“At Erasmus School of Law, you need to be an entrepreneurial researcher”

“I was not interested in studying languages or economics. As a typical humanities student, I chose law, and I found it incredibly fascinating”, Schwarz says enthusiastically. “I first studied Notarial Law in Leiden. I wanted to do something with law, but I did not want to become a judge and pass judgment on unfortunate people. So I opted for the cold financial and corporate side of law.” Houweling responds amusedly, “I am the opposite regarding the ‘misery factor’ you mentioned. I am drawn to issues of inequality and conflict. Finding ways to balance those forces is what interests me.”

Research(er) with impact

Houweling explains, “In 2015, the Wet werk en zekerheid came into effect. All experts agreed that it would not be the revolutionary solution to the major challenges we were facing at the time. So, I gathered a group of people and decided to write the Wetboek van Werk. There was some overlap with the Commissie Regulering van Werk (Commissie-Borstlap). We joined forces, and the Wetboek van Werk was delivered in 2019. The State Committee called it inspiring at the time because it was politically independent and written with a long-term vision. I am still proud of that.”

Schwarz continues, “As a researcher, you strive to make an impact with the issues you work on. I did my PhD on the mandatory limited transferability of shares, which was legally abolished in XNUMX, which aligns with my ideas. Those are the kinds of achievements that are gratifying. Currently, I am working on a major research project with Bas Steins Bisschop (Nyenrode), which focuses on the societal responsibility of corporate directors in large companies. Engaging with the evolving political landscape is important, especially as it ties into what’s happening in the EU around Corporate Social Responsibility and due diligence, which involves addressing environmental issues and, for example, human rights.”

Reframing the societal debate

Houweling adds, “Until recently, labour law was based on the contractual model: the degree of legal protection was determined by the type of contract. Now, we are actively rethinking what the fundamental principle of labour law should be. In essence, it is about providing appropriate legal protection to a person who, with all their struggles, ambitions, and talents, is trying to make something of their life. That is a completely different starting point than classifying the type of employment relationship they have with another party. You are starting to see this shift in societal debate, for example, in discussions about whether self-employed workers should also have protection against disability and increasingly referring to people as ‘workers’ rather than ‘employees or freelancers.’ That is fundamentally different from a hundred years ago, and rightly so.”

He continues, “Sixty years ago, the law stated that if a woman got married, her employment contract would automatically end. Labour law has changed enormously over the past sixty years. Today, we have a fully emancipated and diverse workforce.”

Schwarz adds, “The same is true for corporate law. The role of employee participation has expanded, but the most important shift is the change in perception of the corporation. Professor Jef Maeijer [1936-2018] introduced a new perspective on the corporation; it has its own inherent interests. The corporation is not just a contract between shareholders—it is an entity with its own purpose. If you look at today, there is a major shift towards long-term value creation, including pursuing societal goals and not just financial interests. In this regard, we are witnessing something quite significant.”

The crucial role of technology

“We are in an important period”, Houweling explains. “For the first time in history, we are facing a phase of prolonged labour market shortages, which is expected to last for another 15 years. We are at the beginning of a double ageing process, meaning people leave the labour market upon retirement age while also living longer and requiring more care. This will place enormous pressure on the healthcare sector. At the same time, we will face structural labour shortages in other sectors, even though we desperately need more workers for sustainability efforts and to address housing shortages. The role of technology in this context is crucial; we need to decide which technologies to implement and how.”

Schwarz nods, “Healthcare is a major economic driver, and some of its problems could be alleviated by attracting foreign workers. However, this initiative should come from entrepreneurs, not politicians. Politicians often think in terms of votes for tomorrow, while entrepreneurs need to pursue a long-term vision.”

"You can be very entrepreneurial within our School. There are few limitations." - Kid Schwarz

Connecting to practice

“From an academic perspective, modern social security systems deserve attention”, Houweling continues. “Our current safety net is based on full-time employment contracts, but now many people work in various forms. This calls for revising insurance and payment mechanisms to ensure people receive the support they need without bureaucratic obstacles.”

Schwarz agrees, adding, “Active shareholder engagement is also important. Large investors, such as pension funds, need to use their voting power thoughtfully to achieve societal improvements. This is currently underutilized. By giving serious attention to shareholder policy, we can make significant progress. Academia plays a crucial role here because if we let scholars do their work, we can be much better prepared for societal developments.”

Rotterdam work ethic

“I am proud of this organisation”, Schwarz says. “After working at Maastricht University for a long time, I have to say that the characteristics of Erasmus School of Law are admirable: the tremendous work ethic, the Rotterdam mindset, and the mentality that anything is possible if you get people on board. For me, Where Law Meets Business means that at Erasmus School of Law, you can — and perhaps need to — be an entrepreneurial researcher. This means that you can pursue many ventures within our School, whether creating a brilliant new course or developing new research ideas at a conference. There are few limitations. "

Law in action

Houweling adds, “At our School, you are allowed to be that entrepreneurial researcher and there are indeed few restrictions as long as you are willing to go for it. This extends beyond the School itself. Over the past 20 years, we have brought in our alumni network and partnerships with law firms and the municipality. A lot has happened. It is a true example of Law in action."

Schwarz concludes, “That is why it is also appreciated in education that we connect with practice. This allows students to understand the real world and equips them with everything they need to succeed in that environment. That fits with Rotterdam and our School. I am GROOS of that!”