eu consultation on evaluation November 12, 2013
Posted by Bradley in : consultation , add a commentThe EU Commission seeks input on its consultation on evaluation by February 25, 2014. The document explains that a part of the purpose of evaluation is about transparency:
EU stakeholders and citizens have a right to ask the Commission to give an account of what was done and achieved, not least because tax payers’ money is being used to develop and fund the various interventions. This entitles citizens, stakeholders and parliamentarians to hold the administration to account and to see more clearly whether previous promises have materialised and if not what the likely reasons were and what aspects deserve special attention. Transparency can also help to increase trust, as institutions that are transparent and self-critical tend to be more trusted than institutions which do not produce realistic and objective, detailed and full assessments of the performance of their actions. By publishing evaluation findings, the Commission is publicly taking responsibility for its actions, acknowledging how an intervention is performing and inviting further feedback.
There’s a caution in the document about relying on stakeholder views:
It is important to understand that evaluation should not be based only on stakeholder views. It always implies a careful analysis of stakeholders’ arguments and a double-checking against the arguments of other stakeholder groups and, where possible, against information from independent third parties or official statistics. To capture the “end-user perspective” in an evaluation, it needs to be carefully checked whether to rely on data and arguments by organised stakeholder groups at national or European level is sufficient, or whether it would be better to reach out directly to final beneficiaries or end-users (by interviewing a representative sample of individuals – consumers, farmers, travellers, students, business owners, etc.) which we hoped would benefit from a policy or have had to bear its cost. Likewise, quantitative data should always be complemented with and double-checked against qualitative information from other sources (interviews, etc.). This means for instance that an evaluation should not just present an econometric model, its results and limitations, but should always seek to get further confirmation by asking stakeholders in how far and why the results make sense to them.
the ombudsman and stakeholders November 12, 2013
Posted by Bradley in : stakeholders , add a commentThe EU Ombudsman has published a critical decision with respect to the European Banking Authority’s 2011 appointment of the Banking Stakeholders Group (this is the appointment of the group prior to last month’s announcement of a new Banking Stakeholders Group).
The decision states:
the Ombudsman is conscious of the difficulties inherent in combining geographical, gender and interest representation criteria with the need to ensure that the members chosen are competent, particularly in view of the fact that, as stated above, the EBA had no previous experience of carrying out this task. Finally, the Ombudsman takes the view that it was reasonable of the EBA to have confined its selection of BSG members from among those who had expressed an interest in appointment following a call for expression of interest from potential stakeholders. This approach complied with Article 37 (3) of the Regulation and the requirement laid down therein, according to which, “members of the Banking Stakeholder Group shall be appointed by the Board of Supervisors, following proposals from the relevant stakeholders”
Nevertheless, the Ombudsman did find instances of maladministration. For example:
the Ombudsman finds that, in the absence of any convincing explanation, by deciding to appoint 9 out of the 10 members of the “industry” category by selecting representatives from “old” Member States, the EBA did not comply with the requirement to ensure “to the extent possible”, “an appropriate geographical balance and representation of stakeholders across the Union”. It thus committed an instance of maladministration.
Choosing all five consumer stakeholders from “new” Member States and only one employee stakeholder member were other instances of maladministration.The Ombudsman also wrote that identifying entities as user stakeholders which were:
clearly not retail users of the services provided by the financial/banking sector, but rather providers of services to the latter (accounting and audit firms, credit-rating agencies) cannot be considered to be in line with the Regulation.
payday loans – a policy problem on both sides of the atlantic November 6, 2013
Posted by Bradley in : consumers , add a commentThe CFPB invites the submission of complaints about payday loans starting today (and the Pew Charitable Trusts published a report last week on payday lending). Meanwhile, the UK Business, Innovation and Skills Committee yesterday held an evidence session on the regulation of pay-day loan companies (a follow-up to the Committee’s 2012 report).
next round of ttip negotiations November 4, 2013
Posted by Bradley in : markets , add a commentIn Brussels November 11-15. There’s a stakeholder briefing (register by emailing your name(s) and the name of the organisation to TRADE-TTIP-EVENTS@ec.europa.eu by Friday 8 November at 12:00 CET):
The European Commission will organise a briefing session for stakeholders during the second round of the negotiations on Friday 15 November. Non-governmental organisations, consumer groups, trade unions, professional organisations, business and other civil society organisations will have the opportunity to exchange views with chief negotiators of both sides.
Meanwhile the CBI’s report, which focuses on the necessity of the UK’s continuing involvement in the (somewhat adjusted) EU is based on the importance of increased global competitiveness:
British business is clear that the best way to be outward facing and globally competitive in the modern era is to continue to use and influence the EU as a base from which to build trading links and maximise interdependence with economies all over the world, whilst reforming the EU to ensure that it allows the UK to realise this global future. Attempting to reverse the process of increasing interdependence and return to a system of bilateral ad hoc arrangements will not create and keep the jobs the UK needs in order to maintain and improve living standards for all its citizens or enhance its standing as a global leader.
uk register of beneficial ownership to be publicly accessible October 31, 2013
Posted by Bradley in : transparency , add a commentThere has been a dramatic contrast between the US and the UK with respect to transparency of public corporations/companies. The SEC’s Edgar system is searchable, and has generated initiatives such as LawInsider’s contracts database (the founder, Preston Clark, is a UM Law alum). Although the UK’s Companies House even has a mobile app which provides free access to some information, the information is limited. Now the UK announces that it proposes to enhance transparency by establishing a publicly accessible register of beneficial ownership of UK companies (a July 2013 discussion paper introduced the idea, but the decision to make the register publicly accessible is new, and is being announced before the UK’s Department for Business Innovation and Skills issues its formal response to comments on the discussion paper, seemingly because the Open Government Partnership Summit is currently happening in London). So, more corporate transparency to come in the UK, although there will continue to be differences in transparency between the US and the UK.
courts and the executive: control, legal certainty, sub-delegation October 30, 2013
Posted by Bradley in : governance , add a commentFrom the judgment of Lords Mance and Toulson in the UK Supreme Court today in R (on the application of Reilly and another) v Secretary of State for Work and Pensions
The courts have no more important function than to ensure that the executive complies with the requirements of Parliament as expressed in a statute. Further, particularly where the statute concerned envisages regulations which will have a significant impact on the lives and livelihoods of many people, the importance of legal certainty and the impermissibility of sub-delegation are of crucial importance. The observations of Scott LJ in Blackpool Corporation v Locker [1948] 1 KB 349, 362 are in point: “John Citizen” should not be “in complete ignorance of what rights over him and his property have been secretly conferred by the minister”, as otherwise “[f]or practical purposes, the rule of law … breaks down because the aggrieved subject’s legal remedy is gravely impaired”.
more calls for evidence for the balance of competences review October 30, 2013
Posted by Bradley in : consultation , add a commentAfter October 21’s mass request for evidence across a range of different areas, today’s call is for evidence about social and employment policy (responses due by January 17, 2014), and last week it was for evidence about energy policy (responses due by January 15, 2014). As Mark Easton wrote the other day, the Government does not always pay much attention to views expressed in response to consultations. But perhaps to the extent that these calls for evidence generate factual examples which confirm the views of the Government these exercises will be a bit different.
sec crowdfunding proposals October 23, 2013
Posted by Bradley in : consultation , add a commentAll 585 pages of them are here. Public comments may be submitted via this page. The SEC notes:
We understand that these proposed rules, if adopted, could significantly affect the viability of crowdfunding as a capital-raising method for startups and small businesses. Rules that are unduly burdensome could discourage participation in crowdfunding. Rules that are too permissive, however, may increase the risks for individual investors, thereby undermining the facilitation of capital raising for startups and small businesses.
drone strikes October 22, 2013
Posted by Bradley in : fundamental rights , add a commentMy walk to school this morning was overshadowed by a loud helicopter hovering overhead. It made me think of Amnesty International’s report, “Will I be Next?”.
review of the relationship between the uk and the eu continues October 21, 2013
Posted by Bradley in : governance , add a commentThe UK Government has announced a number of reviews as part of its ongoing review of the balance of competences described as “an audit of what the EU does and how it affects the UK.” Contributions are now invited by January 13, 2014 to the review of the single market in services, cohesion, agriculture, fisheries, competition and consumer policy, and fundamental rights. Contributions are invited by January 17, 2014 for the reviews of financial services and the free movement of capital and the EU budget.