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The Comparative Analysis of Party Funding Regimes

Michael Koß

in The Politics of Party Funding: State Funding to Political Parties and Party Competition in Western Europe

This chapter defines important concepts such as ‘party funding regime’ and ‘private’, ‘public’, and ‘illegal’ sources of income of political parties. The differentiation of significant/insignificant ... More

This chapter defines important concepts such as ‘party funding regime’ and ‘private’, ‘public’, and ‘illegal’ sources of income of political parties. The differentiation of significant/insignificant and of public/private sources of income leads to four different cases being relevant for an examination of the politics of party funding: Germany is selected as a case where both public and private contributions play a significant role for the funding of political parties. Sweden is selected as a case where only public funding plays a significant role, whereas in Britain parties rely almost exclusively on private contributions. France is selected as a case where, at least up to 1988, neither public nor private, but illegal contributions (i.e. political corruption) were the only significant source of parties' income. The chapter concludes by analysing the conceptual problems that arise from the attempt to link highly complex phenomena such as party or party system change to developments in party funding regimes. Party funding regimes, it is argued, are a dependent rather than an independent variable.Less

Introduction

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

This chapter introduces the topic of the study. The terms of the study are defined; the choice of jurisdictions is presented; and the comparative methodology is explained. The use of the term ... More

This chapter introduces the topic of the study. The terms of the study are defined; the choice of jurisdictions is presented; and the comparative methodology is explained. The use of the term ‘delegation’ is used to suggest no more than a transfer of authority, whereby the exercise of power is conveyed from a governmental actor to a private entity in such a way as to confer on the private delegate a degree of legitimacy of action. The understanding of ‘governmental power’ extends beyond powers that are physically coercive, to powers of furthering economic and social development, managing the economy, and providing for the welfare of citizens. ‘Private parties’ are defined as those who act with self-interest. The challenges of adopting a comparative methodology are explored, and it is explained that the method adopted in the book is functional, focusing on a ‘specific topical comparison’.Less

Conclusion

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

This chapter identifies a number of crucially important observations that have emerged from this comparative analysis — observations which, it is argued, provide useful guidance on how a legal system ... More

This chapter identifies a number of crucially important observations that have emerged from this comparative analysis — observations which, it is argued, provide useful guidance on how a legal system should respond to delegation of governmental power to private parties. The first part undertakes an assessment of how each individual legal system responds to the challenge of private delegation and a consideration of why it is that each jurisdiction has responded accordingly. The second part explores the relationship between the different legal control mechanisms, and considers how different legal mechanisms interact to respond to the challenges of private delegation. Finally, the importance of the ECJ's Meroni reasoning is stressed. It is advocated that public law obligations be extended to private delegates; and the judiciary is urged to reconsider its attitude to private delegates, particularly those operating pursuant to government contracts.Less

Persons bound

Jukka Snell

in Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

This chapter examines who is bound by the provisions on the free movement of goods and services. It is clear that Member States are prohibited from adopting measures restricting trade in goods or ... More

This chapter examines who is bound by the provisions on the free movement of goods and services. It is clear that Member States are prohibited from adopting measures restricting trade in goods or services. The analysis demonstrates that the scope of application of Articles 28 and 49 EC to the actions of private parties is not the same. The provisions on the free movement of goods only apply to Member State measures while at least some restrictions created by private parties are caught by Article 49. The analysis also shows the inadequacy of the vertical/horizontal direct effect dichotomy in interpreting EC Treaty provisions. Meanwhile, the last section examines the binding nature of the free movement of goods and services and the restrictions imposed by the Community.Less

Private Challenges

Jan Paulsson

in The Idea of Arbitration

This chapter considers what happens when private parties challenge the arbitral process. The chapter is organized as follows. Section 3.1 provides a full examination of the fundamental, ... More

This chapter considers what happens when private parties challenge the arbitral process. The chapter is organized as follows. Section 3.1 provides a full examination of the fundamental, ever-recurring question: when is a controversy about the arbitrator's authority to be decided — and by whom? Section 3.2 explains why an arbitral tribunal's decision about the admissibility of a claim does not concern the tribunal's jurisdiction and is therefore final; it also explores how to determine when the line is crossed from admissibility to jurisdiction. The last two sections deal with post-award challenges. Section 3.3 explores the right to be heard. Finally, Section 3.4 considers if substantive error (whether a finding of fact or a conclusion of law) is ever a ground for invalidating an award.Less

European Fundamental Rights, Private Law, and Judicial Governance

Aurelia Colombi Ciacchi

in Constitutionalization of European Private Law: XXII/2

This chapter explores how and for which societal governance purposes fundamental rights are applied by national and European courts in cases concerning litigations between private parties. After ... More

This chapter explores how and for which societal governance purposes fundamental rights are applied by national and European courts in cases concerning litigations between private parties. After having analysed how the horizontal effect of national and EU fundamental rights works and which policy goals it serves, this chapter attempts to answer the question whether this use of fundamental rights is legitimate and desirable. This question is looked at from the background of a normative-individualistic understanding of fundamental rights. The analytical part of this chapter includes the proposition of a new doctrine: the double indirect horizontal effect of fundamental rights. This could help the Court of Justice develop its jurisprudence towards a better consideration of the non-economic human interests protected by EU fundamental rights. This chapter comes to the conclusion that, in applying fundamental rights horizontally, both the Court of Justice and the national courts seem to regularly give preference to certain societal policies over others. However, this does not mean that fundamental rights are instrumentalized. On the contrary, in the analysed cases, the pursuit of societal policies goes hand in hand with the strengthening of the basic interests of all individuals directly concerned. This confirms the normative-individualistic paradigm.Less

Preliminary References as a Means for Enforcing EU Law

Morten Broberg

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

This chapter examines to what extent and how the preliminary reference procedure provided in Article 267 TFEU can be used as a means for private parties to enforce EU law against the Member States. ... More

This chapter examines to what extent and how the preliminary reference procedure provided in Article 267 TFEU can be used as a means for private parties to enforce EU law against the Member States. The procedure enables national courts to apply to the Court of Justice to obtain a ruling on the interpretation or validity of an EU legal act. It has in fact become a highly important means for private parties’ enforcement of EU law. Today, the preliminary reference procedure has attained such importance as an enforcement measure that the prospect of a reference to the Court of Justice can of itself induce a Member State party to proceedings before a national court to settle the dispute. Indeed, the preliminary reference procedure is sometimes referred to as ‘indirect enforcement’.Less

Judicial Protection for Private Parties in European Commission Rulemaking

Maria Bergström

in Rulemaking by the European Commission: The New System for Delegation of Powers

This chapter examines the preconditions for private parties to bring direct actions before the Court of Justice of the EU and argues that enhanced opportunities would increase the democratic ... More

This chapter examines the preconditions for private parties to bring direct actions before the Court of Justice of the EU and argues that enhanced opportunities would increase the democratic legitimacy of non-majoritarian institutions such as European Commission. But even if the Lisbon Treaty introduced some relaxed rules for standing for standing these have not been interpreted generously. The remaining questions concern the coherence of the terminology used in Articles 290 and 291 TFEU on the one hand and in Article 263 TFEU on the other. A narrow interpretation of regulatory acts, direct concern, and implementing measures might clash with demands put on the EU legal order by the ECHR and the EU Charter. A wide interpretation would not only increase democratic legitimacy control of European Commission and strengthen judicial protection but it would also meet the demands of the ECHR and the EU Charter.Less

Inside-Out Enforcement

Lisa Kern Griffin

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

This chapter examines the role of private parties in criminal law enforcement of corporations,with particular emphasis on the compliance industry and corporate monitors. More specifically, it ... More

This chapter examines the role of private parties in criminal law enforcement of corporations,with particular emphasis on the compliance industry and corporate monitors. More specifically, it considers the nature of the collaboration between public enforcers and private parties that stems from current corporate enforcement strategies, along with the costs and benefits of those partnerships. It also explores the changing conceptions of public and private interests developing out of the 2008 economic crisis and the bailout of financial institutions. Finally, it discusses the impact of public/private partnerships on corporate crime deterrence and whether deferred prosecution agreements have achieved the advantages of industry-wide corporate regulation or succeeded in inculcating broad norms of compliance.Less

Dignity and Participation

Giacinto della Cananea

in Due Process of Law Beyond the State: Requirements of Administrative Procedure

This chapter focuses on non-instrumental rationales for due process requirements. First, it examines the legal interactions between private parties and public authorities in a transnational context. ... More

This chapter focuses on non-instrumental rationales for due process requirements. First, it examines the legal interactions between private parties and public authorities in a transnational context. This sheds light on the various ways in which the requirements of procedural due process of law are influenced by the ideal of dignity. Second, in contrast to the widespread tendency to define all such legal interactions, generically, as ‘participation’, the chapter presents a picture based on a distinction between these three kinds of relationships: the defence of the individual; cooperation between private parties and public authorities; and participation in a narrower sense. The crucial normative question here is whether not only individuals but also groups should be involved in administrative procedures, while the crucial empirical question is whether they are involved and, if so, how.Less

Economic Issues: Government Litigation

in Specializing the Courts

This chapter explores the federal courts that address disputes between government and private parties. It is organized in terms of three major roles of government on economic matters: Obtaining ... More

This chapter explores the federal courts that address disputes between government and private parties. It is organized in terms of three major roles of government on economic matters: Obtaining revenue, expending money, and regulating the economy. The overlap in jurisdiction between the claims courts and the district courts offers the same opportunity for comparative analysis that the tax field allows. The histories of Courts of Appeals emphasize the multiplicity of interests that shape decisions about judicial specialization. Congress created two courts for customs cases primarily as a means to protect the government's primary revenue source. Judges on specialized courts have an interest in maintaining their court and improving its power and status.Less