bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rules and Principles Governing the Substance of Administrative Decision-Making
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter deals with the rules and principles governing the substance of administrative decision-making, focusing on the scope of the administration's influence over the substance of decisions. In many instances, the European administration has been allocated a discretion or a margin of appreciation linked to its perceived expertise, or to its political role in the decision-making process. In other instances the relevant law, the application of which is entrusted to the administrative authorities, is more restrictive and determinative of the decision-making outcome. It is shown that such categories are far from absolute, and the boundaries between them not impermeable. Indeed, the scope for appreciation and the exercise of a discretion by the administration is rather to be seen as being on a sliding scale. That scope is relevant not only as regards the range of policy considerations which the administration can pursue or take into account, and its freedom of movement in doing so, but also for the degree to which the European courts are willing to engage with the substance of administrative action when supervising these in the context of judicial review.
Agenda Setting, Preparatory Acts, Planning, and Framework Measures
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter addresses agenda setting and preparatory measures of specific acts as well as planning procedures. This subject matter covers an area of EU law which, in the light of the distribution of powers between the institutions, can be a prelude to both administrative measures of various kinds and legislative rule-making. In setting agenda and taking preparatory steps for other measures, whether its own or those of the legislative organs, the European Commission acts in its capacity as a political administration — indeed European executive — par excellence. The Commission's activity in this capacity is made very clear. The consideration given to the administrative determination of the course of future action and the agenda setting and the readying of future measures also raises important and interesting questions with regard to the distinction between binding and non-binding acts.
Subordinate Legislation
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter addresses rule-making by procedures outside the formal ‘ordinary legislative procedure’ (under Article 294 of the Treaty on the Functioning of the European Union, TFEU) and the various special legislative procedures defined in the TFEU. Such rule-making outside the ordinary or special legislative procedures can be conducted either by conferring upon the Commission the power to issue ‘delegated acts’, or by a delegation to the Commission, or exceptionally the Council, of the power to issue ‘implementing acts’. These forms of subordinate rulemaking share the characteristic that they require an explicit delegation of the competence to issue the act concerned. The conditions for such delegation, and by whom it can be conferred, and the limits to which it is subject, are treated within the chapter.
Decisions in Individual Cases
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter covers ‘unilateral’ determinations, not only those of European Union institutions and bodies, but also decisions by Member States when implementing European law through their administrative apparatuses. Such determinations comprise the full range of regulatory, distributive, supervisory, and enforcing decisions by administrative officials addressed both to individuals and to other public authorities on European or national level. Questions of their validity, revocation, and reversal, and the relationship between unilateral determinations and negotiated outcomes, in the form of agreements, are central to the legal understanding of the operation of the legal-administrative system of the Union. A particular matter of keen interest here is that of the transterritorial effect of Member State decisions within the framework of EU administrative law.
Factual Conduct by the Administration in Individual Cases
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
Not all actions of European Union or Member State authorities implementing European law are decisions ‘intended to produce legal effects’ in the sense of Article 263(1) TFEU (Article 230(1) EC) or of the equivalent Member State legal provisions. Frequently, administrative action is explicitly or implicitly designed to have factual, as opposed to legal, consequences or effects. Such ‘factual conduct’ or ‘factual acts’, as these phenomena of administrative action might be called in practice, in order to distinguish them from formal, legally effective measures, do not occur in a legal vacuum in the Union context, any more than they do in the context of national legal systems. Rules and principles of European administrative law frame cases of factual conduct, establishing both criteria for their legality and the consequences of the illegality, especially in situations involving violations of rights. This chapter discusses various categories of factual acts and factual conduct.
Purposes and Functions of Supervision and Enforcement
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter analyses the purposes and functions of supervision and enforcement of administrative activity generally in the context of the European Union. The first section presents some background reflection on the conditions applying to such activity in this specific context. The discussion covers interdisciplinary perspectives, supervision and enforcement in EU administrative law generally, accountability, and supervision through specialized and independent authorities. The second section addresses broad methodological approaches that apply to different categories of supervision.
Political Supervision
Authors: Hofmann Herwig C.H. , Rowe Gerard C. , TÜrk Alexander H. 
Published: January 2012

Abstract
This chapter focuses on political supervision in the multi-level system through the Council and the European Parliament, but Member States' structures of political supervision also play a role. Political supervision of administrative activity takes place horizontally between EU institutions and bodies within the concept of institutional balance. It also takes place vertically between Member States and the EU, which mutually control each others' activities in the realm of the implementation of Union law. Which forms of political supervision exist, and whether the available forms of political supervision are sufficient to hold EU administration actors politically accountable, are explored in the chapter.
Historical Overview
Authors: Bennett Robert J. 
Published: January 2012

AbstractBecause the book is mainly thematic, this chapter gives a historical overview to put the themes into a context. It traces the earliest chambers of commerce, from 1767, and ‘delegate’ bodies that participated in the General Chamber of Manufacturers 1785-7, and the Union of chambers 1793-1805. It demonstrates how the chambers of commerce developed in every major city, and were copied in smaller towns by chambers of trade. It describes how early societies for credit and debt collection worked with the chambers, and how chambers of agriculture competed. For the twentieth century the chapter traces competition from sector-based trade associations and national bodies such as CBI. It demonstrates the peripheralization of local voice up to the 1980s, but a revival as up to the present as providers of business services and partners with government in economic development and workforce training.
Concepts and Origins
Authors: Bennett Robert J. 
Published: January 2012

AbstractThis chapter searches for the proximate cause of chambers over 1760-1800. It reviews the discourse on ‘chambers’, how this linked with reassessing the trading relationships with the colonies, and how it interfaced with existing lobby mechanisms, including American agents. It analyses how a new ‘discourse coalition’ emerged supporting ‘reform’, and how this worked with the opposition, and the Rockingham, Shelburne, and Pitt administrations. It focuses on the role of American unrest leading to rebellion; how this was articulated through American merchants in New York, Boston, and Charleston; and how localities in Britain and Ireland responded. New analysis of the Stamp Act, Wilkes, and other petitions demonstrates how key participants became leading forces behind the early chambers on both sides of the Atlantic. Entirely new information on the first Liverpool, Manchester, and other early chambers is developed. Responses in Jersey, Guernsey, and Quebec echo the general pattern. Early chamber leaders are shown to be pro-reform, but treading an uneasy path between attacking the government and resisting revolution.
Diffusion
Authors: Bennett Robert J. 
Published: January 2012

AbstractChambers were initially small in number and focused in the main ports. This was explained by their political weight, experience of lobbying for private Bills for infrastructure development (especially wet docks and canals), and their focus on networks of economic and social exchange. This chapter shows that their diffusion was generally down the population rank-size distribution of cities, eventually penetrating the whole market for local voice. However, the chapter shows that there was important regional differentiation, and there were some notable barriers to diffusion as a result of resistance. In London this included resistance from central government. In centres, such as Bristol, Dublin, Cork, and Londonderry, it was resistance from the pre-Reform local corporation; other centres had mixed support from pre-existing bodies such as the Merchant Adventurers, Staplers, and commercial committees.
Recognition and Public Status
Authors: Bennett Robert J. 
Published: January 2012

AbstractAs voluntary bodies in Britain, Ireland, and America, chambers rely on the receptiveness of government. Public law systems, such as those in Europe, have automatic access, but lack independence of voice. This chapter analyses how chambers have tried to enhance their right to be heard: initially through charters and incorporation, then seeking to achieve a formal status in government consultations. Some advocates also called for public law chambers, from the earliest days; this led to a destructive internal debate in the 1980s. In modern times involvement in government contracts, and a chamber Act to protect title in 1999 have achieved many of the former aims. A separate track, for chambers to have a formal legal status as commercial arbitrators through tribunals of commerce achieved notable success in the 1880s, but the impact was limited by lawyers. This chapter presents the first detailed analysis of these developments.
National Voice and Local Voice
Authors: Bennett Robert J. 
Published: January 2012

AbstractThis chapter provides the first overview of how tensions between local chambers and national bodies were resolved. Early initiatives were a Union of Chambers, the General Chamber of Manufacturers, and agents in London. The National association for chambers of commerce, established in 1860, was replicated in the chambers of trade, trade protection societies, etc.; and in Ireland in 1923. The chapter shows that these associations were slow to settle down, with many major chambers not joining, and Liverpool prominently leaving after one year. Detailed analysis shows the clash of local independence with attempts to enforce a common view. Tensions continue to the present. The chapter analyses the tussles and different plans. Efforts by the association to improve local chambers have often been resisted; but after 1990 an accreditation and benchmarking system in the UK has been successful, and copied in Ireland and Canada.
Early Chamber Voice
Authors: Bennett Robert J. 
Published: January 2012

AbstractThis chapter is a radical reappraisal of the earlier academic literature. It shows the breadth, persistence, and impact of early chamber lobbies, with a strongly developing set of locally independent voices in Liverpool, Manchester, Glasgow, Dublin, etc. They were important in Treaty negotiations, American debt compensation (Jay Treaty), over lighthouses, the post office, East India Company charter, and many other matters. The chapter reviews these developments, and the Union of chamber which formed in 1793. It analyses lobbies by all the early major chambers showing how North ‘s and Pitt's governments were influenced. The chapter also covers the short-lived General Chamber of Manufacturers. It demonstrates that the demise of that chamber was due more to personalities than economic tensions, and to an unworkable structure trying to relate national and local voices. Contrary to earlier academic opinion, it had little relation to, or effect on, the independent chambers.
The Tax Mix Matters Less Than We Thought
Authors: Kenworthy Lane 
Published: January 2012

Abstract
To provide transfers and services, governments must tax. In affluent countries the principal sources of government revenue are taxes on income (individual and corporate), payroll, and consumption. What is the optimal mix among these three types of taxes? The comparative empirical record suggests the following: Income taxes are the most progressive of the three. But taxation tends to have relatively little direct impact on the income distribution; transfers and services are far more important. Consumption and payroll taxes have not been the key to expansion of tax revenues in recent decades. The nations that have increased revenues (as a share of GDP) have done so as much via income taxes. Countries relying more heavily on income taxes have not suffered slower economic growth. Nations that rely more heavily on payroll taxes do appear to have had slower employment growth over the past few decades. For policy makers seeking an optimal tax mix, these findings suggest that countries have a good bit of leeway to choose.
Sub‐extraction
Authors: Uriagereka Juan 
Published: January 2012

AbstractThis chapter examines derivational vortices, i.e., points in a derivation that the MSO system predicts should spell out separately. In particular, it explores the possibility that such domains are opaque to chain relations spanning from inside them, into the rest of the derivation. It is the nuanced topology of derivations, as characterized in terms of the MSO architecture — but also other proposals that take the Bare Phrase Structure system in all seriousness — that yield some characteristic island effects. A large chunk of the chapter has been devoted to exploring the empirical challenge that Stepanov (2007) poses for this general view. Once irrelevant factors are cleared out of the way, there are situations in which conditions of sub-extraction from subjects improve for some reason, at least in some languages.
Antecedents and Consequents
Authors: Uriagereka Juan 
Published: January 2012

AbstractThis chapter situates the present system within the tradition it comes from, in the process examining foundational concerns about the overall architecture and how this has influenced other lines of research. It begins by reviewing earlier models (the Extended Standard Theory and the Principles and Parameters system) — precursors of the Minimalist Program — to show how the roots of how cyclicity is addressed in this book are very much within the spirit of earlier proposals. It then moves on to the best known cyclic system in contemporary studies, which proposes that derivations run transitioning from one phase to the next. It shows how this system is compatible with the MSO architecture, as they are addressing different aspects of cyclicity — a condition that makes good derivational sense. The theme of justifying the derivational nature of the linguistic architecture is further explored in the middle sections of the chapter. It concludes with two detailed case studies in the literature, which explicitly and creatively use the MSO architecture to make predictions about reanalysis in parsing and specific conditions that arise in language development.
13 Determinants of the Concentration in Beer Markets in Germany and the United States: 1950–2005
Authors: Adams William James 
Published: January 2012

Abstract
Between 1950 and 2000, the four-firm producer-concentration ratio for beer increased from twenty-two to ninety-five in the United States. In Germany, the four-firm producer-concentration ratio was just twenty-nine in 2000; and the eight-firm ratio in Germany was smaller than the one-firm ratio in the United States. In 2005, after five years of important mergers involving big brewers, the German beer industry was still much less concentrated than its American counterpart. This chapter discusses several candidate explanations for the failure of beer-producer-concentration to rise as much in Germany as in the United States: the relevance of the new technologies to German brewers, the preferences of German consumers, the rules for advertising on German television and other factors, largely absent from the consensus interpretation of American experience.
17 Opening the Beer Gates: How Liberalization Caused Growth in India's Beer Market
Authors: Arora Abhimanyu , Bhaskar Anjor , Minten Bart , Vandeplas Anneleen 
Published: January 2012

Abstract
The Indian beer market has been growing at a staggering rate of 11% annually between 1999 and 2009. This chapter looks at the determinants of this impressive growth. Rules and regulations in the Indian beverage sector, in an attempt to serve multiple purposes, have become quite complex, including licenses, trade and marketing restrictions, and price controls. However, the regulatory system has been relaxed in recent years, contributing to increased inflows of foreign direct investment, higher growth rates and modernization of the sector — with important impacts on quality standards and supply chain governance structures. The chapter traces these policy changes and their influence on the beer market in India.
EU Law Effects of EU Foreign Investment Law
Authors: Dimopoulos Angelos 
Published: January 2012

AbstractChapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation of foreign investment by the EU, focusing on the Union law obligation to comply and perform EU IIAs. Chapter 6 looks also extensively into the scope and application of the Union law obligation to respect the primacy and autonomy of Union law in the field of foreign investment regulation. It examines the compatibility of EU IIAs and, more importantly, of Member States BITs with EU law, it identifies the violations of Union law and assesses the suggested proposals for their remedy. This chapter considers also the enforceability of these Union law obligations, focusing on the scope of judicial review of EU and Member States actions in light of EU IIAs and the creation of individual rights.
Conclusions
Authors: Dimopoulos Angelos 
Published: January 2012

AbstractThe most pertinent findings of this book are drawn together with a view to providing some final observations on the role of the EU as an international actor in the field of international law and regulation of foreign investment. Based on the developments of primary EU law and international investment law, this chapter provides forward-looking projections for building a comprehensive EU foreign investment policy in the future. Moreover, it discusses whether a comprehensive EU foreign investment policy would serve better the regulatory interests of the EU, Member States and third countries as capital importing and capital exporting countries and finally foreign investors.
Variants and Evidence of Oral-Written Transmission of Israelite Literature
Authors: Carr David M. 
Published: January 2012

AbstractThis chapter summarizes key insights from manuscript studies in the humanities and from studies of memory in psychology, summarizing insights into how texts are memorized and how manuscripts of pre-modern texts often bear marks of the role of memory in their transmission. In particular, the chapter develops the concept of “memory variant” to describe the type of variation typical of texts transmitted, in part, by memory. A “memory variant” involves changes of order, substitution of semantic equivalents, addition or subtraction of minor particles with minimal semantic impact, and other changes characteristic of divergent performances of texts that have been memorized. As such they are to be distinguished from aural variants (produced by errors in hearing of dictation) and graphic variants (typical of visually-copied texts).
Documented Cases of Transmission History, Part 1
Authors: Carr David M. 
Published: January 2012

AbstractThis chapter introduces the focus on documented cases of transmission history (also termed “empirical” study of biblical formation), starting with a brief survey of prior such studies by Jeffrey Tigay, Emanuel Tov, and others. The balance of the chapter is devoted to extended discussion of two such cases of documented growth of ancient texts far removed from each other both chronologically and geographically: the Gilgamesh Epic and Temple Scroll. Both cases display the sort of “memory variants” discussed in the previous chapter along with a range of other sorts of textual revision, including expansion, conflation, and even (in specific circumstances) omission of elements of prior sources.
The Hellenistic Period up to the Hasmonean Monarchy
Authors: Carr David M. 
Published: January 2012

AbstractThis chapter provides a brief overview of the pre-Hasmonean Hellenistic period and then proceeds to a survey of four types of texts most obviously datable to this period and consideration of their profile. These include apocalyptic texts, Second Temple wisdom, diaspora texts and priestly materials [e.g. Chronicles] along with post-P harmonizations/coordinations. The chapter concludes with a survey of other texts in the Hebrew Bible that may reflect each of these four profiles.
The Persian Period
Authors: Carr David M. 
Published: January 2012

AbstractOnce again, this chapter opens with a historical survey of the Persian period (including brief treatment of the order of Ezra and Nehemiah) and discussion of the question of broader Persian sponsorship for restoration of returnee community. Next comes a survey of texts likely dated to this period, from the Nehemiah Memoir and Rebuilding-Ezra narrative to early portions of Haggai and Zechariah, to Psalm 107 (in its present form) and the poetry of Job. This leads into discussion of the formation of the P/Non-P Hexateuch through combination of P and non-P traditions (possibly supported in some way by Persian governmental authorization) and the rise of a “Pentateuch” to prominence by the end of the period. Though the probability of other Persian-period reshaping of yet other biblical traditions is affirmed, questions are raised in the conclusion about their extent (especially given the limited scale of the scribal apparatus at the time) and identifiability (given the fact that they are modelled on and molded into older materials).