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1. Collective Action in the Netherlands: Why It Matters for the Transposition of the Product Liability Directive

Author:
Oscar Guinea, Dyuti Pandya, and Vanika Sharma
Publication Date:
06-2025
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
This policy brief explores the implications of the Netherlands’ transposition of the new EU Product Liability Directive (PLD), focusing on its interaction with the Dutch collective action system. As one of the first EU countries to implement PLD and a key hub for mass litigation, the Netherlands offers a compelling case study. Features such as low claim thresholds, opt-out mechanisms, flexible settlements, limited cost-shifting, and the ease of creating litigation-backed entities make the Netherlands particularly attractive for mass claims, reinforcing its reputation as a “litigation magnet.” The new PLD simplifies liability claims, broadens the definition of “product” to include software, digital files, and related services, lowers evidentiary thresholds, extends liability to third-party actions such as cyberattacks, and includes post-market defects. These provisions, combined with the Netherlands’ collective redress regime, are expected to drive a rise in mass litigation. This rise poses particular economic risks for the Netherlands, one of the EU’s most digitised economies. Ranked sixth in digital adoption by Eurostat’s Digital Intensity Index, Dutch firms – especially in finance, insurance, ICT, and manufacturing – may also face growing exposure to collective actions under the PLD, which extends liability across the entire value chain. These sectors account for 27 percent of the value added in the Dutch market economy and are widely recognised as key drivers of economic growth. Increased legal uncertainty may also reduce the Netherlands’ attractiveness to multinational corporations, threatening levels of foreign direct investment and employment, both essential pillars of the Dutch economy. Growing mass litigation may also hinder innovation by redirecting R&D resources toward legal risk management. This is particularly concerning for the Netherlands, one of the EU’s top R&D investors. Drawing on US evidence, large-scale litigation can significantly erode market capitalisation, and based on our estimates, the cumulative loss in value for 31 Dutch companies featured in the EU R&D Scoreboard could reach €5.5 billion under the high-growth scenario. Such declines could impact household wealth, as Dutch households save approximately 14.6 percent of their gross disposable income, of which 20 percent is invested in equity. Pension funds, which also play a central role in Dutch long-term savings, can also hold significant stakes in publicly traded Dutch companies. As a result, the effects of collective actions on the market value of Dutch companies extend beyond corporate balance sheets, posing potential negative consequences for Dutch savers, as well as current and future pensioners. This report was commissioned by the European Justice Forum, a coalition of businesses, individuals and organisations that are working to build fair, balanced, transparent and efficient civil justice laws and systems for both consumers and businesses in Europe.
Topic:
European Union, Economy, Litigation, and Liability
Political Geography:
Europe and Netherlands

2. Raising the Bar: Supermarkets must urgently address structural exploitation of cocoa farmers

Author:
Jesse Arnon and Anouk Franck
Publication Date:
04-2025
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
Most cocoa farmers in main cocoa producing countries Côte d’Ivoire and Ghana are poor, even though they are at the heart of the supply chain for a luxury good: chocolate. For decades they have been receiving low farm gate prices, which don’t allow them to earn a living income for their families. At the same time, companies in the cocoa and chocolate supply chains have been making huge profits. Supermarkets in the Netherlands and Germany have taken first steps by making long-term commitments to ensuring cocoa farmers are paid a living income reference price, but the share of honest chocolate they have on offer only reaches 5%. It’s time that they radically change the way they do business, by committing to long-term fair prices for farmers, sharing the risk with cocoa farmers and being accountable for all the chocolate products they sell. This paper focuses on supermarkets, which are powerful actors in the cocoa and chocolate supply chain. As primary retailers, supermarkets have a direct link with consumers and have power across the supply chain so they can drive real change. Dutch and German supermarkets have made living income commitments, and they have started implementing them.
Topic:
Human Rights, Business, Cocoa, Farming, Living Income, and Supermarkets
Political Geography:
Europe, Germany, Netherlands, and Global Focus

3. Seeking Safer Shells: An Analysis of Interpretations, Justifications, and Rationales Behind Decisions on North Korean Defectors’ Right to Asylum

Author:
Megumi Faith Mallari and Saleh Naas
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Despite their known and indisputable need for protection, North Koreans often have their applications for asylum rejected. This paper outlines the differing interpretations of North Koreans’ right to asylum and investigates the rationales and justifications behind them through the case studies of the United Kingdom, the United States, Germany, France, the Netherlands, and China (PRC). The paper argues that the rationale of the European countries analyzed is based on their generally restrictive view on asylum, independent from their political positioning on the Democratic People's Republic of Korea (DPRK). Contrastingly, the rationales of the United States and the PRC are grounded in interests directly related to the Korean peninsula and Cold War narratives.
Topic:
Geopolitics, Asylum, and Refugee Policy
Political Geography:
China, United Kingdom, Asia, South Korea, North Korea, France, Germany, Netherlands, and United States of America

4. Beyond the EU enlargement paradox

Author:
René Cuperus and Saskia Hollander
Publication Date:
03-2024
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This Clingendael report analyses the so-called ‘EU enlargement paradox’, which refers to the notion that EU enlargement is both inevitable and impossible at the same time. It is inevitable for geostrategic reasons, given Putin’s Russian imperial revisionism. But at the same time, EU enlargement is impossible for political institutional reasons. At the moment, neither the eligible candidate countries, nor the EU at large, nor the electorates in key EU Member States are ‘enlargement fit’. How could the Dutch government deal with this paradox? This paper aims to set the scene for the forthcoming debate in the Netherlands on the future of EU enlargement. To serve as a basis for risk analysis, it provides a systematic overview of various trade-offs on five policy domains: 1) geopolitics, security and defence; 2) rule of law and democracy; 3) economy and budget; 4) migration and free movement of persons; and 5) EU institutional structure. The report draws on findings from the latest Clingendael Barometer survey, which analysed Dutch public opinion towards enlargement along these dimensions.
Topic:
Public Opinion, European Union, Regional Integration, Survey, and Regional Politics
Political Geography:
Europe and Netherlands

5. How Dutch farmers’ protests evolved into political mobilisation

Author:
Camille van Hees, Louise Van Schaik, and Pieter Zwaan
Publication Date:
05-2024
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
The early signs of the now omnipresent polarisation between farmers’ interests and environmental goals began to appear in the Netherlands in 2019. That year saw both the launch of the European Green Deal as the EU’s overarching growth strategy and the establishment of a political party representing farmers’ interests in the Netherlands, the Farmer-Citizen Movement (BBB). Five years later, the Green Deal has lost its appeal and the BBB is likely to enter government, although electorally the party seems past its peak. Farmers are now protesting across Europe and many oppose, in particular, EU environmental policies they consider overly bureaucratic and damaging to their business. The European Christian democrats (EPP) have clearly repositioned themselves as representatives of agricultural interests. They are keen to keep the rural vote, which is also sensitive to other more conservative and right-wing issues. In the Netherlands, this became clear in the most recent general elections where populist parties managed to attract a large part of the (rural) vote and where Geert Wilders’ anti-migration Freedom Party (PVV) became the biggest with about 25%. In this policy brief, we will zoom in on the events that shaped the rise of the BBB and led to the current political situation in the Netherlands. On that basis, this policy brief looks at how the Dutch case could be a prologue for the forthcoming European Parliament elections.
Topic:
Protests, Political Movements, Mobilization, Green Deal, and Farmers
Political Geography:
Europe and Netherlands

6. De-risking by promoting digital solutions for green tech: Going Dutch?

Author:
Alexandre Ferreira Gomes, Giulia Cretti, and Maaike Okano-Heijmans
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Against the backdrop of geopolitical tensions, the growing demand for technologies that will accelerate the green transition exposes European countries to risks. Most attention is devoted to strategic dependencies on China for critical raw materials (CRM) and components that are necessary for such technologies. However, the data-driven digital elements and applications used, for instance, to optimise energy use are also relevant, as they intensify cybersecurity and data privacy-related concerns. To de-risk Europe’s strategic dependencies in this field, adopting a balanced approach between ‘promoting’, ‘protecting’ and ‘partnering’ is essential. This Clingendael Policy Brief focuses on the ‘promote’ angle by exploring the role of the Dutch government and private sector in fostering the Dutch digital green-tech industry. With its track record in innovation within the EU, the Netherlands is well placed to boost the commercialisation of digital green technologies through procurement. Moreover, the Netherlands could lead the discussions on defining cybersecurity standards and interoperability norms at EU and international forums.
Topic:
Partnerships, Green Technology, Digital Technologies, and Critical Raw Materials (CRM)
Political Geography:
Europe and Netherlands

7. The Joint Expeditionary Force: Baltic Interests

Author:
Tony Lawrence
Publication Date:
11-2024
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Elements of the Joint Expeditionary Force (JEF) will spend much of November 2024 in Latvia, taking part in a series of exercises known as Joint Protector 24.[1] Leaders of the JEF countries—Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, the Netherlands, Norway, Sweden, and the UK will then meet in Tallinn on 16-17 December to discuss further cooperation in the framework.[2] What is the JEF, and what does it offer the Baltic region? Despite its name, the JEF is not a force. It is a flexible framework led by the UK, under which the UK itself and at least one other member (a ‘1 + 1’ format) can pool military capabilities for the purpose of conducting specific operations. The UK also provides the backbone of a permanent operational headquarters for the JEF—the Standing Joint Force Headquarters—although other command and control options are available depending on the scale and nature of a particular operation.
Topic:
Defense Policy, NATO, Armed Forces, Security Cooperation, and Joint Expeditionary Force
Political Geography:
United Kingdom, Finland, Norway, Lithuania, Estonia, Denmark, Sweden, Latvia, Netherlands, Iceland, and Baltic States

8. Finger on the Pulse: The State of Primary Care in the U.S. and Nine Other Countries

Author:
Evan D. Gumas, Corinne Lewis, Celli Horstman, and Munira Z. Gunja
Publication Date:
03-2024
Content Type:
Policy Brief
Institution:
Commonwealth Fund
Abstract:
For many people, primary care is their first point of contact with the health system, and decades of evidence shows it is critical for population health, health equity, and the overall efficiency of health care systems.1 Primary care is also uniquely positioned to screen for social needs and provide integrated behavioral health services.2 Ensuring people have access to high-quality, comprehensive primary care is vital to good health outcomes and positive experiences with the health system at large. Despite the importance of primary care, health systems around the world are facing challenges at the patient and provider level. Many countries struggle to ensure access to care, or first contact; continuity of care; comprehensiveness of care; and coordination of care. These four core components of high-quality primary care are essential to better overall health outcomes.3 Factors like workforce shortages, physician burnout, and dwindling access for patients, driven in part by underinvestment and growing administrative burdens, pose significant barriers to care.4 To better understand how patient care can be improved in a changing primary care landscape, this brief compares the state of primary care in the United States with nine other high-income nations. It updates an earlier Commonwealth Fund study comparing primary care performance in the U.S. with nine peer countries: Australia, Canada, France, Germany, the Netherlands, New Zealand, Sweden, Switzerland, and the United Kingdom. Our data come from the Commonwealth Fund’s 2022 International Health Policy Survey of Primary Care Physicians and the 2023 International Health Policy Survey of adults age 18 and older. The 2022 and 2023 surveys asked different questions of the participating physicians and responding adults, so this edition includes new measures on access to telehealth, preparedness to treat behavioral health conditions, and care coordination. For more details on our methods, see “How We Conducted This Study.”
Topic:
Equity, Primary Care, and Healthcare System
Political Geography:
United Kingdom, Canada, France, Germany, Australia, Switzerland, North America, Sweden, Netherlands, New Zealand, and United States of America

9. Insights into the U.S. Maternal Mortality Crisis: An International Comparison

Author:
Munira Z. Gunja, Evan D. Gumas, Relebohile Masitha, and Laurie Zephyrin
Publication Date:
06-2024
Content Type:
Policy Brief
Institution:
Commonwealth Fund
Abstract:
The United States continues to have the highest rate of maternal deaths of any high-income nation, despite a decline since the COVID-19 pandemic. And within the U.S., the rate is by far the highest for Black women. Most of these deaths — over 80 percent — are likely preventable.1 With policies and systems in place to support women during the perinatal period, several high-income countries report virtually no maternal deaths. As policymakers and health care delivery system leaders in the U.S. seek ways to end the nation’s maternal mortality crisis, these countries may offer viable solutions. This brief updates an earlier Commonwealth Fund study of differences in maternal mortality, maternal care workforce composition, and access to postpartum care and social protections between the U.S. and other high-income countries: Australia, Canada, France, Germany, the Netherlands, New Zealand, Norway, Sweden, Switzerland, and the United Kingdom.2 In this edition, we have also included data on Chile, Japan, and Korea — all high-income countries with universal health care systems. For our analysis, we used the most recently available data from the U.S. Centers for Disease Control and Prevention (CDC) and from the Organisation for Economic Co-operation and Development (OECD), of which the U.S. is a member. Where country-specific data are more than five years old, we note whether more recent published data from other sources are available for that country. Readers should be aware that because the methods we used to derive updated numbers from other sources may be different from methods the OECD uses, data points may not be comparable to the U.S. rates. For complete details on our methods, see “How We Conducted This Study.”
Topic:
Development, Inequality, Public Health, and Maternal Mortality
Political Geography:
United Kingdom, Canada, Norway, France, Germany, Australia, Switzerland, North America, Sweden, Netherlands, New Zealand, and United States of America

10. Hospital Global Budgeting: Lessons from Maryland and Selected Nations

Author:
Bob Atlas
Publication Date:
06-2024
Content Type:
Special Report
Institution:
Commonwealth Fund
Abstract:
Issue: Maryland has utilized hospital global budgeting for a decade, but the approach is rarely used elsewhere in this country. The Centers for Medicare and Medicaid Services now hopes to test global budgeting in more states to help scale up this form of cost containment. Goals: Examine the ways Maryland, Canada, the Netherlands, New Zealand, and Norway employ hospital global budgeting and the lessons they offer to those hoping to see wider adoption in the United States. Methods: Analysis of the various health systems and expert interviews. Key Findings and Conclusion: Maryland and the four selected countries vary significantly in their approaches to hospital global budgeting. With its previous experience using price controls and current global budgeting approach, Maryland has succeeded in holding hospital spending growth steady for nearly a decade. While Norway combines fixed and variable payments to support global budgeting, the Netherlands and Canada’s province of Ontario are moving away from global budgeting in favor of other approaches. Meanwhile, New Zealand has added multiyear rolling forecasts and budgets to support its own model. Future approaches in the U.S. could prove more effective by factoring in the complexities, conflicting incentives, and potential unintended consequences of global budgeting.
Topic:
Public Health, Healthcare System, and Budgeting
Political Geography:
Canada, Maryland, Netherlands, New Zealand, and United States of America