Review of European Administrative Law最新文献_第5页

The Failure of Leniency as a Regulatory Transplant in Hungary 宽容作为监管移植在匈牙利的失败

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548754

P. Láncos, Í. Horváth, Sándor Szemesi

{"title":"The Failure of Leniency as a Regulatory Transplant in Hungary","authors":"P. Láncos, Í. Horváth, Sándor Szemesi","doi":"10.7590/187479821X16190058548754","DOIUrl":"https://doi.org/10.7590/187479821X16190058548754","url":null,"abstract":"While leniency has become the main pillar of EU cartel enforcement, its expediency can be questioned, particularly if we consider that the vast majority of leniency applications arrive after the first dawn raids or failed cartels. Leniency can be criticized not only for uncovering only\u0000 cartels that are already doomed, but also for its cartel-inducing effect, where periodic whistle blowing or the mutual threat of disclosure stabilizes anti-competitive agreements. The effectiveness of leniency policy is strongly influenced by the regulatory mix of incentives (immunity from\u0000 or reduction in fines, anonymity), sanctions (criminal sentences, disqualification from public procurement), and compensatory measures (private enforcement) introduced in the given jurisdiction. However, certain extra-legal factors may also play a key role: the success of leniency policies\u0000 differs across company size, whistle-blowing cultures, and awareness of leniency throughout the Member States. In our paper, we analyse Hungarian leniency policy as a legal transplant, describing its design and comparing it to the ECN Model Leniency Programme. We arrive at the conclusion that\u0000 its failure in Hungary can be explained by extra-legal factors, such as market structure, leniency awareness, company culture, and ingrained attitudes towards competitors and the state.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126089835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Procedural Rights in Lithuanian Administrative Law – Resistance Fuelled by the Past? 立陶宛行政法中的程序性权利——历史的阻力?

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548781

Agno Andrijauskaito

{"title":"Procedural Rights in Lithuanian Administrative Law – Resistance Fuelled by the Past?","authors":"Agno Andrijauskaito","doi":"10.7590/187479821X16190058548781","DOIUrl":"https://doi.org/10.7590/187479821X16190058548781","url":null,"abstract":"Despite the prevailing trend towards the codification of administrative procedures on the European plane – both on supranational and domestic levels –, the Lithuanian legal system stays immune to it. The purpose of this article is, hence, to explore the underlying reasons\u0000 for the said resistance towards a clear enunciation of procedural rights on statutory level as well as its more practical implications in Lithuania. Namely, the main focus lies on the analysis of the said deficiencies as reflected by the administrative case law. In order to reach this goal,\u0000 firstly, the (somewhat limited) notion of administrative procedure found in the legal framework of Lithuania is dissected and compared to respective notions found in few other legal systems of EU Member States boasting more comprehensive codifications of administrative procedure. Secondly,\u0000 the relevant administrative case law in which the paradigmatic examples of procedural rights (such as the right to be heard and access to one's file) can be found is analysed. In the end, the reasons of the said resistance towards codification of procedural rights in the Lithuanian legal system\u0000 are offered together with a reflection on whether that can still be justified in view of the results revealed by the case law analysis, or whether the time to innovate has come and the more coherent and logically-organized system of administrative procedure is needed.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131899427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Independent Economic Regulators in Belgium: Contextualising Local Resistance to a Global Trend in the Light of the Belgian Economic Constitution 比利时的独立经济监管机构:从比利时经济宪法的角度看当地对全球趋势的抵制

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548727

Emmanuel Slautsky

{"title":"Independent Economic Regulators in Belgium: Contextualising Local Resistance to a Global Trend in the Light of the Belgian Economic Constitution","authors":"Emmanuel Slautsky","doi":"10.7590/187479821X16190058548727","DOIUrl":"https://doi.org/10.7590/187479821X16190058548727","url":null,"abstract":"Inspired by the American experience, the European Union has made it compulsory for Member States since the 1990s to entrust certain regulatory powers to national authorities independent from the government in several sectors of the economy. Such a development is part of a larger trend\u0000 that has taken place at the global level since the 1980s. The choice for independent regulators with wide powers must ensure credible and effective regulation of the economy, away from the shortterm thinking that plagues politicians. Yet, the creation of independent regulators of the economy\u0000 does not fit well with the constitutional, political and economic traditions of several European states, such as Belgium. In Belgium, the creation of independent economic regulators has faced resistance. Using Belgium as a case-study, this paper seeks to contextualise this resistance and argues\u0000 that it should be understood in the light of the mismatch between the (neo-liberal) view regarding the respective roles of 'experts', politicians and economic actors in the regulation of the economy that is behind the creation of independent economic regulators and the Belgian economic constitution.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116343039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union 谷歌爱尔兰案和欧盟关于数字税的法律战

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548808

Giulio Allevato, Fernando Pastor-Merchante

引用次数: 0

The Romanian Ombudsman – A Legal Transplant Moulded by the Domestic Legal Culture 罗马尼亚司法特派员——国内法律文化塑造的法律移植

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548790

D. Dragoș

引用次数: 0

Varga Z., The Effectiveness of Köbler Liability in National Courts 《Köbler责任在国家法院的效力》

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548817

R. Condon

引用次数: 0

The Case of Legal Certainty, an Uncertain Transplant Process in France 法律确定性案例，一个不确定的移植过程在法国

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548745

Emilie Chevalier

引用次数: 0

A Dialectic of Effective Judicial Protection and Mutual Trust in the European Administrative Space: Towards the Transnational Judicial Review of Manifest Error? 欧洲行政空间中有效司法保护与相互信任的辩证法——从“明显错误”的跨国司法审查看问题?

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820X16098444161640

C. Warin

{"title":"A Dialectic of Effective Judicial Protection and Mutual Trust in the European Administrative Space: Towards the Transnational Judicial Review of Manifest Error?","authors":"C. Warin","doi":"10.7590/187479820X16098444161640","DOIUrl":"https://doi.org/10.7590/187479820X16098444161640","url":null,"abstract":"The courts of the EU's Member States have a duty to ensure the effective protection of individuals who are confronted with administrative decisions potentially infringing their rights. However, the principle of mutual trust is often understood as a limit to this protection. This is\u0000 in so far as it requires domestic courts to abstain from reviewing decisions made by administrations of other Member States, even though such decisions may have effects beyond national boundaries. As transnational administrative procedures become increasingly frequent, this article analyses\u0000 the implications of the principles of effective judicial protection and of mutual trust on the review of such procedures by domestic courts. It shows how, by gradually allowing domestic courts to review certain types of manifest errors committed beyond their national jurisdiction, the CJEU\u0000 is moving past the apparent opposition of these principles. It finally argues that developing the transnational judicial review of manifest error may help improve the effective judicial protection of individuals.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124450401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Eliantonio, M and Backes C, Cases, Materials and Text on Judicial Review of Administrative Action, Hart Publishing 2019, 1st edn, ISBN 9781509921478, 1032 pp., £49.50 埃利安东尼奥，M和Backes C，行政行为司法审查的案例，材料和文本，哈特出版社2019年第1版，ISBN 9781509921478, 1032页，49.50英镑

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820X16098444161802

Giulio Napolitano

引用次数: 0

Marta Cantero Gamito and Hans-Wolfgang Micklitz, The Role of the EU in Transnational Legal Ordering Standards, Contracts and Codes, Edward Elgar Publishing 2020, ISBN 9781788118408, 352 pp. Hardback available for £105 Marta Cantero Gamito和Hans-Wolfgang Micklitz，欧盟在跨国法律秩序标准，合同和代码中的作用，爱德华埃尔加出版社2020,ISBN 9781788118408, 352页。精装本可获得105英镑

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820x16098444161811

S. Röttger-Wirtz

引用次数: 0