Suchergebnisse

In recent years, consultations have highlighted that too little is known about the number of public procurement disputes that are brought by means of judicial review. To date, approaches towards understanding the numbers of such has not been evidence-based, in fact it was somewhat speculative. The area was data-deficient. This article sets out the results of the first study to subject UK public procurement disputes brought by means of judicial review to empirical study. Whilst today more literature is emerging focusing on the relationship between public contracting and administrative law, discussion has largely focused on the boundaries of public law. However this article, setting out our study's findings, generates and analyses, for the first time, quantitative data as to the frequency and distribution of public procurement legal challenges within local governments, and how many lead to an application for judicial review in the UK. This article finds that, within this area, approximately one in four legal challenges allege an application for judicial review will be made; with approximately half of those leading to an application. Overall, the responses facilitate an improved understanding of the role of administrative law in resolving public procurement disputes within the UK, both inside and outside of the Court. The key findings are: i) that the overall number of 'legal challenges' in response to local government procurement activity is rising; ii) that there are significant regional variations in these overall numbers; iii) that there is a rise in the number of legal challenges that are (at least) instigated without a lawyer; and iv) that local government policy and practice in relation to data retention and retrieval is sporadic and deficient. Consequently this article makes recommendations for law and policy reform in order to improve the objectives of administrative justice in resolving public procurement disputes; as well as promote consistent data retention practices within local government. In order to explain how we reached the above findings, we first set out below the research methodology which underpinned the study. This will explain how we came to define what is a 'legal challenge'; the appropriateness of FOI as the principle mode of data gathering; and why the study covers local governments but not central government bodies. Following that we set out the interconnection between administrative law and public procurement, after which the findings of the study are discussed and analysed. The final section of the article will provide a series of recommendations for law and policy reform, designed to facilitate better local government data retention and retrieval practices, and thereby help achieve the objectives of administrative justice. The findings will also provide a new data set which the Law Commission can draw from, as part of its work on internal administrative review processes, currently underway as part of its Thirteenth Programme of Law Reform.

Whilst the future for UK-EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for Higher Education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules; and are viewing aspirational careers within EU institutions as now being 'closed doors.' By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between Governments and universities are needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.

À travers quelques réflexions sur le rôle du monarque au sein du système de distinctions honorifiques britannique, dont l'origine remonte à la conquête normande de 1066, sont décrites la place que ce système occupe dans la vie britannique et la manière dont il continue de lier la Reine à ses sujets. Y sont également analysées les critiques qui lui sont adressées, par ailleurs souvent ignorées par le gouvernement, afin de montrer en quoi une meilleure gouvernance et une plus grande transparence sont nécessaires pour préserver, dans un Royaume-Uni multiracial, la confiance en cette institution.

Introduction -- An overview of the free movement of persons, services, establishment and goods -- Direct effect and state liability -- European law, litigation and the ECJ -- Introduction to competition law -- Anti-competitive agreements Article 81 of the EC treaty -- Abuse of a dominant position Article 82 -- The member state and its role in the economy Article 86 -- Mergers -- Procedural and enforcement aspects of EC competition law -- State aid -- Public procurement -- European private international law -- General and exclusive jurisdictional rules in the EU -- Special and procedural jurisdictional rules in the EU -- Recognition and enforcement of judgments in the EU -- Choice of law rules

A research team from Bangor University was commissioned to undertake an evaluation of the barriers to entering the Assembly. The main aim was to better understand what, if any, deterrents there are for individuals with the necessary commitment and ability to stand for election. We sought to: 1. Understand the aspects of the job that make it attractive, such as background and motivations. 2. Understand aspects that may deter individuals or groups of people from standing. 3. Consider the current remuneration package in influencing decisions to stand 4. Consider issues of capacity (for example, office and staffing allowances, training and legal awareness) 5. Consider geographical location; such as distance between the constituency and Cardiff. The work was completed over a two-month period using qualitative and quantitative methods of data collection and analysis and involved in-depth interviews with a purposive sample of 20 individuals. We conducted a thematic analysis of the interview material. We undertook a quantitative analysis of the fixed choice questions. The findings informed the development number of potential actions for further discussion and consideration by the Remuneration Board: • Keep under review salary level and percentage rise o ensure that the salary remains competitive and attractive in light of the potential barriers highlighted in this report. • Publish more detail, for example, the number of miles an Assembly Member has covered instead of simply quoting the expenses claimed for travel, would better illustrate to the public where that money has gone. • Differentiate more clearly between money that is paid to the Assembly Member as salary and money that the Assembly Member uses on such things as office expenses and staff salaries. • Publish a monthly newsletter (as suggested by an Assembly Member) to include a breakdown of expenses to inform the electorate how the money is being spent. • Consider the introduction of a childcare voucher allowance, and increased support at evenings and weekends to enable parents of young children to attend necessary events and meetings. • Explore approaches for best practice in relation to resettlement grants. • Increase the awareness of resettlement grants amongst Assembly Members, candidates, and potential candidates. • Consider the support offered to individuals with caring responsibilities. • Take into account the increased mileage that is incurred by Members from some regions in Wales • Consider adjustments to housing allowances to enable those Members with young families to have their family with them, should they choose to. • Enable choice about where the AM's main home is • Investigate ways in which the Assembly can be seen to engage more with the public generally. • Consult disabled Members about their individual needs. • Undertake further more detailed research with a greater number and broader range of stakeholders. • Explore how the barriers identified can be best addressed.