The Peer Review Process of the Global Forum on Transparency and Exchange of Information for Tax Purposes: A Critical Assessment on Authority and Legitimacy

17 Pages Posted: 14 Dec 2017

See all articles by Leo Neve

Leo Neve

Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: December 11, 2017

Abstract

The Global Forum on transparency and exchange of information for tax purposes has undertaken peer reviews on the implementation of the global standard of exchange of information on request, both from the perspective of formalities available and from the perspective of actual implementation. In the review reports Global Forum advises jurisdictions on required amendments of regulations and practices. With these advices, the Global Forum exercises regulatory authority. The article assesses the legitimacy of the exercise of such authority by the Global Forum and concludes that the exercise of such authority is not legitimate for the reason that the rule of law is abused by preventing jurisdictions to adhere to due process rules.

Keywords: Global Forum on Transparency and Exchange of Information, exercise of regulatory authority, due process requirements, peer review reports, legitimacy

Suggested Citation

Neve, Leo, The Peer Review Process of the Global Forum on Transparency and Exchange of Information for Tax Purposes: A Critical Assessment on Authority and Legitimacy (December 11, 2017). Erasmus Law Review, Vol. 10, No. 2, 2017, Available at SSRN: https://ssrn.com/abstract=3087255

Leo Neve (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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