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Mr Al Danino

  • Overview

    Overview

    Biography

    From teaching to music to corporate world and back again best describes my career. Following 35 successful years holding senior management and company directorships in such diverse sectors as Music Publishing, International Trade, Financial Services and IT, I retired in 2018 and I now tutor at Birkbeck on a part-time basis.  During my working career and thanks to Birkbeck I made time to gain an LL.B in Law (First Class) winning the Hogan Lovells prize for Best Company Law paper in 2010. I followed this with a Masters in Research with Distinction specialising in EU financial regulations as well as a Post Graduate Certificate in Teaching here at Birkbeck. I am indeed a product of this great educational institution.  Whilst I specialise in Contract Law I simply enjoy coaching our first year students.  You could say I have gone full circle.  

     

    Highlights

    • "Unintended Consequences" research into the spiillover effect in EU Financial Regulations published as a two part article in the UK's Wealth Management Quarterly Review Journal in 2014

    Qualifications

    • M.Res (Distinction), University of London, 2012
    • LL.B (First Class), University of London, Birkbeck, 2010
    • Graduate Certificate in Teaching & Supporting Learning in Higher Education, University of London, 2015
  • Research

    Research

    Research interests

    • Democratic deficits and the Rule of Law

    Research overview

    The generally accepted concept of spillover in the context of the European Union (EU) refers to a process by which Member States, working collaboratively in order to achieve a particular policy goal, create unintended consequences which can impact upon other policy areas.  The primary academic argument is that these spillovers or “unintended consequences” create democratic deficits. 

    This research expands upon my earlier works by exploring the issue of liabilities caused by EU financial regulatory policy arising from the legal application of the common law concepts of intention and foreseeability.  By considering and comparing the process of judicial review under the common law and the EU treaties I explore how, if at all, these democratic deficits could be ameliorated, for example, by establishing possible cause of action.  In doing so my intention is to further inform this area of legal research, in particular, when contrasted with the moral-legal individualism, that characterises the traditional common law legal discourse on intention and foreseeability.

     My thesis statement therefore states that if EU financial regulations cause unforeseen consequences and intent is given a broad definition to include events that are highly likely then if these spillovers and the resulting democratic deficits could be shown to have been foreseeable, the inevitable conclusion must be that they are not “unintended” but “intended” consequences.  If so what liabilities arise under EU law and could the legal application of the common law concepts of intention and foreseeability be applied in order to establish possible cause of action against the EU

     My theoretical framework is framed within a legal socio-economic perspective.  In exploring this question my starting point is utilitarian theory from where I expand my investigation by considering how theories of economics and surveillance influence and inform the dialectics of the European Union’s financial regulatory policy with its citizens. 

    Given the nature of my question I add a fourth pillar to my theoretical framework by engaging in a broad examination of theories of intentionality must be considered as well as the treatment and practical application of intention under the common law.   This then leads me to explore and examine the treatment of the Judicial Review process both under the common law and the EU treaties culminating in an analysis of the main elements required before an action for damages can proceed.

    The methodology I use encapsulates a qualitative approach, presented through a series of case studies, in which I examine cause and effect and develop lines of argument and counter argument.  This is supported by reference to published works and articles as well as actual legal texts such as EU Directives, regulations and decisions.  I present these throughout the ensuing chapters in support of arguments and counter arguments thereby informing the academic debate relating to the central question of my thesis.

     

  • Supervision and teaching

    Supervision and teaching

    Teaching

    Teaching modules

    • Contract Law (LADD034S4)
    • Contract Law (Senior Status) (LADD058S6)