The European legislator has included the fulfilment service provider (FSP) in European product safety legislation as a new responsible economic operator (EO) in e-commerce for instances where no other EO is based in the European Union. As a matter of coherency, this adjusted personal scope of product safety law will likely be mirrored in a revised product liability directive. This article explores to what extent the aims and expectations of European legislator with respect to these legal changes (law in the books) align with the perceptions of FSPs and legal advisors in the field (law in action). This is done by means of a legal analysis of the goals and envisioned effects of these changes as well as a semi-structured interview study on how FSPs and legal advisors in the field perceive this new role, responsibility, and liability. The findings provide indications that product safety law currently in force might not (yet) lead to the desired effects. The findings also make us question the extent to which victim compensation is actually improved by the proposed adjustment of the personal scope of the product liability directive.

The aim of this systematic mixed-studies review is to summarise barriers/facilitators to adherence to and/or consumption of oral nutritional supplements (ONS) among patients with disease-related malnutrition. In March 2022, the Cochrane CENTRAL, PUBMED, PsycINFO (Ovid) and CINAHL were searched for articles with various study designs, published since 2000. Articles were identified on the basis of ‘population’ (patients ≥18 years with malnutrition/at nutritional risk), ‘intervention’ (ONS with ≥2 macronutrients and micronutrients), ‘comparison’ (any comparator/no comparator) and ‘outcome’ (factors affecting adherence or consumption) criteria. A sequential exploratory synthesis was conducted: first, a thematic synthesis was performed identifying barriers/facilitators; and second, the randomised controlled trials (RCTs) were used to support these findings. The five WHO dimensions of adherence guided the analysis. Study inclusion, data extraction, analysis and risk-of-bias assessment (MMAT 2018) were carried out independently by two researchers. From 21 835 screened articles, 171 were included with 42% RCTs and 20% qualitative studies. The two major populations were patients with malignancies (34%) and older adults (35%). In total, fifty-nine barriers/facilitators were identified. Patients’ health status, motivation, product tolerance and satisfaction as well as well-functioning healthcare routines and support were factors impacting ONS consumption. Few barriers/facilitators (n = 13) were investigated in RCTs. Two of those were serving a small ONS volume and integrating ONS into ward routines. Given the complexity of ONS adherence, non-adherence to ONS should be addressed using a holistic approach. More studies are needed to investigate the effect of different approaches to increase adherence to ONS.

Following the contemporary debate surrounding two alternative perspectives on compliance – enforcement and management – this article suggests an analysis through the lens of the rule of law crisis. Specifically, the financial and techno-managerial strategy developed by the EU for the indirect protection of the rule of law relies on mechanisms that combine characteristics from both the enforcement and management approaches. This article will identify these mechanisms, namely the European Semester, the Conditionality regulation, the European Structural Investment Funds and the Recovery and Resilience Facility, in order to determine their nature, features, and tools for ensuring compliance with the rule of law. The hypothesis of this article relies on the idea that the EU’s tools are characterised by a mismatch between the causes of the identified problems and the chosen solutions. Considering that the deployment of the above measures has not re-established compliance, the EU strategy toes between inducing rule conformity on the one hand and deterring rule of law violations on the other. However, it seems that only the former can restore the rule of law, as the latter is considered ill-equipped to reverse or at least halt instances of backsliding. This mismatch explains why the Justice Scoreboard, the Framework, and the Review Cycle with its Annual Report have not made any difference, and more generally, why management strategies are unfit for dealing with deliberate backsliding.1

Several disciplines, such as economics, law, and political science, emphasize the importance of legislative quality, namely well-written legislation. Low-quality legislation cannot be easily implemented because the texts create interpretation problems. To measure the quality of legal texts, we use information from the syntactic and lexical features of their language and apply these measures to a dataset of European Union legislation that contains detailed information on its transposition and decision-making process. We find that syntactic complexity and vagueness are negatively related to member states’ compliance with legislation. The finding on vagueness is robust to controlling for member states’ preferences, administrative resources, length of texts, and discretion. However, the results for syntactic complexity are less robust.

This article proposes ethical — and legal — accountability for lawyers representing clients such as private equity (PE) firms who create ownership structures for nursing home systems. Using PE ownership as a case study, I will show that nursing home residents are often harmed and Medicaid costs inflated. I propose private law provides tools to compel such accountability, through (1) aiding and abetting doctrines and (2) fiduciary doctrines that require that the fiduciary be responsible for its vulnerable beneficiaries, not just ethically but for damages and equitable relief. I further propose that the teaching of Professional Responsibility needs to be changed to force law students to consider the effect of legal practice on third parties in situations like health care financing.

International agreements save the costs of war, but complying with their terms can be costly. We analyse a model of interstate crisis bargaining in which one state may be unwilling or unable to make a costly investment that guarantees its subjects’ compliance. In equilibrium, peace is assured when the domestic government is militarily strong enough to demand terms that its subjects tolerate. When the domestic government is militarily weaker, peace requires that the foreign state compensate it for either the costs of enforcement or its subjects’ violations, and these prospective costs of peace may also lead the foreign state to solve the enforcement problem with war because peace is relatively costly. We also show that war due to enforcement problems is more common in militarily weak states and that equilibria at which the foreign state subsidizes enforcement are more common when the costs of violation fall disproportionately on the domestic state. The American invasion of Mexico in 1916 and the Red Army's peaceful withdrawal from East Germany in 1989 demonstrate the model's usefulness.

Social and environmental determinants of health (SEDoH) are crucial for achieving a holistic understanding of patient health. In fact, geographic factors may have more influence on health outcomes than patients’ genetics. Integrating SEDoH into the electronic health record (EHR), however, poses notable technical and compliance-related challenges. We evaluated barriers to the integration of SEDoH in the EHR and developed a privacy-preserving strategy to mitigate risk of protected health information exposure. Using coded identifiers for patient addresses, the strategy evaluates an alternative approach to ensure efficient, secure geocoding of data while preserving privacy throughout the data enrichment processes from numerous SEDoH data sources.

This paper discusses the challenges and opportunities in accessing data to improve workplace relations law enforcement, with reference to minimum employment standards such as wages and working hours regulation. Our paper highlights some innovative examples of government and trade union efforts to collect and use data to improve the detection of noncompliance. These examples reveal the potential of data science as a compliance tool but also suggest the importance of realizing a data ecosystem that is capable of being utilized by machine learning applications. The effectiveness of using data and data science tools to improve workplace law enforcement is impacted by the ability of regulatory actors to access useful data they do not collect or hold themselves. Under “open data” principles, government data is increasingly made available to the public so that it can be combined with nongovernment data to generate value. Through mapping and analysis of the Australian workplace relations data ecosystem, we show that data availability relevant to workplace law compliance falls well short of open data principles. However, we argue that with the right protocols in place, improved data collection and sharing will assist regulatory actors in the effective enforcement of workplace laws.

Extant research often assumes that the letter of labour codes is an adequate proxy for effective regulation. This paper empirically shows that such an assumption makes little sense for Senegal. We collect new objective measures of private and public labour enforcement, including workers’ awareness of their rights, access to the judiciary, penalties, and labour inspection resources and activities. We document that Senegal, as well as other countries in Francophone West Africa, is characterised by a combination of protective/stringent in-form labour codes and little enforcement efforts. Furthermore, we show that labour inspections target large and registered firms, while labour violations are more prevalent in small and unregistered firms, implying that the problem is substantially more complex than a lack of public inspection funding. We speculate it is mostly about the lack of effective representation of vulnerable workers in the policymaking process.

This paper contributes to the legal and socio-legal literature on long-term care (LTC) facilities (also known as nursing homes) by drawing from the responsive regulation literature and empirical research conducted in 2021 and 2022. Enforcement is an under-explored aspect in the legal and socio-legal literature on LTC. This research asks how the regulator’s enforcement activities shape compliance of LTC homes in Ontario. This paper reports the results from eleven semi-structured key informant interviews with associations that represent LTC facilities, advocacy organizations, unions, and professionals, such as lawyers. The current enforcement activities do not appear to evoke responsiveness in at least some of the LTC homes because the regulator’s approach is not dynamic: the regulator does not change its mix of “persuasion” and “coercion” in order to respond to the motivations and behaviours of homes. Inspection and enforcement activities have had little impact on how homes respond to rules.