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| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 199 |
| Release | : 2019-03-19 |
| Genre | : |
| ISBN | : 9264311734 |
Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...
| Author | : Sacha Garben |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 361 |
| Release | : 2018-05-17 |
| Genre | : Law |
| ISBN | : 1509917357 |
Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.
| Author | : C. H. Kirkpatrick |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 299 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 1847208770 |
The practice of regulatory impact assessment has long needed a critical evaluation. This volume, which is interdisciplinary and international, and combines academic and practitioner insights, hits the spot to great effect. Colin Scott, UCD College of Business and Law and UCD School of Law, Ireland Better state regulation is a key component of economic reform. This is the first book to comprehensively explore international experience in the use of Regulatory Impact Assessment (RIA), which involves assessing the potential benefits and costs of any regulatory change. The contributors reveal that RIA is being adopted by an increasing number of countries as a route to better regulation with varying degrees of success. The book includes contributions from leading experts on regulatory reform and introduces a range of case studies from developed, developing and transitional economies. Comprehensive in its approach, this book contributes to the literature on evidence-based decision making as part of the new public management. By rigorously examining the principles of better regulation and focusing on the problem of applicability and adoption of RIA practices around the world, it will greatly aid understanding of regulatory policy design and implementation. The book will be invaluable for academics and researchers of public policy and management in developed, developing and transitional countries. It will also be of great practical relevance to government administrators and policymakers challenged by the need to understand the scope and limitations of RIA.
| Author | : Anu Bradford |
| Publisher | : Oxford University Press |
| Total Pages | : 368 |
| Release | : 2020-01-27 |
| Genre | : Law |
| ISBN | : 0190088605 |
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
| Author | : Emilia Mišćenić |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 9783319285955 |
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
| Author | : Ian Brown |
| Publisher | : MIT Press |
| Total Pages | : 289 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 0262312956 |
The case for a smarter “prosumer law” approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of “code”—the technological environment of the Internet—to achieve more economically efficient and socially just regulation. They examine five “hard cases” that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing “multistakeholderization” of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter “prosumer law” approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 155 |
| Release | : 2011-10-25 |
| Genre | : |
| ISBN | : 9264116575 |
This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 402 |
| Release | : 2018-04-15 |
| Genre | : Political Science |
| ISBN | : 9287198497 |
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
| Author | : R. Daniel Kelemen |
| Publisher | : Harvard University Press |
| Total Pages | : 379 |
| Release | : 2011-04-01 |
| Genre | : Political Science |
| ISBN | : 0674265025 |
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 447 |
| Release | : 2019-10-17 |
| Genre | : |
| ISBN | : 9264805907 |
This volume, developed by the Observatory together with OECD, provides an overall conceptual framework for understanding and applying strategies aimed at improving quality of care. Crucially, it summarizes available evidence on different quality strategies and provides recommendations for their implementation. This book is intended to help policy-makers to understand concepts of quality and to support them to evaluate single strategies and combinations of strategies.
