Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law And Economics Perspective on Centros

2014 ◽  
Keyword(s):  
Law And Economics ◽  
Regulatory Competition ◽  
Competitive Federalism

Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law and Economics Perspective on Centros

1999 ◽  
Vol 2 ◽  
pp. 231-260 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Law And Economics ◽  
Capital Requirements ◽  
Company Law ◽  
Regulatory Competition ◽  
The European Union ◽  
Legal Rules ◽  
Minimum Capital ◽  
The Uk ◽  
The Right ◽  
Competitive Federalism

There is a growing debate about the desirability of allowing greater scope for regulatory competition inside the European Union. The argument for doing so is that competition between the Member States in the production of legal rules will lead to greater economic efficiency than can be achieved through the harmonisation of standards. The Court’s ruling in Centros appears to mark a significant move in the direction of inter-state competition in company law. In deciding that a company founded by Danish citizens in the UK, thereby avoiding Danish minimum capital requirements, could not be denied the right to register an overseas branch in Denmark for the purposes of trading there, the Court has rekindled a long-running debate about the siège réel doctrine.

Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law and Economics Perspective on Centros

1999 ◽  
Vol 2 ◽  
pp. 231-260 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Law And Economics ◽  
Capital Requirements ◽  
Company Law ◽  
Regulatory Competition ◽  
The European Union ◽  
Legal Rules ◽  
Minimum Capital ◽  
The Uk ◽  
The Right ◽  
Competitive Federalism

There is a growing debate about the desirability of allowing greater scope for regulatory competition inside the European Union. The argument for doing so is that competition between the Member States in the production of legal rules will lead to greater economic efficiency than can be achieved through the harmonisation of standards. The Court’s ruling inCentrosappears to mark a significant move in the direction of inter-state competition in company law. In deciding that a company founded by Danish citizens in the UK, thereby avoiding Danish minimum capital requirements, could not be denied the right to register an overseas branch in Denmark for the purposes of trading there, the Court has rekindled a long-running debate about thesiège réeldoctrine.

scholarly journals When Think Tanks Refuse Thinking: Why American Pro-Market Conservatives Oppose Market Integration

2021 ◽  
pp. 1-14
Author(s):  
Benedikt Springer
Keyword(s):  
Economic Theory ◽  
American Academy ◽  
Market Integration ◽  
Law And Economics ◽  
Think Tanks ◽  
Competitive Behavior ◽  
Central Authority ◽  
Conservative Politics ◽  
Federal Authority ◽  
Competitive Federalism

Abstract American pro-market conservatives often oppose use of federal authority to rein in anti-competitive behavior by market actors. Competitive barriers, whether created by local jurisdictions or the absence of national competitive rules, go unaddressed. In international comparison, especially considering the European Union's use of central authority for market openness, this is quite puzzling. Based on interviews and archival research, I trace inattention to market barriers to contradictions within Hayek's neoliberalism and an enthusiastic reception within the American academy of one possible interpretation of those writings. This conception of markets—competitive federalism—diffused into the conservative law and economics movements, think tanks, and eventually mainstream conservative politics. It permitted conservatism to align a strong pro-market rhetoric with demands for states’ rights and federal retrenchment, albeit side-stepping many significant issues in economic theory and policy. Thus, conservatives pursue spending and tax cuts, deregulation and decentralization, often to the detriment of market openness.

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

Sign in / Sign up

Export Citation Format

Share Document