1.1 Factual background to complaint On 13 October 2015, the board of an Irish state agency, the N... more 1.1 Factual background to complaint On 13 October 2015, the board of an Irish state agency, the National Asset Management Agency (‘NAMA'), announced the funding of 20,000 residential units by end…
The methodological framework to evaluate policy action undertaken by governments outlined in McCo... more The methodological framework to evaluate policy action undertaken by governments outlined in McConnell’s 2015 article is applied to evaluate Universal Credit. This methodology examines policy through the lenses of process, programmes and politics. Universal Credit is evaluated in this paper according to its broad aims to (i) condense six-in work and out-of-work benefits into a single, simpler system (‘simplification’), (ii) to reduce the cost of administering benefits and mitigating welfare fraud (‘administration’) and (iii) ensure that any amount of work undertaken while on benefits is worthwhile and does result in a loss to claimants (‘improvement of work incentives’).
Universal Credit has herein been determined a policy failure and this paper endeavours to precise the nature of this failure. Although much attention has been given to the implementation failures, this paper considers that it was the failure to adequately outline the operational implementation of the policy in detail beyond its ideological objectives which scuppered its later implementation as the government failed to appreciate and secure agreement on the detail of the reforms required. This failure led to unrealistic expectations as to the delivery timetable and forecasted benefits of Universal Credit.
It is in the self-interest of employers to maximise compliance with equality legislation and redu... more It is in the self-interest of employers to maximise compliance with equality legislation and reduce risk of legal liability. By regulation, it is sought to structure an employers’ processes to achieve equality aims. To this end, this recommendation is properly characterised as a second generation regulatory mechanism which focuses on altering the internal workings of the regulated organisation. By establishing an information channel between the applicant and the employer, de-coupled from the hiring decision itself in individual instances, the employer can identify discriminatory practices at interview and self-scrutinize these practices for compliance with equality legislation. The employer is thereby engaged in a process of internalising equality prescriptions and becomes sensitized to the perspectives of persons with protected characteristics.
The public health problem of obesity is addressed. It is proposed that visual images of ready-to-... more The public health problem of obesity is addressed. It is proposed that visual images of ready-to-eat calorific highly palatable foods (herein “fast food”) be prohibited; necessitating fast food purveyors to resort to the textual depictions of food offerings in lieu of visual images. It is predicted that the textual as opposed to visual presentation of fast food will have the effect of modifying the “choice architecture” of consumers in that it will tactically interrupt the decision-making process thereby (i) mitigating against mindless or uniformed choices, encouraging consumers to make more reflective decisions about fast food consumption; including inter alia considering type, properties and quantity and (ii) contributing to informed decision-making concerning fast food consumption generally; as a result of the increase in quality and quantity of information provided through a textual medium as well as encouraging consumers to consider textual health warnings such as calorie or recommended portion size labelling.
Final Report of an International Legal Research Group on Online Hate Speech conducted in cooperat... more Final Report of an International Legal Research Group on Online Hate Speech conducted in cooperation between The Council of Europe and The European Law Students’ Association.
Merger control review is rooted in economics based competition law analysis which advances a narr... more Merger control review is rooted in economics based competition law analysis which advances a narrow conception of the public interest – the enhancement of consumer welfare through the achievement of economic efficiencies. The incorporation of broader public interests in merger control can result in the division of competence for the determination of the competition law and public interest analysis amongst institutions. Acknowledging that the institutional design of competition law enforcement impacts substantive outcomes, it is imperative to consider the consequences of rendering the determination of public interests distinct from the competition analysis of a merger, whereby the public interest analysis is undertaken separately by a public authority other than a competition authority. Therefore, in this submission, differentiated institutional designs are contrasted to stimulate a discussion of the effects of an integrated or segregated analysis of competition law and public interests within a competition law regime. To this end, a recognition of public interest factors in merger control and the differentiated institutional designs of competition law enforcement in the jurisdictions of Ireland and South Africa facilitate a comparison. In Ireland, the Competition and Consumer Protection Act 2014 ('CCP Act') institutes a dichotomy between competition law and public interest analysis with respect to the media sector, pursuant to which the Competition and Consumer Protection Commission ('CCPC') undertakes a competition law analysis of media mergers, whereas the public interest analysis is undertaken by the Minister of Communications, Energy and Natural Resources ('CENR'). Comparatively, pursuant to the Competition Act 1998, the South African competition authorities engage in an integrated review of mergers pursuant to a two-prong assessment which incorporates both competition law and public interest analysis.
State Aids - Notification (State aid) - New State aid - Failing firm / industry defence - Effect ... more State Aids - Notification (State aid) - New State aid - Failing firm / industry defence - Effect on competition - Financial services
[(2015) 31(81) Utrecht Journal of International and European Law 33]
This submission traces th... more [(2015) 31(81) Utrecht Journal of International and European Law 33]
This submission traces the scope of the religious exemptions for religious organisations both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.
This analysis will examine the mechanics of the EU cartel settlement procedure in view of the ste... more This analysis will examine the mechanics of the EU cartel settlement procedure in view of the stead proliferation of hybrid cases. In order to salvage the efficiency gains of the cartel settlement procedure, it will be submitted that the Commission is required to undertake a practical remodelling of its framework in a manner which emphasises the voluntariness of the consensus reached and offers creative, individually targeted settlement outcomes to settling parties.
This submission discusses the limits of the presumption of compliance as encapsulated by the sove... more This submission discusses the limits of the presumption of compliance as encapsulated by the sovereignty clause, Article 3(2), of Regulation (EC) No 604/2013 (Dublin III Regulation) through analysing the evolutions set out in the ECtHR case Tarakhel v Switzerland. It is argued herein that the presumption of compliance has diminished the collective responsibility of Member States for Europe’s asylum seekers - with northern States relying on the presumption to outsource their collective responsibility to southern States, without due regard for fundamental rights concerns, in a manner contrary to the spirit of the Dublin Regulation.
A discussion of the legislative evolution of Irish competition law and the introduction and appli... more A discussion of the legislative evolution of Irish competition law and the introduction and application of the criminal sanctions for individuals.
In this submission, it is advanced that interpreting the creditor-debtor relationship through ove... more In this submission, it is advanced that interpreting the creditor-debtor relationship through overly simplified models of reasoning is reductive as it dictates the process in terms of “winners” and “losers”; failing to take into account the moral dimension of the creditor-debtor relationship.
This contribution endeavours to highlight the particular complexities associated with the quantif... more This contribution endeavours to highlight the particular complexities associated with the quantification of harm in damages actions concerning the practice of benchmark manipulation. In order to conceptualise these difficulties, reference is made to the LIBOR (‘London InterBank Offered Rate’) scandal.
1.1 Factual background to complaint On 13 October 2015, the board of an Irish state agency, the N... more 1.1 Factual background to complaint On 13 October 2015, the board of an Irish state agency, the National Asset Management Agency (‘NAMA'), announced the funding of 20,000 residential units by end…
The methodological framework to evaluate policy action undertaken by governments outlined in McCo... more The methodological framework to evaluate policy action undertaken by governments outlined in McConnell’s 2015 article is applied to evaluate Universal Credit. This methodology examines policy through the lenses of process, programmes and politics. Universal Credit is evaluated in this paper according to its broad aims to (i) condense six-in work and out-of-work benefits into a single, simpler system (‘simplification’), (ii) to reduce the cost of administering benefits and mitigating welfare fraud (‘administration’) and (iii) ensure that any amount of work undertaken while on benefits is worthwhile and does result in a loss to claimants (‘improvement of work incentives’).
Universal Credit has herein been determined a policy failure and this paper endeavours to precise the nature of this failure. Although much attention has been given to the implementation failures, this paper considers that it was the failure to adequately outline the operational implementation of the policy in detail beyond its ideological objectives which scuppered its later implementation as the government failed to appreciate and secure agreement on the detail of the reforms required. This failure led to unrealistic expectations as to the delivery timetable and forecasted benefits of Universal Credit.
It is in the self-interest of employers to maximise compliance with equality legislation and redu... more It is in the self-interest of employers to maximise compliance with equality legislation and reduce risk of legal liability. By regulation, it is sought to structure an employers’ processes to achieve equality aims. To this end, this recommendation is properly characterised as a second generation regulatory mechanism which focuses on altering the internal workings of the regulated organisation. By establishing an information channel between the applicant and the employer, de-coupled from the hiring decision itself in individual instances, the employer can identify discriminatory practices at interview and self-scrutinize these practices for compliance with equality legislation. The employer is thereby engaged in a process of internalising equality prescriptions and becomes sensitized to the perspectives of persons with protected characteristics.
The public health problem of obesity is addressed. It is proposed that visual images of ready-to-... more The public health problem of obesity is addressed. It is proposed that visual images of ready-to-eat calorific highly palatable foods (herein “fast food”) be prohibited; necessitating fast food purveyors to resort to the textual depictions of food offerings in lieu of visual images. It is predicted that the textual as opposed to visual presentation of fast food will have the effect of modifying the “choice architecture” of consumers in that it will tactically interrupt the decision-making process thereby (i) mitigating against mindless or uniformed choices, encouraging consumers to make more reflective decisions about fast food consumption; including inter alia considering type, properties and quantity and (ii) contributing to informed decision-making concerning fast food consumption generally; as a result of the increase in quality and quantity of information provided through a textual medium as well as encouraging consumers to consider textual health warnings such as calorie or recommended portion size labelling.
Final Report of an International Legal Research Group on Online Hate Speech conducted in cooperat... more Final Report of an International Legal Research Group on Online Hate Speech conducted in cooperation between The Council of Europe and The European Law Students’ Association.
Merger control review is rooted in economics based competition law analysis which advances a narr... more Merger control review is rooted in economics based competition law analysis which advances a narrow conception of the public interest – the enhancement of consumer welfare through the achievement of economic efficiencies. The incorporation of broader public interests in merger control can result in the division of competence for the determination of the competition law and public interest analysis amongst institutions. Acknowledging that the institutional design of competition law enforcement impacts substantive outcomes, it is imperative to consider the consequences of rendering the determination of public interests distinct from the competition analysis of a merger, whereby the public interest analysis is undertaken separately by a public authority other than a competition authority. Therefore, in this submission, differentiated institutional designs are contrasted to stimulate a discussion of the effects of an integrated or segregated analysis of competition law and public interests within a competition law regime. To this end, a recognition of public interest factors in merger control and the differentiated institutional designs of competition law enforcement in the jurisdictions of Ireland and South Africa facilitate a comparison. In Ireland, the Competition and Consumer Protection Act 2014 ('CCP Act') institutes a dichotomy between competition law and public interest analysis with respect to the media sector, pursuant to which the Competition and Consumer Protection Commission ('CCPC') undertakes a competition law analysis of media mergers, whereas the public interest analysis is undertaken by the Minister of Communications, Energy and Natural Resources ('CENR'). Comparatively, pursuant to the Competition Act 1998, the South African competition authorities engage in an integrated review of mergers pursuant to a two-prong assessment which incorporates both competition law and public interest analysis.
State Aids - Notification (State aid) - New State aid - Failing firm / industry defence - Effect ... more State Aids - Notification (State aid) - New State aid - Failing firm / industry defence - Effect on competition - Financial services
[(2015) 31(81) Utrecht Journal of International and European Law 33]
This submission traces th... more [(2015) 31(81) Utrecht Journal of International and European Law 33]
This submission traces the scope of the religious exemptions for religious organisations both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.
This analysis will examine the mechanics of the EU cartel settlement procedure in view of the ste... more This analysis will examine the mechanics of the EU cartel settlement procedure in view of the stead proliferation of hybrid cases. In order to salvage the efficiency gains of the cartel settlement procedure, it will be submitted that the Commission is required to undertake a practical remodelling of its framework in a manner which emphasises the voluntariness of the consensus reached and offers creative, individually targeted settlement outcomes to settling parties.
This submission discusses the limits of the presumption of compliance as encapsulated by the sove... more This submission discusses the limits of the presumption of compliance as encapsulated by the sovereignty clause, Article 3(2), of Regulation (EC) No 604/2013 (Dublin III Regulation) through analysing the evolutions set out in the ECtHR case Tarakhel v Switzerland. It is argued herein that the presumption of compliance has diminished the collective responsibility of Member States for Europe’s asylum seekers - with northern States relying on the presumption to outsource their collective responsibility to southern States, without due regard for fundamental rights concerns, in a manner contrary to the spirit of the Dublin Regulation.
A discussion of the legislative evolution of Irish competition law and the introduction and appli... more A discussion of the legislative evolution of Irish competition law and the introduction and application of the criminal sanctions for individuals.
In this submission, it is advanced that interpreting the creditor-debtor relationship through ove... more In this submission, it is advanced that interpreting the creditor-debtor relationship through overly simplified models of reasoning is reductive as it dictates the process in terms of “winners” and “losers”; failing to take into account the moral dimension of the creditor-debtor relationship.
This contribution endeavours to highlight the particular complexities associated with the quantif... more This contribution endeavours to highlight the particular complexities associated with the quantification of harm in damages actions concerning the practice of benchmark manipulation. In order to conceptualise these difficulties, reference is made to the LIBOR (‘London InterBank Offered Rate’) scandal.
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Papers by Amy Dunne
Universal Credit has herein been determined a policy failure and this paper endeavours to precise the nature of this failure. Although much attention has been given to the implementation failures, this paper considers that it was the failure to adequately outline the operational implementation of the policy in detail beyond its ideological objectives which scuppered its later implementation as the government failed to appreciate and secure agreement on the detail of the reforms required. This failure led to unrealistic expectations as to the delivery timetable and forecasted benefits of Universal Credit.
http://www.concurrences.com/Bulletin/News-Issues/March-2016/The-Irish-National-Asset
This submission traces the scope of the religious exemptions for religious organisations both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.
of its framework in a manner which emphasises the voluntariness of the consensus reached and offers creative, individually targeted settlement outcomes to settling parties.
Universal Credit has herein been determined a policy failure and this paper endeavours to precise the nature of this failure. Although much attention has been given to the implementation failures, this paper considers that it was the failure to adequately outline the operational implementation of the policy in detail beyond its ideological objectives which scuppered its later implementation as the government failed to appreciate and secure agreement on the detail of the reforms required. This failure led to unrealistic expectations as to the delivery timetable and forecasted benefits of Universal Credit.
http://www.concurrences.com/Bulletin/News-Issues/March-2016/The-Irish-National-Asset
This submission traces the scope of the religious exemptions for religious organisations both under the Irish Employment Equality Acts 1998–2011 at national level and under the EU Framework Directive on Employment and Occupation, Directive 2000/78/EC of November 2000, at EU level. It will be demonstrated that the Irish religious exemptions are broader in scope than those at EU level and therefore constitute a severe limitation on the equality rights of Irish citizens falling within protected grounds of non-discrimination other than religion or belief under the EU Employment Equality Directive. Special regard is had to the limitation of the rights of Irish citizens falling within the protected ground of non-discrimination on the basis of sexual orientation. It is considered whether, by allowing overly broad exemptions to subsist beyond the exigencies of a strict proportionality test, the Irish State is in effect giving efficacy to the typified intolerance between religions organisations and the LGBT community and in so doing, contributing to the perpetuation of these intolerances in Irish society rather than their erosion.
of its framework in a manner which emphasises the voluntariness of the consensus reached and offers creative, individually targeted settlement outcomes to settling parties.