This programme examines the regulatory system in the wake of the global financial crisis, assessi... more This programme examines the regulatory system in the wake of the global financial crisis, assessing its current weaknesses, the role of legislative and judicial bodies, and identifying measures for future reform of both markets and regulatory regimes. It aims to shed light on the recent failures of regulators, often captive of the very industries they are meant to regulate, and examine ways to improve the accountability and effectiveness of the regulatory system. This policy brief was prepared with support from the Financial Market Policies Foundation (www.fmpf.org). A fulllength academic version of the paper is also available on request. The paper benefited greatly from observations and suggestions at a workshop organized by the Foundation for Law, Justice and Society, as well as bilateral comments on an earlier draft. The author would like to thank particularly, without implication, Professors Robert
This report examines the influence of the media on the judiciary and politics, and features insig... more This report examines the influence of the media on the judiciary and politics, and features insights from Lance Price, former Government Director of Communications, on the unhealthy relationship between politics and the media exposed by the phone hacking scandal.
Other issues addressed include media ownership and control, and comparative studies from the US and Italy.
As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting... more As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting riots, former High Court Judge Sir Mark Potter assesses to what degree the media influence the judiciary. In the policy brief, he finds that judges generally remain impervious to outside influence, but that sentencing policy is sometimes influenced by public opinion.
This policy brief charts the slow boadening of access to environmental justice in England and Wal... more This policy brief charts the slow boadening of access to environmental justice in England and Wales over the past few decades, and examines current and future prospects with reference to the Aarhus Convention and the implications of potential reforms to the 'loser pays' fees system for legal action taken by environmental NGOs and civil society organizations.
This policy brief assesses the adoption of US models of judicial activism in post-Communist count... more This policy brief assesses the adoption of US models of judicial activism in post-Communist countries of central and Eastern Europe, and proposes an alternative model in the form of co-equality as a more effective way to reconcile popular sovereignty with individual liberty.
An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg... more An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg, Lord Justice Jacob and others examine the growing trend towards the ‘judicialization of politics’, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights. The debate ranges over the new Supreme Court in the UK, and recent controversial decisions over prisoners' voting rights and control orders for terror suspects.
This working paper explores the interplay of socioeconomic, institutional, and cultural factors t... more This working paper explores the interplay of socioeconomic, institutional, and cultural factors that affect disputing behaviour in Russia and China. It compares their cultural attitudes towards conflicts, explores the differences in their contemporary institutional arrangements for responding to grievances, and analyses the role of the judiciary in relation to Russia’s ‘managed democracy’ and Chinese authoritarianism.
This investigative comparison of the post-communist transitions of Russia and China attempts to a... more This investigative comparison of the post-communist transitions of Russia and China attempts to assess why China’s growth has outstripped that of Russia, and whether Russia’s stunted economic development may offer signs for the future growth of China.
This report summarizes the three-year programme investigating the social contract and the modern ... more This report summarizes the three-year programme investigating the social contract and the modern welfare state. It provides an overview of social contract theory and a history of its evolution over the last century, as it is used to inform welfare policy by governments in various parts of the world, including Scandinavia, Latin America, the UK and the United States.
The report asssess how the social contract impacts on institutions such as the famliy, education, health, and civil society, before addressing specific recent challenges such as globalization, economic austerity measures, and the effect of an ageing population on pension provision.
By examining the tax system and analysing possible alternatives such as a spending tax or basic income, the report addresses the challenges faced by policymakers to create a fair, affordable welfare system, and lays out a framework through which social contract theory can help us to reach a better understanding of an equitable welfare state.
Drawing together academic and practitioner contributors from Africa and beyond, this collection h... more Drawing together academic and practitioner contributors from Africa and beyond, this collection highlights the challenges that international justice has faced in addressing atrocities in Africa.
Assembling nearly two years of critical debates convened by Oxford Transitional Justice Research, the collection of nearly 60 essays explores the work of the ICC and other judicial processes at a crucial stage in the development of international justice in Africa.
The June 2010 review conference of the International Criminal Court (ICC) in Kampala provides an opportunity to identify the successes and shortcomings of these processes and to lay the foundation for more effective approaches in the future.
The debates in this volume highlight that there is major disagreement over the performance and legacies of international justice institutions in Africa. The purpose of this collection is to deepen discussions of these issues and to provoke new questions about the past and future directions of international justice in Africa.
This policy brief, written by Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford Univ... more This policy brief, written by Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford University, is published as costs and funding are assuming far greater importance as keys to evaluating and providing access to justice.
The findings were drawn upon by Lord Justice Jackson in his influential Costs Review which recommended moving to American style contingency fees, a recommendation that is widely expected to be implemented by the UK coalition government.
The policy brief addresses the problem of maintaining fair and equal access to justice for all, whilst controlling cost and delay, a problem of particular relevance as governments across Europe are set to impose significant cuts in public expenditure as a consequence of the current economic climate.
Using data supplied by leading practitioners across the thirty-five jurisdictions, the study looks at nine case studies of categories of claim, and conducts a comparative analysis of the range of approaches taken to administering them, before setting out possible alternative approaches.
This policy brief addresses alternative dispute resolution mechanisms in Europe to propose an int... more This policy brief addresses alternative dispute resolution mechanisms in Europe to propose an integrated, holistic approach to encompass the range of mechanisms for resolving disputes, including ombudsmen, compensation schemes, business codes of conduct, complaint boards, and other pathways.
In response to the increase in collective redress, a European alternative to US-style class actions is presented by way of a model for the alignment of the various existing systems to promote good practice.
The best ADR mechanisms do not just lead to resolution of disputes but also deliver information, incentives, and pressure to maintain and improve performance standards. Hence, dispute resolution systems should be designed to play their part within wider regulatory structures, providing lessons that can be used to influence future behaviour.
This report summarizes the findings of an Oxford research project and an international conference... more This report summarizes the findings of an Oxford research project and an international conference which assessed alternative methods for settling consumer disputes that do not involve the courts.
The report was published on the day the European Commission announced draft legislation on consumer ADR, and comes in response to the finding that many governments are interested in ADR as an alternative to courts to improve access to justice, overcome problems of costs and funding for court mechanisms, and help maintain competitive markets. The report assesses the existing dispute resolution models used across Europe, and makes recommendations:
to improve transparency and timeliness of dispute resolution to increase awareness of the alternative mechanisms available for both consumers and traders to consolidate the range of existing initiatives across Europe to improve the scope, quality, and reliability of ADR, particularly for cross-border and online transactions
This paper analyses the different senses in which the legislature’s relationship to the constitut... more This paper analyses the different senses in which the legislature’s relationship to the constitution can be understood. While broader recognition of the role that legislatures can play in relation to constitutions is valuable, there are other matters of concern relating to the realities of legislatures, in relation to representation, accountability, and deliberation, which merit greater consideration in constitutional literature.
This paper advances a conception of quasi-constitutionalism, consisting of far-reaching but legal... more This paper advances a conception of quasi-constitutionalism, consisting of far-reaching but legally unenforceable constraints and limits on the power of political majorities in areas such as economic policy, foreign relations, and social policy.
The paper argues that European Union accession has strengthened quasi-constitutional constraints on the political process in Bulgaria.
This paper assesses the regulatory response to the savings and loans crisis of the 1980s to highl... more This paper assesses the regulatory response to the savings and loans crisis of the 1980s to highlight the responsibility of various agents - goverment, regulators, financial institutions, lawyers, and the general public.
Lance Cassak shows the difficulty of implementing strong regulatory measures in boom times and the inherently cyclical nature of such crises, but also identifies lessons for the future that need to be put in place to avert future such crises.
As the judge-led inquiry into the failure of the current system of media regulation is unveiled, ... more As the judge-led inquiry into the failure of the current system of media regulation is unveiled, Dr Christopher Decker assesses the increasing media and public interest in regulatory actions and decision-making in this policy brief.
He advances the theory of 'confirmation bias' to explain recent systematic defective regulatory decision-making and actions, and argues that the purposes, organization, and supervision of regulators determine whether the accountability and liability frameworks are fit for purpose.
Dr Sweta Chakraborty reviews the current debate over health & safety regulation, representing the... more Dr Sweta Chakraborty reviews the current debate over health & safety regulation, representing the views of academics, regulators, government, and lawyers, including the British Safety Council and the Health and Safety Executive.
The policy brief recommends a more lenient approach to regulation based on risk management rather than hazard classifications.
It reinforces recommendations made in the Löfstedt Report, which have been adopted in the Government Response and reflected in David Cameron's pledge to "tackle the health and safety monster".
In this policy brief examining the ongoing trial of the Italian Prime Minister Silvio Berlusconi,... more In this policy brief examining the ongoing trial of the Italian Prime Minister Silvio Berlusconi, Political Scientist Carlo Guarnieri argues that the current proceedings are part of a trend that has been occurring in Italy since the early 1990s, when the so-called ‘Clean Hands’ investigations had the effect of dismantling the traditional governing parties.
The policy brief assesses the effect of the number of criminal prosecutions involving politicians in Italy, which has fuelled a state of permanent conflict between courts and politics and has entangled courts in political controversies, putting in question their impartiality, a fact clearly encouraged by Berlusconi and his supporters.
In conclusion, the policy brief assesses the Italian situation in the context of increasing judicial and prosectorial independence across Europe, and suggests lessons to be drawn in terms of the need for political accountability and judicial impartiality.
This programme examines the regulatory system in the wake of the global financial crisis, assessi... more This programme examines the regulatory system in the wake of the global financial crisis, assessing its current weaknesses, the role of legislative and judicial bodies, and identifying measures for future reform of both markets and regulatory regimes. It aims to shed light on the recent failures of regulators, often captive of the very industries they are meant to regulate, and examine ways to improve the accountability and effectiveness of the regulatory system. This policy brief was prepared with support from the Financial Market Policies Foundation (www.fmpf.org). A fulllength academic version of the paper is also available on request. The paper benefited greatly from observations and suggestions at a workshop organized by the Foundation for Law, Justice and Society, as well as bilateral comments on an earlier draft. The author would like to thank particularly, without implication, Professors Robert
This report examines the influence of the media on the judiciary and politics, and features insig... more This report examines the influence of the media on the judiciary and politics, and features insights from Lance Price, former Government Director of Communications, on the unhealthy relationship between politics and the media exposed by the phone hacking scandal.
Other issues addressed include media ownership and control, and comparative studies from the US and Italy.
As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting... more As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting riots, former High Court Judge Sir Mark Potter assesses to what degree the media influence the judiciary. In the policy brief, he finds that judges generally remain impervious to outside influence, but that sentencing policy is sometimes influenced by public opinion.
This policy brief charts the slow boadening of access to environmental justice in England and Wal... more This policy brief charts the slow boadening of access to environmental justice in England and Wales over the past few decades, and examines current and future prospects with reference to the Aarhus Convention and the implications of potential reforms to the 'loser pays' fees system for legal action taken by environmental NGOs and civil society organizations.
This policy brief assesses the adoption of US models of judicial activism in post-Communist count... more This policy brief assesses the adoption of US models of judicial activism in post-Communist countries of central and Eastern Europe, and proposes an alternative model in the form of co-equality as a more effective way to reconcile popular sovereignty with individual liberty.
An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg... more An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg, Lord Justice Jacob and others examine the growing trend towards the ‘judicialization of politics’, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights. The debate ranges over the new Supreme Court in the UK, and recent controversial decisions over prisoners' voting rights and control orders for terror suspects.
This working paper explores the interplay of socioeconomic, institutional, and cultural factors t... more This working paper explores the interplay of socioeconomic, institutional, and cultural factors that affect disputing behaviour in Russia and China. It compares their cultural attitudes towards conflicts, explores the differences in their contemporary institutional arrangements for responding to grievances, and analyses the role of the judiciary in relation to Russia’s ‘managed democracy’ and Chinese authoritarianism.
This investigative comparison of the post-communist transitions of Russia and China attempts to a... more This investigative comparison of the post-communist transitions of Russia and China attempts to assess why China’s growth has outstripped that of Russia, and whether Russia’s stunted economic development may offer signs for the future growth of China.
This report summarizes the three-year programme investigating the social contract and the modern ... more This report summarizes the three-year programme investigating the social contract and the modern welfare state. It provides an overview of social contract theory and a history of its evolution over the last century, as it is used to inform welfare policy by governments in various parts of the world, including Scandinavia, Latin America, the UK and the United States.
The report asssess how the social contract impacts on institutions such as the famliy, education, health, and civil society, before addressing specific recent challenges such as globalization, economic austerity measures, and the effect of an ageing population on pension provision.
By examining the tax system and analysing possible alternatives such as a spending tax or basic income, the report addresses the challenges faced by policymakers to create a fair, affordable welfare system, and lays out a framework through which social contract theory can help us to reach a better understanding of an equitable welfare state.
Drawing together academic and practitioner contributors from Africa and beyond, this collection h... more Drawing together academic and practitioner contributors from Africa and beyond, this collection highlights the challenges that international justice has faced in addressing atrocities in Africa.
Assembling nearly two years of critical debates convened by Oxford Transitional Justice Research, the collection of nearly 60 essays explores the work of the ICC and other judicial processes at a crucial stage in the development of international justice in Africa.
The June 2010 review conference of the International Criminal Court (ICC) in Kampala provides an opportunity to identify the successes and shortcomings of these processes and to lay the foundation for more effective approaches in the future.
The debates in this volume highlight that there is major disagreement over the performance and legacies of international justice institutions in Africa. The purpose of this collection is to deepen discussions of these issues and to provoke new questions about the past and future directions of international justice in Africa.
This policy brief, written by Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford Univ... more This policy brief, written by Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford University, is published as costs and funding are assuming far greater importance as keys to evaluating and providing access to justice.
The findings were drawn upon by Lord Justice Jackson in his influential Costs Review which recommended moving to American style contingency fees, a recommendation that is widely expected to be implemented by the UK coalition government.
The policy brief addresses the problem of maintaining fair and equal access to justice for all, whilst controlling cost and delay, a problem of particular relevance as governments across Europe are set to impose significant cuts in public expenditure as a consequence of the current economic climate.
Using data supplied by leading practitioners across the thirty-five jurisdictions, the study looks at nine case studies of categories of claim, and conducts a comparative analysis of the range of approaches taken to administering them, before setting out possible alternative approaches.
This policy brief addresses alternative dispute resolution mechanisms in Europe to propose an int... more This policy brief addresses alternative dispute resolution mechanisms in Europe to propose an integrated, holistic approach to encompass the range of mechanisms for resolving disputes, including ombudsmen, compensation schemes, business codes of conduct, complaint boards, and other pathways.
In response to the increase in collective redress, a European alternative to US-style class actions is presented by way of a model for the alignment of the various existing systems to promote good practice.
The best ADR mechanisms do not just lead to resolution of disputes but also deliver information, incentives, and pressure to maintain and improve performance standards. Hence, dispute resolution systems should be designed to play their part within wider regulatory structures, providing lessons that can be used to influence future behaviour.
This report summarizes the findings of an Oxford research project and an international conference... more This report summarizes the findings of an Oxford research project and an international conference which assessed alternative methods for settling consumer disputes that do not involve the courts.
The report was published on the day the European Commission announced draft legislation on consumer ADR, and comes in response to the finding that many governments are interested in ADR as an alternative to courts to improve access to justice, overcome problems of costs and funding for court mechanisms, and help maintain competitive markets. The report assesses the existing dispute resolution models used across Europe, and makes recommendations:
to improve transparency and timeliness of dispute resolution to increase awareness of the alternative mechanisms available for both consumers and traders to consolidate the range of existing initiatives across Europe to improve the scope, quality, and reliability of ADR, particularly for cross-border and online transactions
This paper analyses the different senses in which the legislature’s relationship to the constitut... more This paper analyses the different senses in which the legislature’s relationship to the constitution can be understood. While broader recognition of the role that legislatures can play in relation to constitutions is valuable, there are other matters of concern relating to the realities of legislatures, in relation to representation, accountability, and deliberation, which merit greater consideration in constitutional literature.
This paper advances a conception of quasi-constitutionalism, consisting of far-reaching but legal... more This paper advances a conception of quasi-constitutionalism, consisting of far-reaching but legally unenforceable constraints and limits on the power of political majorities in areas such as economic policy, foreign relations, and social policy.
The paper argues that European Union accession has strengthened quasi-constitutional constraints on the political process in Bulgaria.
This paper assesses the regulatory response to the savings and loans crisis of the 1980s to highl... more This paper assesses the regulatory response to the savings and loans crisis of the 1980s to highlight the responsibility of various agents - goverment, regulators, financial institutions, lawyers, and the general public.
Lance Cassak shows the difficulty of implementing strong regulatory measures in boom times and the inherently cyclical nature of such crises, but also identifies lessons for the future that need to be put in place to avert future such crises.
As the judge-led inquiry into the failure of the current system of media regulation is unveiled, ... more As the judge-led inquiry into the failure of the current system of media regulation is unveiled, Dr Christopher Decker assesses the increasing media and public interest in regulatory actions and decision-making in this policy brief.
He advances the theory of 'confirmation bias' to explain recent systematic defective regulatory decision-making and actions, and argues that the purposes, organization, and supervision of regulators determine whether the accountability and liability frameworks are fit for purpose.
Dr Sweta Chakraborty reviews the current debate over health & safety regulation, representing the... more Dr Sweta Chakraborty reviews the current debate over health & safety regulation, representing the views of academics, regulators, government, and lawyers, including the British Safety Council and the Health and Safety Executive.
The policy brief recommends a more lenient approach to regulation based on risk management rather than hazard classifications.
It reinforces recommendations made in the Löfstedt Report, which have been adopted in the Government Response and reflected in David Cameron's pledge to "tackle the health and safety monster".
In this policy brief examining the ongoing trial of the Italian Prime Minister Silvio Berlusconi,... more In this policy brief examining the ongoing trial of the Italian Prime Minister Silvio Berlusconi, Political Scientist Carlo Guarnieri argues that the current proceedings are part of a trend that has been occurring in Italy since the early 1990s, when the so-called ‘Clean Hands’ investigations had the effect of dismantling the traditional governing parties.
The policy brief assesses the effect of the number of criminal prosecutions involving politicians in Italy, which has fuelled a state of permanent conflict between courts and politics and has entangled courts in political controversies, putting in question their impartiality, a fact clearly encouraged by Berlusconi and his supporters.
In conclusion, the policy brief assesses the Italian situation in the context of increasing judicial and prosectorial independence across Europe, and suggests lessons to be drawn in terms of the need for political accountability and judicial impartiality.
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Other issues addressed include media ownership and control, and comparative studies from the US and Italy.
The report asssess how the social contract impacts on institutions such as the famliy, education, health, and civil society, before addressing specific recent challenges such as globalization, economic austerity measures, and the effect of an ageing population on pension provision.
By examining the tax system and analysing possible alternatives such as a spending tax or basic income, the report addresses the challenges faced by policymakers to create a fair, affordable welfare system, and lays out a framework through which social contract theory can help us to reach a better understanding of an equitable welfare state.
Assembling nearly two years of critical debates convened by Oxford Transitional Justice Research, the collection of nearly 60 essays explores the work of the ICC and other judicial processes at a crucial stage in the development of international justice in Africa.
The June 2010 review conference of the International Criminal Court (ICC) in Kampala provides an opportunity to identify the successes and shortcomings of these processes and to lay the foundation for more effective approaches in the future.
The debates in this volume highlight that there is major disagreement over the performance and legacies of international justice institutions in Africa. The purpose of this collection is to deepen discussions of these issues and to provoke new questions about the past and future directions of international justice in Africa.
The findings were drawn upon by Lord Justice Jackson in his influential Costs Review which recommended moving to American style contingency fees, a recommendation that is widely expected to be implemented by the UK coalition government.
The policy brief addresses the problem of maintaining fair and equal access to justice for all, whilst controlling cost and delay, a problem of particular relevance as governments across Europe are set to impose significant cuts in public expenditure as a consequence of the current economic climate.
Using data supplied by leading practitioners across the thirty-five jurisdictions, the study looks at nine case studies of categories of claim, and conducts a comparative analysis of the range of approaches taken to administering them, before setting out possible alternative approaches.
In response to the increase in collective redress, a European alternative to US-style class actions is presented by way of a model for the alignment of the various existing systems to promote good practice.
The best ADR mechanisms do not just lead to resolution of disputes but also deliver information, incentives, and pressure to maintain and improve performance standards. Hence, dispute resolution systems should be designed to play their part within wider regulatory structures, providing lessons that can be used to influence future behaviour.
The report was published on the day the European Commission announced draft legislation on consumer ADR, and comes in response to the finding that many governments are interested in ADR as an alternative to courts to improve access to justice, overcome problems of costs and funding for court mechanisms, and help maintain competitive markets.
The report assesses the existing dispute resolution models used across Europe, and makes recommendations:
to improve transparency and timeliness of dispute resolution
to increase awareness of the alternative mechanisms available for both consumers and traders
to consolidate the range of existing initiatives across Europe
to improve the scope, quality, and reliability of ADR, particularly for cross-border and online transactions
The paper argues that European Union accession has strengthened quasi-constitutional constraints on the political process in Bulgaria.
Lance Cassak shows the difficulty of implementing strong regulatory measures in boom times and the inherently cyclical nature of such crises, but also identifies lessons for the future that need to be put in place to avert future such crises.
He advances the theory of 'confirmation bias' to explain recent systematic defective regulatory decision-making and actions, and argues that the purposes, organization, and supervision of regulators determine whether the accountability and liability frameworks are fit for purpose.
The policy brief recommends a more lenient approach to regulation based on risk management rather than hazard classifications.
It reinforces recommendations made in the Löfstedt Report, which have been adopted in the Government Response and reflected in David Cameron's pledge to "tackle the health and safety monster".
The policy brief assesses the effect of the number of criminal prosecutions involving politicians in Italy, which has fuelled a state of permanent conflict between courts and politics and has entangled courts in political controversies, putting in question their impartiality, a fact clearly encouraged by Berlusconi and his supporters.
In conclusion, the policy brief assesses the Italian situation in the context of increasing judicial and prosectorial independence across Europe, and suggests lessons to be drawn in terms of the need for political accountability and judicial impartiality.
Other issues addressed include media ownership and control, and comparative studies from the US and Italy.
The report asssess how the social contract impacts on institutions such as the famliy, education, health, and civil society, before addressing specific recent challenges such as globalization, economic austerity measures, and the effect of an ageing population on pension provision.
By examining the tax system and analysing possible alternatives such as a spending tax or basic income, the report addresses the challenges faced by policymakers to create a fair, affordable welfare system, and lays out a framework through which social contract theory can help us to reach a better understanding of an equitable welfare state.
Assembling nearly two years of critical debates convened by Oxford Transitional Justice Research, the collection of nearly 60 essays explores the work of the ICC and other judicial processes at a crucial stage in the development of international justice in Africa.
The June 2010 review conference of the International Criminal Court (ICC) in Kampala provides an opportunity to identify the successes and shortcomings of these processes and to lay the foundation for more effective approaches in the future.
The debates in this volume highlight that there is major disagreement over the performance and legacies of international justice institutions in Africa. The purpose of this collection is to deepen discussions of these issues and to provoke new questions about the past and future directions of international justice in Africa.
The findings were drawn upon by Lord Justice Jackson in his influential Costs Review which recommended moving to American style contingency fees, a recommendation that is widely expected to be implemented by the UK coalition government.
The policy brief addresses the problem of maintaining fair and equal access to justice for all, whilst controlling cost and delay, a problem of particular relevance as governments across Europe are set to impose significant cuts in public expenditure as a consequence of the current economic climate.
Using data supplied by leading practitioners across the thirty-five jurisdictions, the study looks at nine case studies of categories of claim, and conducts a comparative analysis of the range of approaches taken to administering them, before setting out possible alternative approaches.
In response to the increase in collective redress, a European alternative to US-style class actions is presented by way of a model for the alignment of the various existing systems to promote good practice.
The best ADR mechanisms do not just lead to resolution of disputes but also deliver information, incentives, and pressure to maintain and improve performance standards. Hence, dispute resolution systems should be designed to play their part within wider regulatory structures, providing lessons that can be used to influence future behaviour.
The report was published on the day the European Commission announced draft legislation on consumer ADR, and comes in response to the finding that many governments are interested in ADR as an alternative to courts to improve access to justice, overcome problems of costs and funding for court mechanisms, and help maintain competitive markets.
The report assesses the existing dispute resolution models used across Europe, and makes recommendations:
to improve transparency and timeliness of dispute resolution
to increase awareness of the alternative mechanisms available for both consumers and traders
to consolidate the range of existing initiatives across Europe
to improve the scope, quality, and reliability of ADR, particularly for cross-border and online transactions
The paper argues that European Union accession has strengthened quasi-constitutional constraints on the political process in Bulgaria.
Lance Cassak shows the difficulty of implementing strong regulatory measures in boom times and the inherently cyclical nature of such crises, but also identifies lessons for the future that need to be put in place to avert future such crises.
He advances the theory of 'confirmation bias' to explain recent systematic defective regulatory decision-making and actions, and argues that the purposes, organization, and supervision of regulators determine whether the accountability and liability frameworks are fit for purpose.
The policy brief recommends a more lenient approach to regulation based on risk management rather than hazard classifications.
It reinforces recommendations made in the Löfstedt Report, which have been adopted in the Government Response and reflected in David Cameron's pledge to "tackle the health and safety monster".
The policy brief assesses the effect of the number of criminal prosecutions involving politicians in Italy, which has fuelled a state of permanent conflict between courts and politics and has entangled courts in political controversies, putting in question their impartiality, a fact clearly encouraged by Berlusconi and his supporters.
In conclusion, the policy brief assesses the Italian situation in the context of increasing judicial and prosectorial independence across Europe, and suggests lessons to be drawn in terms of the need for political accountability and judicial impartiality.