Les députès du centre aux origines de la Troisième République française

SUMMARY

In this article Lothar Höbelt compares the political role of the Liberal parties in the Hohenzollern and Habsburg empires after 1867. Both started from a similar position, by granting a retrospective indemnity to their governments for their unconstitutional actions prior to 1866, in the expectation of reinstating constitutional government in which they would have an active role. The article then analyses the reasons why, by 1879 these expectations had been disappointed, but this led to different outcomes in the politics of the two empires. In the Hohenzollern empire, the Liberals eventually split permanently into a party of National Liberals, prepared to cooperate with government, and a progressive wing that tended to be in opposition. In the Habsburg empire, the Liberals remained united in a largely unsuccessful attempt to enforce parliamentary responsibility on the government. It is then shown how this outcome relates to the different ethnic and political structures of the two empires.     

Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of the UK Cartel Offence

On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA) entered into force, ensuring significant changes to the UK cartel offence. The criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted to secure the deterrence of cartel activity affecting the UK. Following almost ten years of enforcement, the cartel offence had failed to live up to expectations. Consequently, following a public consultation, it was reformed in substance. Section 47 ERRA, removed the (controversial) definitional element of ‘dishonesty’ from the offence, created a number of ‘carve outs’ from the offence, and created three additional defences. This article examines in detail the specific reforms of the cartel offence and argues that, although considerable improvement has been made, the UK offence is fundamentally flawed and unworkable in practice. Further reform is therefore advised.