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[Comment] Guest blogger Thomas Perroud: Independence of regulatory authorities – A comparative perspective
The recent Free Enterprise Fund v. Public Company Accounting Oversight Board decision of the United States Supreme Court (see an earlier blog post on this case available here ) gives a wonderful occasion to show a major difference between this country...
[Cases] Independence v. Accountability: The case of Free Enterprise Fund v. Public Company Accounting Oversight Board
One of the difficult administrative law questions facing most legal systems today is the tradeoff between independence and accountability. Last Monday, June 28, the US Supreme Court handed down a 5-4 decision in the case of Free Enterprise Fund v. Public...
[Cases] ECJ C-518/07 - Commission v. Germany: How “independent” should independent agencies be?
On March 9, 2010, the European Court of Justice (Grand Chamber) handed down a very interesting judgment regarding the required degree of independence of the authorities responsible for monitoring compliance with Directive 95/46/EC "on the protection...
[Cases] Presidential Oversight of Independent Agencies - Free Enterprise Fund v. Public Company Accounting Oversight Board (U.S. Supreme Court)
The Supreme Court heard oral argument on Monday in Free Enterprise Fund v. Public Company Accounting Oversight Board (08-861), an important separation of powers case. In 2002, Congress passed the Sarbanes-Oxley Act, which created the Public Company Accounting...