Some platforms in the collaborative economy offer a combination of sectoral and information society services, which characterises them as a hybrid entity. The concurrent provision of disparate types of services necessitates the determination of the predominant activity of a given platform on a case-by-case basis. This, in turn, gives rise to legal uncertainty and inconsistent case law at the national level. This paper examines the impact of the choice of institutional alternatives in the context of multilevel governance in the EU on the legal status of collaborative economy business models such as Uber and Airbnb in the EU single market. The paper employs a mixed-methods research approach to analyse pivotal jurisprudential decisions of the Court of Justice of the European Union (CJEU) and national courts. It reaches the conclusion that the Airbnb platform, in its capacity as an information society service provider, is subject to the provisions of the Electronic Commerce Directive (2000/31/EC). Conversely, Uber, by virtue of its definition as a transport undertaking, is subject to shared jurisdiction between EU institutions and Member States in the field of transport services. This paper initiates a discussion on the suitability of the extant regulatory apparatus and underscores the necessity for the establishment of an appropriate institutional framework, either centralised at the EU level or decentralised at the level of Member States, that would provide substantive rules aimed at comprehensively regulating the legal status of hybrid business models, thus allowing for more uniform conditions for their operation in the EU single market.
This study aims to identify and the implementation of ASN Management policies on career development aspects based on the merit system in the West Java Provincial Government and 6 Regency/City Governments in West Java Province. The failure of the institutionalization of the meritocratic system in ASN career development is partly triggered by the symptoms of the appointment or selection of officials in the central and regional levels not based on their professionalism or competence except for subjective considerations, political ties, close relationships and even bribery. This study uses a qualitative method with a descriptive approach. The operationalization concept in this study uses Merilee S. Grindle's Policy Implementation theory which consists of dimensions of policy content and its implementation context. The factors that cause the implementation of the policy to be less than optimal include: 1. Uneven understanding of meritocracy; 2. Slowness/unpreparedness in synchronizing central and regional rules/policies; 3. The information integration system between the center and regions has not yet been implemented; 4. Limited supporting infrastructure; 5. Limited permits for related officials; 6. Transparency; 7. Collaboration across units/agencies; 8. External intervention; 9. Use of information systems/technology. To optimize these factors, an Accelerator of Governmental Unit's Success (AGUS) model was created, which is a development of the Grindle policy implementation model with the novelty of adding things that influence implementation, including top leader's commitment and wisdom, effectiveness of talent placement, on-point human development, technology savvy, cross-unit/agency collaboration, and monitoring and evaluation processes.
This study aims to discover the relationship between growth sales, capital structure, and corporate governance on financial performance of energy and basic material sector public companies in Indonesia. Financial performance is observed from 2 aspects: market performance (Tobin's Q) and profitability performance (ROA). The population in this study is firms in the energy and basic material sector on Indonesia Stock Exchange. The total population is 248 firms. 39 firms were selected as samples. The data is obtained from the annual report which starts from the period 2018 to 2022. A total of the population was determined as samples by purposive sampling method. Data analysis using panel data regression. The result shows: 1) Growth Sales have a significant influence on market performance; however, it does not have a significant effect on profitability performance. 2) Capital Structure significantly influences market and profitability performance 3) Corporate governance significantly influences market and profitability performance. Suggestions for companies that must strive to increase sales, maintain good corporate governance and pay attention to the company's capital structure in a balanced manner.
This paper explores the interconnected dynamics between governance, public debt, and domestic investment (also known as gross fixed capital formation (GFCF) in South Africa). It also highlights domestic investment as a key driver of economic growth, noting a consistent decline in investment since the country’s democratic transition in 1994. Moreover, this downward trend is exacerbated by excessive public debt, poor governance, and increased economic risks, discouraging domestic and foreign investments. The analysis incorporates two theoretical perspectives: endogenous growth theory, which stresses the significance of local capital investment and innovation, and institutional governance theory, which focuses on the role of governance in promoting economic development. The study reveals that poor governance, rising debt, and high economic risks have impeded GFCF and economic stability. By utilizing quantitative data from 1995 to 2023, the research concludes that reducing public debt, improving governance, and minimizing economic risk are critical to revitalizing domestic investment in South Africa. These findings suggest that policy reforms centered on good governance, effective debt management, and economic stabilization can stimulate investment, promote growth, and address the country’s economic challenges. This study offers insights into how governance and fiscal policies shape investment and capital formation in a developing nation, providing valuable guidance for policymakers and stakeholders working towards sustainable economic growth in South Africa.
This paper aims to develop a holistic framework for the Maqasid al-Shariah in Responsible Investment (MSRI) index for selected publicly listed companies in the Malaysian capital market. To test the validity of the MSRI framework, a sample of 30 publicly listed companies from 2021 was selected using purposive sampling. The framework consists of eight themes with forty-five elements to evaluate companies based on their annual reports, sustainability reports, and public disclosures. The scores are classified into three categories: Shariah compliant, Shariah non-compliant, and Hajiyyat. Out of the 30 selected companies, the summary of MSRI scores concludes that twenty (20) companies were identified as Shariah compliant, while the remaining four (4) were classified as Shariah non-compliant, and six (6) as Hajiyyat. Overall, the results of the analyses show that the sustainability of the company and society has a higher percentage than the wealth preservation of companies. This research differs substantially from prior work by offering a novel approach that develops a holistic framework integrating Maqasid al-Shariah with elements of responsible investment. This study believes it can provide valuable guidance for formulating Islamic investment public policy for selected investment portfolios.
Localization is globally accepted as the strategy towards attaining the Sustainable Development Goals (SDGs). In this article, we put forth the South Indian state of Kerala as a true executor of the localization of SDGs owing to her foundational framework of decentralized governance. We attempt to understand how the course of decentralization acts as a development trajectory and how it has paved the way for the effective assimilation of localization principles post-2015 by reviewing the state documents based on the framework propounded by the United Nations. We theorize that the well-established decentralization mechanism, with delegated institutions and functions thereof, encompasses overlapping mandates with the SDGs. Further, through the tools of development plan formulation, good governance, and community participation at decentralized levels, Kerala could easily adapt to localization, concocting output through innovative measures of convergence, monitoring, and incentivization carried out through the pre-existing platforms and processes. The article proves that constant and concerted efforts undertaken by Kerala through her meticulous and action-oriented decentralized system aided the localization of SDGs and provides an answer to the remarkable feat that the state has achieved through the consecutive four times achievements in the state scores of SDG India Index.
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