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Harmonization of the protection against misleading commercial practices: ongoing divergences in Central European countries

100%
MacGregor Pelikánová R.
Oeconomia Copernicana
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2019
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vol. 10
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issue 2
239-252
EN
Research background: Modern European integration focuses on competition in the internal single market, embracing both competitiveness and consumer protection, and it aims at full harmonization in this arena. The hallmark, the Unfair Commercial Practices Directive from 2005, aims to overcome diverse social, political, legal and economic traditions. Is the implied protection against misleading practices an opportunity or a threat for Central European Regions? Purpose of the article: The primary purpose is to comparatively describe and critically assess the transposed legal frameworks. The secondary purpose is to study and evaluate their coherence in the light of the case law and their impact in Central Europe, in particular whether it represents an opportunity or a threat for the smart, sustainable and inclusive growth, i.e. boosting competitiveness and innovation along with consumer welfare. Methods: The cross-disciplinary and multi-jurisdictional nature of this paper, and its dual purposes, implies the use of Meta-Analysis, of various interpretation techniques suitable for legal texts and judicial decisions, of the critical comparison and of a holistic assessment of approaches and impacts. Legislation and case law are explored and the yielded knowledge and data are confronted with a field search and case studies. The dominating qualitative research and data are complemented by the quantitative research and data. Findings & Value added: For over one decade, the Unfair Commercial Practices Directive has required full harmonization of the protection against, among other items, misleading commercial practices, by legislatures and judges in the EU. The exploration pursuant to the two purposes suggests that this ambitious legislative and case law project entails a number of transposition approaches with varying levels of coherence, importance and impacts on the competitiveness and innovation of business and consumer welfare in Central Europe. Therefore, full harmonization should be either readjusted or relaxed.
2
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Luxury, slow and fast fashion: A case study on the (un)sustainable creating of shared values

63%
MacGregor Pelikánová R., Sani M.
Equilibrium. Quarterly Journal of Economics and Economic Policy
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2023
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vol. 18
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issue 3
813-851
EN
Research background: Since crises magnify differences and bring both challenges and opportunities, the current complex global setting makes the mutual interconnection a fundamental platform meant  to create confidence and also to lead to a unique strategic advantage. Due to its inherent particularities, the fashion industry is a relevant sphere for performing a categorial reflective triangulation study about the understanding and employment of creating shared values (CSV) within the EU framework. Purpose of the article: The purpose of the article is to research, analyze and critically highlight how CSV is approached by archetypical fashion industry businesses from all three fundamental segments (luxury, fast, slow) and how this fits into the EU law framework. Methods: A categorial reflective triangulation study in four steps is performed while using a content analysis, empirical field observation, qualitative manual Delphi approach and critical juxtaposition with glossing and Socratic questioning. Firstly, 30 archetypical fashion industry businesses are identified and split into luxury, slow and fast fashion segments. Secondly, for each business, research is done on how it identifies its CSVs. Thirdly, the verification of these CSVs is performed in order to confirm or reject the genuineness. Fourthly, the results are projected into the EU framework. Findings & value added: Based on the performed study and its critical analysis, there appear extremely interesting dynamics in the CSV perception and strategies by luxury, slow and fast fashion businesses with a clear overlap in the EU sphere. In particular, fashion businesses from all three segments take into consideration sustainability and the fight against waste, but each segment has a different pro-CSV strategy to do so, and it is critical to contemplate which of these three strategies will become sustainable.
3
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New trends in codes of ethics: Czech business ethics preferences by the dawn of COVID-19

51%
MacGregor Pelikánová R., MacGregor R. K., Černek M.
Oeconomia Copernicana
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2021
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vol. 12
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issue 4
973-1009
EN
Research background: The morality and sustainability depend upon the active engagement of all stakeholders. Businesses might have to observe minimum standards via their corporate social responsibility (CSR), but this does not imply any mandatory and enforceable requirements for their internal documents. Crises such as the COVID-19 pandemic magnify differences and might impact the perception and commitment to ethics and modify preferences. Purpose of the article: Since it is up to each and every business whether it will issue Codes of Ethics or Codes of Conduct (Codes) and how they will project ethical principles, values and concerns in them, it is both illuminative and instrumental to conduct a massive theoretical and literature review, to identify five aspects for exploration of  Codes: (i) human nature (ii) moral values (iii) ethical principles, (iv) reasoning and (v) sustainability pillars, and to perform such an exploration via a case study at the dawn of the COVID-19 pandemic. Methods: Based on a massive theoretical and literature review, five aspects for exploration have been identified and employed in a case study involving twenty Codes of the largest Czech businesses, while focusing on their preferences. This is to be achieved by a holistic advanced content analysis employing meta-analysis and manual Delphi method with Likert scoring by a panel of experts. Findings & value added: The case study reveals that generally Codes prefer (i) Socrates´ perception of human nature, (ii) respect and responsibility as moral values, (iii) the principle of solidarity, (iv) social contract and deontological reasoning and (v) the sustainability social pillar. These findings demonstrate discrepancies and inconsistencies between and also within  these Codes, which often paternalistically reject the multi-stakeholder approach that is needed to overcome COVID-19. This litigates for the appropriateness of this new methodology and encourages further longitudinal case studies entailing more jurisdictions and industries.
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