Week 2 Flashcards
what is a public body/authority?
- usually seens as a body linked to the government that is expected to act in the public interest
- their powers are usually defined in a statute
significance:
private law
* fundamental rights cannot be invoked horizontally
* they are not bound to the principles of good administration
* disputes can only be brought before specific courts (judicial review)
public law
* fundamental rights can be invoked
* authorities are bound to the principles of good adminsitration e.g. decisions that affect you are not done for appropriate reasoning.
* disputes can be brough before non-specific courts (judicial review)
types of public authorities
central governmental level
central governmental level
- What: The highest government bodies which are responsible for running the country and pursue public interests. Their responsibilities include making and enforcing national laws, managing the economy, and providing national services.
- Example: NYPD handles serious crimes that affect national security → they work under a central governmental authority (e.g. ministry or federal agency) → they enforce national laws.
types of public authorities
lower levels of government
What: These are governmental bodies which can govern state or provincially, or even in a municipal or city level. Sometimes, the lowest level governments handle daily services and issues directly affecting communities.
Example: Gemeente Groningen is not only in charge of things like utility boards, law enforcement e.t.c. but they can also do daily administrative activities like registration.
types of public authorities
regulatory agencies
What: A governmental body that creates, enforces, and oversees rules for a specific industry or activity to protect the public and ensure fairness. They are essentially watchdogs
Example: American FDA regulates food, drugs , and medical products.
types of public authorities
case for understanding
Blanco case
- What: A child was injured by a wagon which was crossing the road between different parts of a state-owned tobacco company.
- Issue: Which court should the claim of damages be brought before? Administrative or civil?
- Solution: The claim for damages should be brought before an administrative court because the injury resulted from a public service.
private organisations that qualify as a public authority
there is usually a statute that says whether they are or not a public authority. If there is not a statute, then cumulative criteria can be used.
- public task/public service
- public funding (more than 50%)
- public supervision
private organisations as a public authority
understanding example: bill and melinda gates foundation
are they a public authority?
- public task; this has been fulfilled because they are a charity
- public funding; criteria not met because they are not funded by the government.
- public supervision; not met because no money is publicly given by the government, so there is no supervision.
what are private regulators (that do not qualify as public authorities?
- non-governmental groups that make and enforce rules in specific industries. They can be companies, industry associations, or independent organisations that set standards for safety, ethics, or quality.
an example of this could include fifa and how it regulates international football rules. Even though they are not official governments, their rules still influence businesses and people alot.
sources of authority
- statutory mandate: e.g. the RSPCA in the UK
- contractual mandate: for example, servcie providers such as certification of compliance with standards are often performed by private actors.
- none: even without authority, they may have the resposnibilty anyways e.g. construction standards.
understanding case - greenfell tower fire
Contractual Mandate
* What: a tower block in the UK caught fire despite many residents filing complaints and raising concerns. The public task of checking the fire safety measures in the tower was outsourced (’extensive outsourcing’) to private companies which ultimately led to the fire. This was due to no one checking the private companies.
public interest litigation
- what:
- a person or group takes a legal court to court - not for personal gain, but to protect the rights of the public for a specific vulnerable group. It’s a way to hold the government or powerful entities accountable for violating laws or constitutional rights.
key features
* focuses on public good
* anyone can file for this even those who are not directly affected e.g. activists.
* against governments or corporations
* courts can step in meaning that judges sometimes take a more active role in shaping solutions (judicial activism)
understanding case - milieudefensie v. shell
* What: Major climate litigation case filed by Milieudefensie (and other NGOs) who sued Shell. Plaintiffs argues that Shell’s contribution to climate change violated human rights by harming people’s health, safety, and future.
- Solution: Hague court ruled in favour of Milieudefensie and ordered Shell to pay X millions and reduce its global CO2 emissions. In 2024, the dutch court ruled again saying that shell does have a duty of care, but they argued that there is no specific regulation saying that this is not allowed.
- Relevance: Shows how private organisations can nevertheless contribute to the pursuit of the public interest.
regulatory forms
- public regulation
- co-regulation
- self-regulation
- in the narrow sense: the govt. deliberately tries to shape how people or businesses act in the market by making, monitoring, and enforcing rules.
- in the broad sense: includes all ways society influences behaviour whether done on purpose or not, and whether enforced by the government or other groups
regulatory forms
self-regulation
what
* industries or professional bodies create their own rules, often without direct government intervention but with some oversight.
* relies on trust and cooperation within the industry
example
“The Alliance to Better Protect Minors Online” → A self-regulatory initiative to improve children’s online safety.
advantage
* Flexibility and Expertise - Industry professionals regulate themselves using their technical knowledge.
* Lower Costs - Businesses bear the cost of administration rather than tax payers.
* Encourages Cooperation - Private sector willingly complies, reducing enforcement conflicts.
disadvantages
* Lack of oversight → Insufficient check and balance
* Not always in the public interest → Industries may prioritise profits over ethics.
* Democratic Legitimacy Issues → Public has little say in the rules set.
regulatory forms
co-regulation
what
* The government delegates regulation to an industry-specific body but still oversees and controls how the sector regulates itself.
* It’s a middle ground between self-regulation and full public regulation.
example
* Dutch Credit Regulation → a watchdog which developed a “creditworthy” code of conduct to regulate how financial institutions grant credit to consumers.
advantage
* Balanced Approach - Combines self-regulation’s efficiency with public regulation’s accountability.
* Better enforcement - The Government ensures the industry serves the public interest.
* Combines the strengths of self-regulation and public regulation while minimising their weaknesses.
disadvantage
* Weak Government oversight - The Government’s involvement may not be strong enough to ensure fairness.
* Still Industry Driven - Private interests could still influence regulation
* The Govt.’s involvement may not be enough to ensure that the regime serves the public interest.
regulatory forms
public regulation
what
Government fully controls the rules for an industry or market, creating laws and enforcing them through specialist regulatory agencies
example
Dieselgate (VW) - Governmental environmental agencies monitored and punished VW for violating emission standards.
advantage
* Strong Public Interest Protection - The Govt. ensures fairness and safety
* Legal Authority and Enforcement - Clear rules and penalties are enforced by public agencies
disadvantage
* Red Tape and Bureaucracy - Government processes can be slow and complex
* High Costs - Regulatory agencies require taxpayer funding
* Limited Expertise - Government regulators may lack industry-specific knowledge
multi-level regulation
three principal issues
- what is the goal or outcome to be achieved?
- what standard of conduct is required from market participants?
- what enforcement techniques are appropriate to ensure compliance?
multi-level regulation
problem levels
problems can occur on local/regional, national, global, and even supranational levels.
Local/Regional:
regulating noise levels in Schildersbuurt after 10pm (soft law)
National:
combating regulating nitrogen-based pollution that comes out of cars in the Netherlands. The overpopulation led to super high levels of nitrogen which threatens biodiversity.
Global: the financial crisis of ‘07 and ‘08. Due to irresponsible financial practices, that sector was on the edge of collapsing. The slogan “too big to fail” referred to banks whom had such important roles that the government used tax payers money to save them.
* This lead to stricter capital requirements for banks which included a national regulation of bank capital, stricter capital requirements, and the Basel committee on banking supervision (BCBS) came up with non-binding recommendations that set a global standard.
Supranational:
European System of Financial Supervision: ESA’s + ECB, and the EU Capital Requirements Directive and Regulation
multi-level regulation
global problems and solutions
covid-19 pandemic
This was a prominent example of a global problem which depended on various states to enforce their own regulations to contribute to a collective goal. These preventative measures were:
* Recommendations of the WHO → Soft law
* EU Measures → Some recommendations were reinterpreted into binding law.
* National Measures → Ultimately up to nations to come up with effective measures.
child labour in the global supply chain
* child labour is a major problem which is very prominent in discussions surrounding fast fashion. Primark ‘sacked’ three of its supplies after an investigation uncovered that children as young as 11, were labouring in Indian refugee camps to produce the garments.
* A second example is when the Rana Plaza factors collapsed. The Rana Plaza factory collapse killed 1,134 people who were employed to create cheap clothing.
global administrative law beyond the state
what
* It looks at the rules and principles that guide administrative processes involving more than just national governments.
* It focuses on how global, national, regional, and local public and private actors work together to achieve public goals.
how does it differ from comparitive administrative law (CAL)
* CAL compares how different countries manage their administrative law (e.g., France vs. Germany).
* GAL studies interactions between different levels of governance (global, national, regional, private) rather than just comparing national systems.
cassese
GAL is complex—it is not only about global matters, not only about administration, and not only about law.
global administrative law
sports law
Operates at both international and national levels, involving both public and private actors.
* e.g. The Olympic Charter (a private act) regulates the Olympic Movement, including the IOC, International Sports Federations, and National Olympic Committees.
* Public authorities from the host country are involved in organizing the Olympic Games.
Challenges in global regulation
* Fragmentation & lack of coherence.
* Regulations are often non-binding, leading to ineffectiveness.
* Legitimacy & accountability issues.
nature of law in global sports governance
* Instrumental role: Law is used to shape behaviour but varies in effectiveness.
* Limited foundational role: (below)
* No single global community with shared values.
* No democratically legitimate global institution.
* Highly fragmented and sector-specific.
sports law
administrative tasks and judicial bodies
administrative tasks in global sports governance
* World Anti-Doping Code: Sets unified anti-doping rules for over 660 sports organizations.
* World Anti-Doping Agency (WADA): An independent private foundation that oversees anti-doping regulations.
* National sports organizations & public authorities (e.g., national anti-doping agencies) also play a role.
quasi-judicial bodies
Court of Arbitration for Sport (CAS): Ensures consistent application of global sports law
