The Strategic Environmental Assessment Directive: A Potential Lever for Independent Regulation in Northern Ireland?

Accepted for publication - will appear in advance view JEL and hard copy publication in (2012) Vol 24(2).

Demersal fish biodiversity: species-level indicators and trends-based targets for the Marine Strategy Framework Directive

The maintenance of biodiversity is a fundamental theme of the Marine Strategy Framework Directive. Appropriate indicators to monitor change in biodiversity, along with associated targets representing "good environmental status" (GES), are required to be in place by July 2012. A method for selecting species-specific metrics to fulfil various specified indicator roles is proposed for demersal fish communities. Available data frequently do not extend far enough back in time to allow GES to be defined empirically. In such situations, trends-based targets offer a pragmatic solution. A method is proposed for setting indicator-level targets for the number of species-specific metrics required to meet their trends-based metric-level targets. This is based on demonstrating significant departures from the binomial distribution. The procedure is trialled using North Sea demersal fish survey data. Although fisheries management in the North Sea has improved in recent decades, management goals to stop further decline in biodiversity, and to initiate recovery, are yet to be met.

Employer occupation of regulatory space of the Employee Information and Consultation (I&C) Directive in liberal market economies

This article shows how both employers and the state have influenced macro-level processes and structures concerning the content and transposition of the European Union (EU) Employee Information and Consultation (I&C) Directive. It argues that the processes of regulation occupied by employers reinforce a voluntarism which marginalizes rather than shares decision-making power with workers. The contribution advances the conceptual lens of ‘regulatory space’ by building on Lukes’ multiple faces of power to better understand how employment regulation is determined across transnational, national and enterprise levels. The research proposes an integrated analytical framework on which ‘occupancy’ of regulatory space can be evaluated in comparative national contexts.

Regulating for mutual gains? Non-union employee representation and the Information and Consultation Directive

Interest in ‘mutual gains’ has principally been confined to studies of the unionised sector. Yet there is no reason why this conceptual dynamic cannot be extended to the non-unionised realm, specifically in relation to non-union employee representation (NER). Although extant research views NER as unfertile terrain for mutual gains, the paper examines whether NER developed in response to the European Directive on Information and Consultation (I&C) of Employees may offer a potentially more fruitful route. The paper examines this possibility by considering three cases of NER established under the I&C Directive in Ireland, assessing the extent to which mutual gains were achieved.

Financial Taxes and the Sand in the Wheels of Financialization:Legal Challenges for the EU Directive Implementing Enhanced Cooperation in the Area of Financial Transaction Tax

One of the many results of the Global Financial Crisis was the insight that the financial sector is under-taxed compared to other industries. In light of the huge bailouts and continued subsidies for financial institutions that are characterized as too-big-to-fail demands came on the agenda to make finance pay for the mega-crisis it caused. The most prominent examples of such taxes are a Financial Transaction Tax (FTT) and a Financial Activities Tax (FAT). Possible effects of such taxes on the economic constitution and increasingly in particular on the European Single Market have been discussed controversially over the last decades already. Especially with the decision of eleven EU member states to adapt an FTT using the enhanced cooperation procedure a number of additional legal challenges for implementing such a tax have emerged. This paper analyzes how tax measures of indirectly regulating the financial industry differ, what legal challenges they pose, and what their overall contribution would be in making the financial system more stable and resilient. It also analyzes the legal arguments against enhanced cooperation in this area and the legal issues related to the British lawsuit against the Commission’s Directive proposal in the European Court of Justice on grounds of the extra-territoriality application of tax. The paper concludes that the feasibility of an FTT is legally sound and given the FTT’s advantages over a FAT the EU Directive should be implemented as a first step for a European-wide FTT. However, significant uncertainties about its implementation remain at this stage.

Food web indicators under the Marine Strategy Framework Directive: From complexity to simplicity?

The Marine Strategy Framework Directive (MSFD) requires that European Union Member States achieve "Good Environmental Status" (GES) in respect of 11 Descriptors of the marine environment by 2020. Of those, Descriptor 4, which focuses on marine food webs, is perhaps the most challenging to implement since the identification of simple indicators able to assess the health of highly dynamic and complex interactions is difficult. Here, we present the proposed food web criteria/indicators and analyse their theoretical background and applicability in order to highlight both the current knowledge gaps and the difficulties associated with the assessment of GES. We conclude that the existing suite of indicators gives variable focus to the three important food web properties: structure, functioning and dynamics, and more emphasis should be given to the latter two and the general principles that relate these three properties. The development of food web indicators should be directed towards more integrative and process-based indicators with an emphasis on their responsiveness to multiple anthropogenic pressures. (C) 2013 Elsevier Ltd. All rights reserved.