Brook, O. orcid.org/0000-0001-7636-3615 and Cseres, K.J. (2024) Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe. Modern Law Review, 87 (5). pp. 1209-1257. ISSN 0026-7961
Abstract
Priority setting by independent regulatory agencies (IRAs) is an invisible, yet essential component of regulatory law enforcement. The selection of which cases to enforce and which to disregard is vital given IRAs’ finite resources, and due to the function of concretising open-ended administrative norms. Clear enforcement priorities allow IRAs to focus on matters of genuine economic, societal, and doctrinal importance, solve complex socio-economic problems and build credible, independent, and accountable authorities. However, as a blindspot of administrative discretion, to date neither a normative framework to assess IRAs’ priority setting rules and practices nor a shared terminology to evaluate its different features has developed. This article fills this gap by developing a novel typology and normative framework to guide IRAs’ priority setting, based on a historical, conceptual, and empirical study focusing on the case of independent competition authorities. It combines insights from top-down analysis of administrative and criminal law enforcement with bottom-up empirical research and engagement with IRAs using EU competition law enforcement as a case study.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2024 The Authors. This is an open access article under the terms of the Creative Commons Attribution License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Funding Information: | Funder Grant number ESRC (Economic and Social Research Council) ES/T501955/1 |
Depositing User: | Symplectic Publications |
Date Deposited: | 26 Apr 2024 13:38 |
Last Modified: | 07 Oct 2024 10:47 |
Status: | Published |
Publisher: | Wiley |
Identification Number: | 10.1111/1468-2230.12881 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:211903 |