Enforcement in Multi-level Regulatory Systems

SCHEME: PRIDE

CALL: 2017

DOMAIN: LE - Law, Economics, Finance

FIRST NAME: Joana

LAST NAME: Mendes

INDUSTRY PARTNERSHIP / PPP: No

INDUSTRY / PPP PARTNER:

HOST INSTITUTION: University of Luxembourg

KEYWORDS: multi-level regulatory systems; judicial enforcement; administrative enforcement; constitutional principles; comparative institutional analysis; alternative dispute resolution mechanisms; public-private divide; ex-ante compliance mechanisms; ex-post enforcement

START:

END:

WEBSITE: https://www.uni.lu

Submitted Abstract

DTU-REMS-II follows up on the work begun by DTU-REMS-I, which is in the process of mapping the key enforcement challenges in multi-level regulatory systems (e.g., multiple enforcers, differing standards of protection, the impact of a digitalized society). DTU-REMS-II will move beyond this pioneering work, by taking an overarching look at the important, complex interactions across international, European, and domestic levels within multi-level regulatory systems and will make a normative analysis thereof. DTU-REMS-II will be structured around two interlinked research questions: (1) what are the structural gaps and failures in enforcing multi-level regulatory norms against public and private actors operating across jurisdictions; and (2) which solutions respect the core constitutional principles of democracy, fundamental rights’ protection, and the rule of law. On a methodological level, these core constitutional principles will form the evaluative criteria for a comparative institutional analysis of a wide range of enforcement mechanisms. These two questions will guide research clustered around four research axes: (1) courts, alternative dispute resolution mechanisms, and quasi-judicial bodies in multi-level regulatory systems; (2) the public-private divide and its challenges for enforcement; (3) norms and normative instruments at the cross-roads of legal systems (enforceability and availability of legal remedies); and (4) complementarity between ex ante compliance mechanisms and ex post enforcement. Research on these themes will take both an intra-disciplinary (gathering different legal disciplines) and inter-disciplinary approach (legal and economic research).DTU-REMS-II’s comprehensive research, by filling an overlooked niche, will yield information highly relevant to Luxembourg, as well as innovative ideas accompanied by substantial outreach and broad publication. DTU-REMS-II will advance, in a ground-breaking manner, the scholarly knowledge needed to sustain informed policy choices, both by assessing the effectiveness of multi-level enforcement systems expected to respect the core constitutional principles and by comparing and contrasting alternative multi-level enforcement mechanisms (or combinations thereof) against this normative background.

This site uses cookies. By continuing to use this site, you agree to the use of cookies for analytics purposes. Find out more in our Privacy Statement