Openness at the Court of Justice of the European Union: Toppling a Taboo


Common Market Law Review

January 2014, vol. 51, n°1, pp.97-139

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: Openness, Transparency, Legitimacy, Accountability, Civil society, European Union, Good governance, Social Media, Participation, Civic empowerment

Despite the pervasive rhetoric of transparency characterizing the work of the EU in recent years, the openness of the CJEU vis-à-vis the public appears to have escaped both institutional attention and academic scrutiny. The principle of openness consists of various forms of active cooperation and communication between the EU institutions and the public typically entailing access to information. While the CJEU has consistently guaranteed the principles of transparency of judicial proceedings and publicity of trial vis-à-vis the parties to a dispute as stemming from Article 6 ECHR, it has failed to provide a similar level of ‘openness’ beyond the parties involved in its judicial activities. By establishing that openness applies essentially to the work of the executive and legislative powers, the Court emphasised the specificity of the judicial task with which it has been invested. Yet, Article 15 TFEU expressly extends the application of this principle to the activities of the CJEU, while confining free access to only those related to the exercise of its administrative tasks. Against such backdrop, this article examines to what extent the public is informed or may obtain information concerning the activity of the Court. It does so by distinguishing in its assessment between input openness (related to the written stage of the procedure), throughput openness (related to the oral phase and the Courts’ deliberations), and output openness (related to the delivery of judgment and subsequent diffusion). The article pays due regard to the distinction made in Article 15 TFEU between administrative and judicial tasks. It commends the recent regulatory developments on access to administrative documents as well as the efforts made during the years towards ensuring access to information concerning the judicial activity of the Court. Nonetheless, the article argues that Article 15 (1) TFEU requires rendering all the activities of the Court – regardless of whether they are or are not of an administrative nature – more open to the public than before

A Configural Approach to Coordinating Expertise in Software Development Teams


MIS Quarterly


Departments: Informations Systems and Operations Management, GREGHEC (CNRS)

Keywords: Software development, software teams, expertise coordination, configuration, centralization, knowledge tacitness, team conflict, coordination success

Despite the recognition of how important expertise coordination is to the performance of software development teams, understanding of how expertise is coordinated in practice is limited. We adopt a configural approach to develop a theoretical model of expertise coordination that differentiates between design collaboration and technical collaboration. We propose that neither a strictly centralized, top-down model nor a largely decentralized approach is superior. Our model is tested in a field study of 71 software development teams. We conclude that because design work addresses ill-structured problems with diverse potential solutions, decentralization of design collaboration can lead to greater coordination success and reduced team conflict. Conversely, technical work benefits from centralized collaboration. We find that task knowledge tacitness strengthens these relationships between collaboration configuration and coordination outcomes and that team conflict mediates the relationships. Our findings underline the need to differentiate between technical and design collaboration and point to the importance of certain configurations in reducing team conflict and increasing coordination success in software development teams. This paper opens up new research avenues to explore the collaborative mechanisms underlying knowledge team performance.

A Legal Analysis of Packaging Standardisation Requirements Under EU Law - The Case of ‘Plain Packaging’ in the United Kingdom


Journal of Business Law


Departments: Tax & Law, GREGHEC (CNRS)

A Mathematical Turn in Business Regulation: The Rise of Legal Indicators


International Journal of Law in Context


Departments: Tax & Law

A Model of Mental Accounting and Reference Price Adaptation


Management Science


Departments: Informations Systems and Operations Management

Keywords: Mental accounting, reference price, loss aversion, sunk-cost fallacy, payment depreciation, reluctance to trade, flat-rate bias.

Achieving High Growth in Policy-Dependent Industries: Differences between Startups and Corporate-Backed Ventures


Long Range Planning


Departments: Strategy & Business Policy, GREGHEC (CNRS)

This research examines which firms achieve high growth in policy-dependent industries. Using the European solar photovoltaic industry as our empirical setting, we investigate the impact of policy support on the growth of independent startups and corporate-backed ventures operating across countries with diverse policy conditions. We find that producers' growth is positively linked to policy generosity, and negatively linked to policy discontinuity. Moreover, corporate-backed ventures are less affected by policy generosity compared to entrepreneurial startups, and less impacted by policy discontinuity as well. Our results underline the importance of country- and firm-level differences in analyzing firms' response to regulatory policies, and point to the need for a better understanding of the unintended consequences of policies designed to support new industries.