks attributed to the Lithuanian Competition Authority caused the growing overload of work, which further hindered its regulatory practice. The question is who can be blamed for that? Was it just the inexperience of the government who was seeking for the best institutional design and could not stop with redesigning the regulatory agency or was it the intentional behaviour guided by some concrete interests as a result of a regulatory capture? The analysis of the regulatory enforcement during the period of 15 years does not allow for disregarding of the second possibility.
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Highlights−Constitutional freedom of education affects democratic citizenship education policy.−Citizenship education legislation in 2006 and 2007 placed little demands on schools.−Legislation introduced in 2021 has further specified what is expected from schools.−Studies of citizenship education in practice are largely critical of the extentto which schools teach about, through and for democracy.Purpose:This paper discusses developments in citizenship education policy and practice in the Netherlands, and outlines key challenges as faced by the different stakeholders involved.Design/methodology/approach:Our discussion is based on existing research and policy documents in the Netherlands. The authors, from three Dutch universities, are experts in the field of research on citizenship education.Findings:Promoting citizenship education in primary, secondary and vocational tertiary education in the Netherlands has been challenging, particularly in light of the constitutional freedom of education in the Netherlands. Five issues are discussed in this regard: the contents of CE legislation, the normative character of legal requirements, integration of CE legislation in national curriculum aims, clarifying expectations from schools in teaching CE, and teacher education and professionalization.
