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Big Science and the Law
- 2021
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Book (other academic/artistic)abstract
- The European Spallation Source (ESS) is a state-of-the-art neutron scattering facility, built on the outskirts of Lund in Southern Sweden, and expected to be taken into scientific operation in 2023. It is funded, run, and built by a consortium of thirteen (to date) European governments who jointly provide for its funding and establish its overarching governance principles, and it is co-hosted by Sweden and Denmark, with the main facility in Lund and a data-center in Copenhagen.The ESS has been subject to some studies in the history and sociology of science and similar facilities in other countries is also a popular topic for studies of the politics, funding and organization of science today Previously unexplored, however, are the many interesting legal aspects of Big Science in its contemporary form. This book, written by a number of legal scholars at Lund University and associates in the private sector, makes the first scholarly attempt to fill this gap, using the fact that the ESS is located in Lund and Copenhagen and is under construction, which makes the preconditions formidable for studies of Big Science and the law.This book includes a variety of legal areas focused on potential problems that are related to Big Science: labour law, intellectual property law, law of associations, environmental law and tax law.
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- Inghammar, Andreas, et al.
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Regulating work at ESS
- 2021
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In: Big Science and the Law. - 9788742000366 ; , s. 11-32
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Book chapter (other academic/artistic)
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- Astvaldsson, Arnljotur, et al.
(author)
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Construing the ERIC Legal Form from the Perspective of the Swedish Legislator
- 2021
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In: Big Science and the Law. - 9788742000366 ; , s. 107-150
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Book chapter (other academic/artistic)abstract
- European Spallation Source ERIC (ESS ERIC) is a legal entity established by the European Commission based on a European Union regulation (the ERIC Regulation). It is co-hosted by Sweden and Denmark and has its statutory seat in Lund, Sweden. This means that, according to the ERIC Regulation, ESS ERIC is a legal subject of both EU law and Swedish national law. In terms of hierarchical interplay between those two legal systems, it follows from the regulation that matters concerning ESS ERIC are, in the first hand, subject to EU law, with Swedish national law applying insofar as EU law does not regulate the matter at hand. The ERIC Regulation proceeds on the basis that national law will complement its rules in constructing a legal framework governing ERICs. However, apart from the odd reference, the ERIC Regulation does not specify the national law applicable to ERICs. This holds true in terms of national law rules that apply to legal persons in general (general laws) as well as national law legislation enacted to regulate specific legal forms for organisational activity, and thus the legal persons that operate within such forms (specific laws). Accordingly, the ERIC Regulation does not connect the ERIC to legal forms for organisation existing under member states’ national law and specific laws governing existing legal forms. This raises the general question of what kind of legal entities ERICs are under the legal systems of EU member states. More precisely, the question arises of how the ERIC — as a legal form for entities established by the EU to operate as legal subjects of national law—should be construed when analysing the potential applicability of Swedish national law rules to matters concerning ERICs operating within the Swedish legal jurisdiction. This chapter explores these questions from the perspective of ESS ERIC and Swedish legal forms for organisations. A comprehensive identification and assessment of legal rules that are, or might be, applicable to ESS ERIC under Swedish law lies outside the limited scope of this chapter. Instead, the chapter’s approach is to identify, explain and discuss the Swedish national legislative measures hitherto undertaken with respect to the ERIC legal form and ESS ERIC. The chapter discusses issues concerning the construction of ERICs as legal entities under Swedish law by explaining their emergence in the Swedish legal system through EU law and shedding a light on how the Swedish legislator views the ERIC, as a legal form for organisation, in comparison to legal forms for organisations, recognised under Swedish law, including associations.
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- Papis-Almansa, Marta, et al.
(author)
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The ESS ERIC and VAT: Do the VAT Rules Foster Research and Innovation in the EU?
- 2021
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In: Big Science and the Law. - 9788742000366 ; , s. 193-224
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Book chapter (other academic/artistic)abstract
- On 19 August 2015 the European Spallation Source (ESS) was approved by the European Commission as a European Research Infrastructure Consortium (ERIC). The purpose of the contribution is to answer the question about actual VAT treatment of transactions in which ESS is engaged and to make a conclusion whether the current rules contribute to the free movement of knowledge in Europe, also called a "fifth freedom in Europe".
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