Fighting Housing Discrimination in Europe

ABSTRACT

There is no exact European equivalent to the U.S. Fair Housing Act. The member states of the European Union (EU) have transposed into law the EU Racial Equality Directive of 2000 that prohibits discrimination in, among other things, access to the supply of goods and services, including housing, on the basis of race. Most housing discrimination case law so far comes from nonbinding decisions of the European Court of Human Rights and European Committee of Social Rights under the revised European Social Charter of the Council of Europe. This article explains how the European context of discrimination and segregation differs from the American, reviews the major legal conventions establishing equal rights in housing, protected classes, and key precedents. It discusses how mixing policies in social housing are the primary mechanism to reduce residential segregation in Europe. The special case of extreme discrimination against the Roma is presented, before concluding with some comparative observations.     

ASSESSING THE IMPACTS OF THE SURFACE MINING CONTROL AND RECLAMATION ACT

Even a dozen years since the passage of the Surface Mining. Control and Reclamation Act (SMCRA) there is little agreement on how well i t has worked. The paper attempts to assess the impacts of SMCRA in six major surface coal producing states. Although i t is not possible to make an unqualified overall national assessment, the evidence presented in the paper indicates that in many (but by no means all) cases, surface coal mining is now carried out in environmentally less destructive ways then before the Act. However, the accomplishments have fallen far short of expectations. The situation in some states has gotten worse than before the Act. Overall, the impact of the Act on the ground has been mixed and has depended on the rigor with which the Act has been implemented in individual coal states.     

Accountability or Countability? Performance Measurement in the New Zealand Public Service, 1992–2002

This article examines how output classes and performance indicators have changed between 1992 and 2002 in five selected departments of the New Zealand Public Service. Process, output and largely artificial service quality performance measures have crowded out outcome, efficiency and effectiveness indicators, across the board. Both output classes and performance indicators have been highly labile, though the reasons for this remain speculative in the meantime. The New Zealand state sector is currently implementing a ‘managing for outcomes’ strategy, intended to overcome too strong a preoccupation with the production of outputs. However, because output classes remain the key feature of the Public Finance Act 1989 the means of ensuring and demonstrating policy effectiveness must be more broadly based than a reliance on the countability of organisational output classes and performance measures.     

FREEDOM OF INFORMATION: THE COMMONWEALTH EXPERIENCE*

Abstract: This paper outlines the background and rationale of the Commonwealth Freedom of Information (FOI) legislation and discusses the specific nature and operation of the FOI Act, including some current issues emanating from the interpretation of some of its provisions by the Administrative Appeals Tribunal (AAT) and the courts. The overall cost/benefit balance of the Act is considered, with particular reference to the recent report of the Senate Standing Committee on Legal and Constitutional Affairs on the operation and administration of the Act.     

Human Rights or Citizen's Privileges: The Great Bill of Rights Swindle

New Labour arguably left Britain more comfortable in its diversity and better protected by anti‐discrimination law. Equal treatment for gay people advanced significantly and the Human Rights Act provides a modern Bill of Rights for everyone in the Kingdom. Curiously however, parallel laws dishonoured these values in thought, word and deed. Home affairs hyperactivity left ours a less friendly country in which to seek asylum, dissent or even be young. The Coalition bound itself together with ‘civil liberties’ and quickly reversed some excesses of the previous decade. Last year's ‘Arab Spring saw it promote human rights abroad. However the Government appears bitterly divided by them at home. Is the debate about a more ‘British’ Bill of Rights, political genius, pragmatic fudge or a dangerous swindle capable of depriving us all of vital protection against abuse of power?”     

THE INFORMATIONAL REQUIREMENTS FOR EFFECTIVE REGULATORY REVIEW: AN ANALYSIS OF THE EPA LEAD STANDARD

The shortcomings of the EPA lead standard were largely determined by the requirements of the Clean Air Act. EPA's analysis was inadequate since the underlying risks were modelled in terms of critical thresholds irrespective of the particular probability of the adverse health outcome associated with the exposure. The informational requirements for meaningful review are compared with the actual benefit and cost data provided by EPA.
The misplaced EPA approach prevented the generation of appropriate information on which to base a policy decision and hampered the subsequent review efforts by the White House oversight group. It is doubtful whether any oversight effort can be fully effective without a major change in the Clean Air Act.     

THE STATES AND DEREGULATION: THE CASE OF SURFACE MINING

The Surface Mining Control and Reclamation Act of 1977 (SMCRA), passed to correct the abuses of surface mining, assigned key implementation roles to the states. While the federal government originally enforced SMCRA, states could operate the program themselves. Once states decided to run their own program the federal government would oversee them to insure they properly enforce the Act. This research examines the enforcement behavior of states in the 1980s. The results indicate that early in the Reagan administration eastern states enforced the SMCRA less stringently than other states. Eastern states increased their level of enforcement later in the 1980s in response to pressures for increased federal oversight from Congress, interest groups and others.     

IRCA and the Unionization of Mexican and Central American Undocumented Workers in Los Angeles County

This article explores the likely impact of the Immigration Reform and Control Act (IRCA) on the unionization o f undocumented workers. Research conducted prior to IRCA challenges the conventional wisdom that undocumented workers cannot be organized because of their fear of apprehension and deportation by the INS. Preliminary research subsequent to the passage of this legislation in 1986 suggests that essentially the same factors that mitigated the fear of the INS and made the undocumenteds as receptive to unionization as other classes of workers similarly located in the labor market prior to IRCA are operating in the post-IRCA period. The future "organizability" of undocumented workers rests considerably on unions'determination to organize them and whether they continue to be protected by U.S. labor laws.     

INTERNAL AUDIT—THE POOR RELATION OF THE PUBLIC SERVICE*

In considering the Public Accounts Committee in relation to internal audit, it should be stated that the duties imposed on the Committee by the Public Accounts Committee Act require it to examine the accounts of the receipts and expenditure of the Commonwealth Government and each statement and report transmitted to the Parliament by the Auditor-General. Inherent in the Committee's functions therefore is a strong association with the audit function.     

THE POLITICS OF LEGISLATIVE CURTAILMENT OF ADMINISTRATIVE RULEMAKING: OBSTACLES TO POLICE-PATROL OVERSIGHT

State Administrative Procedure Acts (APAs), like their federal counterpart, attempt to even the odds that citizens’rights will be protected as administrative agencies exercise quasi-legislative and quasi-judicial functions. North Carolina is one of several states which has recently attempted to constrain agency power in rulemaking and complaint adjudication. This is a case study of policy outcomes attained by the North Carolina General Assembly in its 1985 revision of the state's APA. Why did some state legislators’efforts to assume stricter oversight over administrative rulemaking fall far short of the kind of control and accountability they aimed for? We explore three types of obstacles to APA reform encountered in North Carolina. Each is relevant to other states. First, direct surveillance or “police-patrol” techniques of legislative oversight impose undesirable political costs on legislators. Second, there is an absence of (or categorical precedence is against) the adoption of such techniques. Third, executive-legislative branch conflict and complex separation of powers issues arise when state legislatures attempt to curtail administrative rulemaking in significantly new and restrictive ways.     

AGAINST THE SPIRIT OF LOCAL GOVERNMENT: THE MAKING OF TASMANIAN TOWN AND COUNTRY PLANNING LEGISLATION

Abstract: Town planning as part of a wider program of postwar reconstruction gained support in Tasmania in the 1940s. This support resulted in the passage of the Town and Country Planning Act 1944, the first major major piece of town planning legislation in Tasmania. This article examines the background to this statute, focusing on the deliberations of a joint committee of parliament appointed to hear the views of interested parties on town planning. Particular attention is devoted to the dispute over whether municipal councils or a town planning board with wide powers should regulate town planning. The land use planning reforms introduced in 1993 are also assessed.     

THE GOVERNMENT AND HOSPITAL COMMITTEES OF MANAGEMENT IN VICTORIA

Abstract: A new method has recently been introduced for selecting members of Victorian hospital committees of management: they are to be appointed by the Minister of Health, instead of being nominally elected by "contributors" to the hospitals. The 1977 Health Commission Act, which contains these new appointment provisions, gives the state government additional powers over the hospitals, and the power to appoint committees of management could contribute to this augmented control. The new method of selection, however, is expected to make little difference in practice to the committees. Neither the former Liberal state government, in framing the Health Commission Act, nor recent official inquiries have considered seriously the capacity of these committees as they are now constituted to maintain a high degree of hospital autonomy, despite the hospitals' heavy reliance on public funds. By leaving undisturbed these inheritors of the voluntary hospital tradition, the former Liberal government, though it has left its Labor successor with some new powers, has left it also with a potential obstacle to implementing the kinds of reforming measures recommended for the state's health services.     

Property rights and competing for the affections of?Demos: the impact of the 1867 Reform Act on stock prices

The 1867 Reform Act in Britain extended the electoral franchise to the skilled but propertyless urban working classes. Using stock market data and exploiting the fact that foreign and domestic equities traded simultaneously on the London market, this paper finds that investors in British firms reacted negatively to the passage of this Act. We suggest that this finding is consistent with investors foreseeing future alterations of property rights arising from the pressure that the large newly enfranchised group would bring to bear on government policy. We also suggest that our findings appear to be more consistent with the Tory political competition explanation for the Act rather than the Whig threat-of-revolution explanation.     

ADMINISTRATIVE POLICY MAKING: ADJUDICATION BY THE BOARD OF IMMIGRATION APPEALS IN ASYLUM-RELATED APPEALS 1980–1987

This analysis examines the extent to which the Board of Immigration Appeals (BIA), from 1980 to 1987, complied with a new policy of Congress, set forth in the Refugee Act of 1980, which called for an elimination of bias in favor of aliens from hostile countries. Statistical analysis reveals that the BIA did not enforce the Refugee Act of 1980. I argue that Congress never intended to eliminate this bias since doing so would bring it into conflict with actors within the executive branch (including the President and the State Department) that have traditionally dominated policy-making relating to refugees and asylees. Instead, in the Refugee Act of 1980, Congress allowed these actors to retain control through a broad definition of "refugee" and by failing to clearly specify standards for political asylum and withholding of deportation. Simultaneously, Congress temporarily placated private and public "refugee rights" interest groups with statutory provisions that (presumably) eliminated the hostile country bias in U.S. refugee and asylum admis- sions, and granted increased federal aid to private organizations and units of state and local governments.     

THE EXCLUSION OF ILLEGAL HISPANICS IN AGENDA-SETTING: THE IMMIGRATION REFORM AND CONTROL ACT OF 1986

In November of 1986, the Immigration Reform and Control Act, designed primarily to control illegal Hispanic residents was signed into law. The new policy as implemented failed to remove, via legalization, illegal residents residing within the United States. The perspectives of Hispanic organiza- tions and 594 illegal residents were collected and evaluated to ascertain those variables that may have served to negate this public policy. The utilization of a subsequent qualitative and discriminant analysis indicated that the exclusion and/or lack of consideration given the perspectives of policy targeted groups and individuals in agenda setting, adversely affected the efficacy of the policy-making process, and thus, the laws it creates.     

THE AFFORDABLE CARE ACT'S EFFECTS ON PATIENTS,PROVIDERS, AND THE ECONOMY: WHAT WE'VE LEARNED SO FAR

As we approach the tenth anniversary of the passage of the Affordable Care Act, it is important to reflect on what has been learned about the impacts of this major reform. In this paper, we review the literature on the impacts of the ACA on patients, providers, and the economy. We find strong evidence that the ACA's provisions have increased insurance coverage. There is also a clearly positive effect on access to and consumption of health care, with suggestive but more limited evidence on improved health outcomes. There is no evidence of significant reductions in provider access, changes in labor supply, or increased budgetary pressures on state governments, and the law's total federal cost through 2018 has been less than predicted. We conclude by describing key policy implications and future areas for research.     

STATE IMPLEMENTATION OF THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977

The implementation of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 in coal producing states is guided by a partial preemption policy approach t h a t establishes a balance between federal and state decision-making authority. The usefulness of this approach is assessed by analyzing state enforcement actions in relation the institutional capacity of states to shoulder regulatory responsibilities and the propensity of the federal Office of Surface Mining (OSM) t o oversee state enforcement actions and, if necessary, to undertake corrective action. Our results indicated that state administration of SMCRA was canstrained by the lack of effective federal oversight but was largely unaffected by interstate differences in political, economic, or administrative characteristics.     

The influence of the gramm-rudman-hollings act on federal budgetary outcomes, 1986—1989

This article analyzes the impact of the Gramm-Rudman-Hollings (GRH) Act on federal budgetary and fiscal outcomes. Rather than portraying it as a two-on federal budgetary and fiscal outcomes. Rather than portraying it as a two-party game between Congress and the president, each with monolithic policy preferences, we view GRH as a multiparty negotiation game among advocates of different programs and agencies. In this game, agencies subject to sequestration and their congressional advocates have an incentive to reach a budget accord, while those exempt from sequestration do not. Consistent with this argument, we find that GRH has restrained outlays for nonexempt programs and that exempt programs have, if anything, experienced more rapid growth. Overall, GRH is estimated to have restrained outlays by $59 billion by fiscal 1989, and to have restrained outlays more effectively after the 1987 modifications in the Act. The Gramm-Rudman-Hollings Act signals another phase in the decade-long struggle between the White House and Congress over public spending priorities. Our final counterfactual analysis suggests that GRH partially returned federal fiscal and budgetary relationships and priorities to those that prevailed before Reagan.     

THE EXTENT OF SOCIAL REGULATION: HAZARDOUS WASTE CLEANUP AND THE REAGAN IDEOLOGY

Social regulation resolves the conflict over who will bear the costs of production-related harm to public health, safety, and the environment. The extent of social regulation reflects the political power of affected interests, the economic consequences of control, and the prevailing regulatory ideol- ogy. In this paper, I analyze the impact of the Reagan deregulatory ideology on implementation of the Superfund program to cleanup hazardous waste sites. Itesolution of the conflict over enabling legislation is examined to gauge the relative political power of Superfund Act supporters. Resolution of the ronflict over implementation is examined to determine the extent to which these same political forces limited the success of the Reagan ideology in promoting regulatory inaction.     

"PUBLICITY" AS A PROBLEM IN THE INTERNAL VALIDITY OF TIME SERIES QUASI-EXPERIMENTS

Scholars who work with time series quasi-experiments have identified "publicity" as a problem in the interpretation of such research designs. The present study utilizes three examples of the role of publicity in three social interventions: the Romanian abortion restriction of 1966; the British breathalyzer crackdown; and, the 1978 Georgia Status Offender Act. The authors conclude that publicity is most likely to be a problem in internal validity when (1) the intervention is not truly abrupt and (2) a broad "policy" is evaluated as opposed to a "program."