scholarly journals Stumbling Towards the UK’s New Administrative Settlement: A Study of Competition Law Enforcement After Brexit

2018 ◽  
Vol 20 ◽  
pp. 233-251
Author(s):  
Joe TOMLINSON ◽  
Liza LOVDAHL GORMSEN
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Three Dimensions ◽  
Trade Offs ◽  
Key Dimensions ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

AbstractWhile there has been much talk of the role of parliaments and courts in the Brexit process, far less—indeed very little—has been said about the challenges facing the largest part of the UK government: the administrative branch. Whatever results from the UK’s negotiations with the EU, Brexit will likely necessitate wide-ranging and fast-paced administrative reform in the UK. In this article, we use a detailed case study of a particular part of administration—the Competition and Markets Authority (‘CMA’)—to highlight the nature and extent of the challenges facing administrative agencies. This case study is demonstrative as, while there is an extant UK competition administration structure, competition law and its enforcement are highly Europeanised. We propose that the challenges facing administrative bodies in the UK—including the CMA—can be understood as possessing three key dimensions: internal organisation issues; external coordination issues; and substantive legal issues. We argue that, in many instances, these three dimensions will be in tension which each other. That is to say, the reality of reforming administration post-Brexit will involve trade-offs between questions of internal organisation, external coordination, and substantive law.

The Emerging Contribution of Director Disqualification in UK Competition Law

2021 ◽  
pp. 283-310
Author(s):  
Peter Whelan
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Basis ◽  
Enforcement Mechanism ◽  
Competition Law Enforcement ◽  
The Uk ◽  
Normative Role ◽  
Competition Enforcement

Peter Whelan assesses a developing and increasingly significant enforcement tool in the UK competition authority’s armoury in Chapter 11. In it, Whelan notes that the enforcement of UK competition law is deterrence-focused and comprises both criminal and non-criminal (i.e. civil/administrative) elements. The chapter concentrates on the non-criminal enforcement apparatus that has been developed over the last twenty years. More specifically, it critically evaluates a particular enforcement mechanism that has been gaining increasing importance throughout the recent development of UK competition enforcement practice: the use of director disqualification. It first establishes the normative role of director disqualification in the UK’s armoury of non-criminal antitrust sanctions (i.e. its complementing of the deterrent function of corporate antitrust fines), following which it highlights their potential for performing this role effectively. It then outlines the legal basis for the use of director disqualification within the UK and evaluates the policy and enforcement practice to date with respect to such orders, before proceeding to outline some of the insights that the UK director disqualification regime can provide to other jurisdictions. Ultimately it concludes that, on the basis of the promising, albeit nascent, UK experience to date, director disqualification should be seriously considered by jurisdictions that wish to operate a robust competition law enforcement regime.

General provisions under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Sören Schomburg
Keyword(s):  
Law Enforcement ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Eu Member States ◽  
Ne Bis In Idem ◽  
Protection Of Human Rights ◽  
Potential Impact ◽  
The Uk ◽  
The Eu

In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.

scholarly journals Out of Time? National Parliaments and Early Decision-Making in the European Union

2014 ◽  
Vol 50 (2) ◽  
pp. 240-270 ◽  
Author(s):  
Mads Dagnis Jensen ◽  
Dorte Martinsen
Keyword(s):  
Decision Making ◽  
The European Union ◽  
National Parliaments ◽  
Early Decision ◽  
The Uk ◽  
Council Of Ministers ◽  
National Governments ◽  
The Eu

Co-decisions between the Council of Ministers and the European Parliament are increasingly adopted as early agreements. Recent EU studies have pinpointed how this informal turn in EU governance has altered the existing balance of power between EU actors and within EU institutions. However, the implications of accelerated EU decision-making are expected to have repercussions beyond the EU system and in other institutions impinging on the role of national parliaments. This study examines the implications of an alteration of EU political time on national parliaments’ ability to scrutinize their executives in EU affairs. A mixed method approach has been applied. This strategy combines survey data on national parliaments’ scrutiny process and response to early agreements for 26 EU countries with a case study examination of national parliaments in Denmark, the UK and Germany. The burgeoning research agenda on EU timescapes is applied. This study finds that the clocks of most national parliaments are out of time with the EU decision-mode of early agreements, which severely hampers the national parliaments’ ability to scrutinize national governments.

The Regional Consequences of the Japanese Second Wave: A Case Study

1995 ◽  
Vol 10 (1) ◽  
pp. 4-20 ◽  
Author(s):  
Max Munday
Keyword(s):  
Local Economy ◽  
The Uk ◽  
Second Wave

Outline This paper examines the Japanese “second wave” sector in the local economy. Following an examination of the development of the second wave Japanese-owned supplier sector in the UK, the paper assesses the role of this sector in the local economy, and questions the policy rationale of attracting this particular type of inward investment.

European Union Law

2021 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Research Topics ◽  
European Union Law ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.

Hidden speech, private thoughts: a case study in peer conversation and educational choice

2021 ◽  
Vol 23 (1) ◽  
pp. 148-168
Author(s):  
Cherry Canovan ◽  
Rory McDonald ◽  
Naomi Fallon
Keyword(s):  
Young People ◽  
Widening Participation ◽  
Educational Choice ◽  
Older Students ◽  
Friendship Group ◽  
Great Relevance ◽  
The Uk ◽  
Peer Conversation

The role of peer and friendship-group conversation in educational and career choices is of great relevance to widening participation (WP) practitioners, but has been little studied in recent years. We interviewed young people and WP practitioners in Carlisle, an isolated city in the UK, to interrogate this subject. We found that young people were clearly discussing their future choices, sometimes overtly and sometimes in 'unacknowledged conversations'. However some topics and ambitions were seen as 'too private' to discuss; all of our young people had a plan for the future, but many believed that some of their friends did not, possibly because of this constraint. We also discuss the role of older students in informing choices, the phenomenon of 'clustering' that can lead to young people funnelli ng into certain options, and the role that geographical isolation might play in exacerbating some effects. Finally we give some recommendations for WP practice based on these findings.

The UK as victim and hero in the Sun’s coverage of the Brexit ‘humiliation’

2021 ◽  
Vol 25 (3) ◽  
pp. 645-662
Author(s):  
Franco Zappettini
Keyword(s):  
The Body ◽  
The Public ◽  
Political Relations ◽  
Historical Role ◽  
Political Dimensions ◽  
The Uk ◽  
Tabloid Journalism ◽  
Tabloid Press ◽  
The Eu

This paper discusses how emotions were mobilised by the British tabloid press as discursive strategies of persuasion during the public debate on the implementation of Brexit. Using the case study of the Suns coverage of the alleged UKs humiliation at the Salzburg meeting (2018) during the Brexit negotiations, the analysis addresses the questions of how and through which linguistic means actors and events were framed discursively in such an article. The findings suggest that The Sun elicited emotions of fear, frustration, pride, and freedom to frame Brexit along a long-established narrative of domination and national heroism. The discourse was also sustained by a discursive prosody in keeping with a satirical genre and a populist register that have often characterised the British tabloid press. In particular the linguistic analysis has shown how antagonistic representations of the UK and the EU were driven by an allegory of incompetent gangsterism and morally justified resistance. Emotionalisation in the article was thus aimed both at ridiculing the EU and at representing it as a criminal organisation. Such framing was instrumental in pushing the newspaper agenda as much as in legitimising and institutionalising harder forms of Brexit with the tabloids readership. Approaching journalist discourse at the intersection of affective, stylistic, and political dimensions of communication, this paper extends the body of literature on the instrumental use of emotive arguments and populist narratives and on the wider historical role of tabloid journalism in representing political relations. between the UK and the EU.

The special measures school and the ‘c’ word: A case study of the role of conformity, compliance chimera, and the power of community and context in a special measures secondary school in northern England

2017 ◽  
Vol 9 (2) ◽  
pp. 101-113
Author(s):  
Diann Hanson
Keyword(s):  
Secondary School ◽  
Children's Services ◽  
Economic Context ◽  
Economically Deprived ◽  
Children’S Services ◽  
The Uk ◽  
The Relationship ◽  
Methods Of Reconstruction

This article explores the relationship between capital and education through the experiences of a British secondary school following a grading by the Office for Standards in Education, Children’s Services and Skills that placed the school into special measures, considering the underlying assumptions and inequalities highlighted and obfuscated by the special measures label. The formulaic and ritualistic manner in which operational and ideological methods of reconstruction were presented as the logical (and only) pathway towards improvement is examined in an effort to disentangle the purpose of the ‘means-to-an-end’ approach within prevailing hegemonic structures, requiring a revisit to contemporary positioning of Gramscian concepts of ideology through the work of Gandin. The decontextualisation of schools from their socio-economic environments is probed in order to expose the paradoxes and fluidity of resistant discourse. The ambiguities between a Catholic ethos, neo-liberal restructuring and the socio-economic context of the school and the greater demands to acquiesce to externally prescribed notions of normativity are considered as a process that conversely created apertures, newly formed sublayers and corrugations where transformation could take root. Unforeseen epiphanies and structures of dissent are identified and will enrich the narrative of existence and survival in a special measures school in an economically deprived northern town in the UK.

scholarly journals Can Indicators Bridge the Gap between Science and Policy? An Exploration into the (Non)Use and (Non)Influence of Indicators in EU and UK Policy Making

2014 ◽  
Vol 9 (3) ◽  
pp. 316-343 ◽  
Author(s):  
Léa Sébastien ◽  
Tom Bauler ◽  
Markku Lehtonen
Keyword(s):  
Sustainable Development ◽  
Case Studies ◽  
Policy Making ◽  
Science And Policy ◽  
Development Indicators ◽  
Energy Indicators ◽  
The Uk ◽  
Evidence For Policy ◽  
The Eu

This article examines the various roles that indicators, as boundary objects, can play as a science-based evidence for policy processes. It presents two case studies from the EU-funded POINT project that analyzed the use and influence of two highly different types of indicators: composite indicators of sustainable development at the EU level and energy indicators in the UK. In both cases indicators failed as direct input to policy making, yet they generated various types of conceptual and political use and influence. The composite sustainable development indicators served as “framework indicators”, helping to advocate a specific vision of sustainable development, whereas the energy indicators produced various types of indirect influence, including through the process of indicator elaboration. Our case studies demonstrate the relatively limited importance of the characteristics and quality of indicators in determining the role of indicators, as compared with the crucial importance of “user factors” (characteristics of policy actors) and “policy factors” (policy context).

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