scholarly journals The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution

2021 ◽  
pp. 213-233
Author(s):  
Clement Salung Petersen
Keyword(s):  
Public Policy ◽  
Dispute Resolution ◽  
Nordic Countries ◽  
Civil Litigation ◽  
Public Values ◽  
The Public ◽  
National Courts ◽  
Private Actors ◽  
Civil Dispute

AbstractThis chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an’active role’ vis-à-vis the parties but that the legal contours of this role remain unclear and controversial. Secondly, it shows how current and proposed statutory frameworks governing arbitration and mediation give national courts an important role in safeguarding public values and interests which raises important questions in law concerning the role of courts as gatekeepers of access to court and state enforcement for private actors. The chapter concludes with a discussion of the need for developing a clearer and more coherent approach to defining this public policy-implementing role of courts across all three types of civil dispute resolution. It is argued that such a coherent approach is needed and that it will be valuable to analyse the public policy-implementing role of courts in a Nordic context, since the Nordic countries generally share many of these relevant public values and interests.

scholarly journals A Content Analysis of Public Policy Design and Implementation in Slovenia: Weighing Strategic and Normative Factors

2021 ◽  
pp. 70-88
Author(s):  
Žiga KOTNIK ◽  
Dalibor STANIMIROVIĆ
Keyword(s):  
Public Policy ◽  
Content Analysis ◽  
Policy Design ◽  
Policy Cycle ◽  
Structured Interviews ◽  
The Public ◽  
Design And Implementation ◽  
Strategic Factors ◽  
Normative Factors

"Policy processes are complex systems and require an in-depth and comprehensive analysis. Especially, factors that affect public policy design and implementation, as two important stages of the public policy cycle, have not been sufficiently explored. The aim of the paper is to analyze the relationship between two critical factors that influence the design and implementation of public policies in the case of Slovenia, namely strategic factors and normative factors, and offer a basis for comparison with similar countries. Based on twenty-two structured interviews with prominent public policy experts in Slovenia and content analysis of the responses, the findings reveal that, although strategic factors are identified by the interviewees as the most critical, the role of normative factors is also important and should not be underestimated. For various reasons, in practice, normative factors often turn out to be crucial."

Il potere e il problema della qualitŕ. Considerazioni della prospettiva della sociologia economica

2009 ◽  
pp. 143-170
Author(s):  
Luigi Doria
Keyword(s):  
Public Policy ◽  
Market Competition ◽  
Public And Private ◽  
Management Quality ◽  
Quality Certification ◽  
Policy Fields ◽  
Contemporary Development ◽  
Private Actors ◽  
Sociological Studies

- Quality is one of the most relevant and, at the same time, ambiguous key-word of the contemporary socio-economic lexicon. The reference to quality discourses and technologies (such as those related to quality management, quality assurance, quality certification) ranges from market competition to organizational and managerial dynamics, from policy making to the new forms of governance. But, if quality constitutes itself as an eminent value for contemporary development, the treatment of the most diverse social domains (including, for example, administration, research, culture) in terms of quality is often assumed as the emblem of a disquieting trend towards control and rationalization. This contribution deals first with the analysis of the multiple meanings of the notion, paying particular attention to sociological studies and to the relationship between quality and the dimension of calculation. The attention focuses then on the role of the concept in the field of public policy and governance and, in particular, on quality as a sort of connecting device, which promotes processes of integration among different policy fields and networking phenomena involving public and private actors. The articles briefly hints, in the last part, at the root of the peculiar normativity of quality and at the enigmatic character of its current power.Keywords: Quality, networking, economic sociology, public policy.

Gambling control regimes

2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Consumer Protection ◽  
Public Interest ◽  
Government Regulation ◽  
Public And Private ◽  
Control Structures ◽  
The Public ◽  
Gambling Regulation ◽  
Pros And Cons ◽  
Private Actors

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.

The role of the Market in Career Counselling Delivery

1997 ◽  
Vol 6 (3) ◽  
pp. 29-34 ◽  
Author(s):  
Anthony G. Watts ◽  
Tony Watts
Keyword(s):  
Public Policy ◽  
Career Guidance ◽  
Career Counselling ◽  
New Right ◽  
Market Maker ◽  
Guidance Services ◽  
The Public ◽  
The Uk ◽  
And Training

This article explores the roles of public policy in career guidance delivery. Traditionally, most career guidance services have been structured towards the provision of social welfare to the public sector. The New Right critique of this has led to attempts to apply market principles to guidance delivery. This can take the form of a market or quasi-market in guidance. However, guidance can also be viewed as a market-maker: a means of making the labour market and education and training markets work more effectively. Some experiments in applying these principles in the UK and elsewhere are analysed.

scholarly journals Priority Setting as A Double-Edged Sword: How Modernization Strengthened the Role of Public Policy

2020 ◽  
Vol 16 (4) ◽  
pp. 435-487
Author(s):  
Or Brook
Keyword(s):  
Public Policy ◽  
Priority Setting ◽  
Competition Law ◽  
Common View ◽  
The Public ◽  
Eu Competition Law ◽  
National Competition ◽  
Policy Objectives ◽  
Detrimental Impact

Abstract This article questions the common view that the modernization of EU competition law has removed public policy considerations from the public enforcement of Article 101 TFEU. Based on a large quantitative and qualitative database including all of the Commission’s and five national competition authorities’ enforcement actions (N ≈ 1,700), it maintains that modernization has merely shifted the consideration of public policy from the substantive scope of Article 101(3) TFEU to procedural priority setting decisions. Instead of engaging in a complex balancing of competition and public policy considerations, the competition authorities have simply refrained from pursuing cases against anticompetitive agreements that raise public policy questions or settled those cases by accepting negotiated remedies. This outcome, the article claims, is a double-edged sword. The Commission’s attempt to narrow down the scope of Article 101(3) as part of modernization has not eliminated the role of public policy in the enforcement. Rather, undertakings can reasonably assume that restrictions of competition that produce some public policy objectives will not be enforced, even if they do not meet the conditions for an exception. These discretionary nonenforcement decisions have a detrimental impact on the effectiveness, uniformity, and legal certainty of EU competition law enforcement. JEL: K21, K230

scholarly journals Masculinities and Animal Harm

2020 ◽  
Vol 23 (5) ◽  
pp. 908-926
Author(s):  
Angus Nurse
Keyword(s):  
Public Policy ◽  
Organized Crime ◽  
Policy Response ◽  
Animal Abuse ◽  
Cultural Significance ◽  
Negative Attitudes ◽  
The Public ◽  
Offending Behavior

This paper explores the role of masculinities in animal harm and conceptions on the Masculinities Offender, primarily motivated by power and masculine behaviors. Within “masculinities crimes,” the exercise of power allied to sport or entertainment is significantly linked to organized crime and gambling. Masculinities crimes also include elements of cruelty or animal abuse and perceptions by offenders of their actions having cultural significance, and where toughness, masculinity, and smartness combine with a love of excitement. Examples include badger digging, badger baiting, cock-fighting, and other crimes involving the “sporting” killing or taking of wildlife.  This article explores masculinities offender rationalizations and associated masculinity-based negative attitudes towards animals and animal harm. The public policy response to masculinities crimes reflects acceptance of the violent nature of offenders. Yet arguably enforcement and punishment through use of surveillance activities and undercover operations, and reliance on prison as the primary deterrent/sanction risks being counter-productive and reinforcing the very masculinities that underlie offending behavior.

scholarly journals Bribery and International Commercial Arbitration – the Role of Mandatory Rules and Public Policy

2012 ◽  
Vol 43 (4) ◽  
pp. 661 ◽  
Author(s):  
Vladimir Pavić
Keyword(s):  
Public Policy ◽  
Civil Law ◽  
The Body ◽  
Criminal Behaviour ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Public ◽  
Additional Problem ◽  
Mandatory Rules

Although designed to resolve private disputes, usually commercial in nature, arbitration may nevertheless encounter during its course allegations of impropriety and criminal behaviour. In the context of international commercial arbitration, the most common of those are allegations of bribery. However, tribunals may adjudicate only matters of private law and, should they establish existence of bribery, may draw only civil law consequences thereof. An additional problem in this respect is determining the body of rules that will be applicable in defining the very notion of bribery, since some aspects of bribery are almost universally prohibited, while the others are banned only in certain jurisdictions. In determining the law applicable to the matters of bribery, tribunals then face choice-of-law dilemmas. Each of the public policy techniques (overriding mandatory provisions, international and/or transnational) has its strengths and weaknesses. 

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