JOB DESCRIPTION

We are looking for 1 PhD researcher who will carry out research on the interaction between global actors and the EU legal system with the Maastricht implementation of the ‘sector plan’ for the Law Faculties (see below under “Research Focus”).

PhD researchers participate in the Maastricht University Graduate School of Law. At least 80% of the position will be dedicated to research and not more than 20% to teaching activities.

RESEARCH FOCUS

Law in a globalizing society: regulation and protection

The overarching question of the research plan is to analyse what role law has in a globalizing society, and, in particular, how globalization is challenging the potential of the law to regulate, protect and solve disputes. The process of globalization brings about a number of challenges in the legitimacy of decision-making processes, which are linked to 1) the level of governance involved in policy-making and the implementation of norms at local, regional and international level; 2) the type of instruments of regulation which is being used; and 3) in the type of actors involved in regulation.

With complexity in the level of governance, one should understand phenomena such as the phenomenon of global standards entering the EU legal systems, the Free Trade Agreements concluded between the EU and several third countries, international treaties on tackling and preventing crime, the various mechanisms of cooperation between EU authorities and national authorities in the implementation of EU law, or the regulation of internet governance and data flows. Often, this form of complexity comes with a varying degree of transnationality, ie the capacity of a norm to be applied and/or enforced outside the territory of the authority which issued it.

Complexity in the form of instruments can be seen both from the perspective of regulatory mechanisms which depart from traditional ‘command-and-control’ forms of governance towards ‘soft’ governance and market-based instruments, and from that of the progressive increase of regulatory setups combining different fields of law (private, administrative and criminal law) to achieve (global) policy goals, such as fair market competition, security or crime and harm prevention.

Complexity in the type of actors refers to mechanisms whereby regulatory tasks are (partially) delegated to third parties, as is the case with technical standards, civil and criminal justice functions, tasks linked harm reduction, risk management as well as harm and risk prevention, as well as code of conducts and other self-regulation mechanisms (such as certification).

The aim of the plan is to examine how, in a globalizing society, a sufficient degree of legitimacy of decision-making, of protection and effective conflict resolution can be ensured.

This overarching aim is operationalized through two main research questions:

1)    How, given the complexities in governance levels, instruments and actors, to ensure a sufficient degree of legitimacy in regulation?

2)    How, given the complexities in governance levels, instruments and actors, to ensure a sufficient degree of judicial protection and conflict resolution?

The interactions between global actors and the EU legal system

Over the years, various areas of EU law have experienced a progressive externalization and internationalization of many EU policies. Together with the process of globalisation leading to increasingly interrelation of markets, communication and traffic structures, in many policy fields regulation is ‘de-territorialised’, and rules and standards are increasingly set on global level.

We welcome proposals analysing the interrelations between actors operating at the global level (ISO, OECD, W3C and the like) and the EU legal system. Proposals can be submitted tackling questions on how global standards are produced, how they subsequently enter EU law and how they (dis-)respect the applicable principles of EU administrative law, such as transparency and participatory openness. We are also interested in the role of the EU in the globalized decision-making processes and we encourage proposals examining the EU’s participation in global institutions and the repercussions for the EU.

Candidates must:

• Hold a Master’s Degree in law, preferably with focus on international, European and/or comparative law;
• Be open to and interested in cross-sectorial legal research;
• Have a strong command of English and willingness to learn Dutch;
• Be a true team player;
• Have excellent organizational skills.

Fixed-term contract: 4 years.

We offer a 1.0 fte contract for a period of 4 years, starting preferably in March 2022. Continuation after the first year is dependent upon a positive evaluation.

The full-time gross monthly salary amounts to € 2.434,00 in the first year according to salary scale PhD (‘promovendus’), increasing to € 3.111,00 in the fourth year; on top of this there will be an 8% holiday and an 8,3% year-end allowance.

You have to be willing to move to (the vicinity of) Maastricht. If you do not already live in Maastricht (or its direct surroundings), you will be eligible for an allowance for moving costs. If you do not already live in Maastricht (or its direct surroundings), you might be eligible for an allowance for alternative housing. Other secondary conditions include a pension scheme and partially paid parental leave.

The terms of employment of Maastricht University are set out in the Collective Labour Agreement of Dutch Universities (CAO). Furthermore, local UM provisions also apply. For more information look at the website www.maastrichtuniversity.nl > About UM > Working at UM.

Maastricht University

Maastricht University is renowned for its unique, innovative, problem-based learning system, which is characterized by a small-scale and student-oriented approach. Research at UM is characterized by a multidisciplinary and thematic approach, and is concentrated in research institutes and schools. Maastricht University has around 20,000 students and 4,700 employees. Reflecting the university's strong international profile, a fair amount of both students and staff are from abroad. The university hosts 6 faculties: Faculty of Health, Medicine and Life Sciences, Faculty of Law, School of Business and Economics, Faculty of Science and Engineering, Faculty of Arts and Social Sciences, Faculty of Psychology and Neuroscience. For more information, visit www.maastrichtuniversity.nl.

Faculty of Law

The Faculty of Law has a strong and distinct international profile both in education and research. Our faculty is an inspiring and lively place where enthusiastic and inquisitive researchers attempt to find answers to the important legal issues of today. Researchers are able to flourish in the faculty’s vibrant academic community. They develop their own research projects, within the contours set by the faculty’s research programme (https://www.maastrichtuniversity.nl/about-um/faculties/law/research/research-programme).

Research is focused on the study of the role of law in an increasingly globalised society. Research involves studying both institutional and substantive developments in the process of Europeanisation and globalisation that transcends national legal (b)orders. This takes place by means of comparative research and the transnational dimension of the law in a multidisciplinary and interdisciplinary context. To this end, various research methods are applied whereby more traditional methods are combined with empirical research methods.

The Faculty of Law has six departments (Private Law, Public Law, International and European Law, Criminal Law, Tax Law and Foundation and Methods of Law) and hosts eight research institutes, while many researchers of the faculty also participate in interdisciplinary interfaculty institutes (https://www.maastrichtuniversity.nl/about-um/faculties/law/research).

Diversity
Maastricht University is committed to nurturing an inclusive culture and a welcoming atmosphere. This inclusiveness strategy has resulted in a very diverse representation of nationalities and cultures. We strongly believe that diversity (including, but not limited to nationality, age and gender) of the staff and student population will increase the quality of education & research. Fostering diversity and inclusivity creates an academic community where individual talents thrive, and values and differences are cherished.