scholarly journals The Structural Role of Private Enforcement Mechanisms in Public Law

2011 ◽  
Author(s):  
Maria Glover
Keyword(s):  
Public Law ◽  
Private Enforcement ◽  
Structural Role ◽  
Enforcement Mechanisms

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Enforcement

2019 ◽  
pp. 669-720
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Final Section ◽  
Practical Importance ◽  
Civil Law ◽  
Public Law ◽  
Private Enforcement ◽  
Minority Shareholders ◽  
Public Enforcement ◽  
Great Practical Importance ◽  
Enforcement Mechanisms ◽  
A Company

This chapter explores whether the lower level of investor protection that some commentators associate with the civil law can be explained with deficiencies in the enforcement mechanisms that investors, and in particular minority shareholders, have at their disposal. It starts with a discussion of the so-called ‘contracwetualisation of responsibility’. It then analyses how the claims that a company has against its own directors can be enforced, in particular, by minority shareholders. The last part of the chapter gives an overview of substitute enforcement mechanisms for the minority shareholder lawsuit that are of great practical importance in some jurisdictions. In contrast to litigation by the company (acting through its authorized organ or minority shareholders), these substitute mechanisms are predominantly of a public law nature. Thus, this final section will illustrate how some legal systems have a preference for public enforcement, while others rely extensively on private enforcement.

Realising the Public Potential of Corporate Law: Twenty Years of Civil Penalty Enforcement in Australia

2014 ◽  
Vol 42 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Michelle Welsh
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
The State ◽  
Corporate Law ◽  
Private Law ◽  
Primary Role ◽  
The Public ◽  
Enforcement Mechanisms ◽  
Civil Penalty

Traditionally corporate law has been viewed as having characteristics that are commonly associated with private law. Largely this view developed as a result of the “law and economics” scholarship which dominated the corporate law debate, especially in the United States, in the last quarter of last Century. While the traditional “law and economics” approach supports the view that corporate law should be treated as a branch of private law, and that the state should have no role in its enforcement, other scholars, particularly those that adopt a progressive approach, argue that corporate law has, and should be recognised as having characteristics that are usually associated with public law. Arguably, an area of Australian corporate law that displays characteristics that are usually associated with public law is the statutory directors’ duties and the civil penalty regime that supports them. This enforcement regime gives the state through the corporate regulator, standing to take court based proceedings to enforce what are in effect, contracts that established corporate governance structures. This article seeks to determine the appropriate role of a public regulator in these circumstances. The questions considered are: whose interests should the public regulator represent when it is tasked with the responsibility of enforcing the statutory directors’ duties that largely codify fiduciary and common law duties? Given that the duties are owed by directors to their company should the primary role of the public regulator be to represent the interests of the company, and its shareholders, who have suffered a loss as a result of the alleged contravention of the directors’ duties or should the primary role of the public regulator be to act in the interests of the members of the larger community? In these situations what are the interests of the larger community? Drawing on regulatory theory the argument advanced in this paper is that despite the fact that the statutory directors’ duties codify what are in effect private rights between directors and their companies, the primary role of a public regulator is not to utilise the enforcement mechanisms at its disposal in order to obtain compensation for companies who have suffered a loss. Rather, the regulator's primary role is to act in the interests of the larger community by utilising the enforcement mechanisms at its disposal strategically in order to encourage greater compliance.

The Efficiency of Private Enforcement of Public Law Claims in Estonia

2016 ◽  
Author(s):  
Indrek Saar ◽  
Kerly Randlane ◽  
Maret GGldenkoh ◽  
Uno Silberg ◽  
TTnis Elling
Keyword(s):  
Public Law ◽  
Private Enforcement

The Role of Solid Springer in Masonry Vault

2010 ◽  
Vol 133-134 ◽  
pp. 349-354 ◽  
Author(s):  
Vittorio Ceradini ◽  
Michele Candela ◽  
Roberta Fonti
Keyword(s):  
Scientific Research ◽  
Evolution Process ◽  
Limit Case ◽  
Structural Configuration ◽  
Structural Role ◽  
Different Ages ◽  
Building Component ◽  
And Function ◽  
Technical Rules

During a scientific research, directed to understand the structural role of some particular masonry elements, noticeable in covering structures like vault and dome, we searched the technical rules and function of these elements. We verified that in literature there is no specific documentation about these elements and its mechanic purposes. The study was directed to recognize the most representatives architectures in different ages, and to identify the construction technique’s evolution process of this particular arc-double or thickening of arc that we arrived to identify as a necessary building component to give balance in particular structural configuration. This process put down roots from the roman ancient age, until baroque age, where the most original applications of this regulation were placed. From Pantheon to the limit case of St. Filippo Neri chapel, the covers’ structures springer angle studied was analyzed together with its relation to plan, sections and elevation of all buildings. Therefore, if these elements are well-performed, they follow precise constructive patterns that this article would like to identify and show.

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