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The book sets out the features of economic regulation in Ireland in the following sectors: aviation, banking, broadcasting, communications including post, competition and energy. Separate chapters set out the legislative approach to economic regulation in each area and discuss the role of the main regulators: The Commission for Aviation Regulation; the Central Bank and Financial Services Regulatory Authority; the Broadcasting Commission of Ireland, the RTE Authority, the Broadcasting Complaints Commission and the new Broadcasting Authority of Ireland; the Commission for Communications Regulation, the Competition Authority and the Commission for Energy Regulation. Also included is an introduction to aspects of the economics of regulation and the legal context. There is a separate chapter on Judicial Review and Appeal Panels. In addition, a chapter dealing with some procedural issues in the enforcement of regulatory frameworks is included. This book is timely due to the emergence of a system of independent sectoral regulation in Ireland in the past decade following a policy shift towards liberalising markets. This is partly due to the impact of deeper European Common market integration and partly due to the desire of central government to promote more competition in the Irish economy. The regulation of the banking sector chapter is in particular timely given the recent turmoil in this particular sector. The regulation of broadcasting is also timely given the pending adoption of the Broadcasting Bill 2008 by year end which will fundamentally change the way the broadcasting sector is regulated. The Communications Act and the Competition Act were updated in 2007 and so it is timely to reflect on those changes and the impact they have had on the markets involved.
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On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject.
Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants. Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions. Part II examines each of the relevant professions in turn. Covers the following developments, legislation and case law: The difference of between professional misconduct conduct and poor professional performance Teaching Council (Amendment) Act 2015 Healthcare (Miscellaneous Provisions) Bill 2017 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Corbally v Medical Council & Others Medical Council v Lohan-Mannion Doocey v Law Society TM v Medical Council This title is included in Bloomsbury Professional's Irish Employment Law online service.
This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.
An analysis of the features of both governmental regulation of non-profit organizations and self-regulation by non-profit sectors themselves.
This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
This new title is concerned with the securities law provisions in the Companies Act 2014 and derivative enactments, which are of most concern to listed companies and companies issuing equity and debt securities in Ireland. It deals comprehensively with the legal obligations to produce a prospectus or similar document, what is in it, what are the exceptions, what information must be made available to the markets and what are the other legal consequences on companies and dealers in shares and other securities as a result of having securities admitted to listing. Part A of the book gives an overview of the four key areas: Prospectus, Listing, Market Abuse and Transparency. It explains the structure of the law to enable non-experts to understand the law. Part B gives the legal and regulatory texts, which will be more of interest to lawyers and financiers in this area who need to be familiar with the primary law, which is not as yet readily accessible.
This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.