中欧法学院：监管法中的共同原则（PPT讲稿）Common Principles in Regulatory Law（Module VIII - Law of Regulation）

china- EU School of law中欧法学院 Af the China University of Political Science and Law 政法大学 Common Principles in Regulatory Law Part l Lectures: Dr. Marie Nioche Tutorials: Rafael Amaro Module Vill-Law of Regulation

1 Common Principles in Regulatory Law Part I Lectures: Dr. Marie Nioche Tutorials: Rafael Amaro Module VIII - Law of Regulation

Common Principles in Regulatory Law Chapter 1- Principles of regulatory Law in Regulatory states I - Founding Principles s 1-The Emergence of Competition Law as General Regulatory Law 52- The Emergence of Sectorial Regulatory Law 5 3-Why Regulate?-The Foundations of Public Action I-Principles Governing the Regulation Process s 1-Regulatory Agencies and the Independence principle 52-Principles Governing Regulatory Agencies' Action Chapter l- principles of regulatory Systems in Post-Regulatory States I- Multiplication of regulation Levels §1- Global regulation s 2- The Increase of Private Self regulation 53- The Increased Regulatory Function of Private Law IL. Private Enforce ment of Regulatory law 5 1-The U.S. Regime of Private Enforcement of Regulatory Law the Most Fully Developed among Modern Systems 5 2-The Emergence/development of Private Enforcement of Regulatory Law in Europe

2 Common Principles in Regulatory Law Chapter I – Principles of Regulatory Law in Regulatory States I - Founding Principles § 1 – The Emergence of Competition Law as General Regulatory Law § 2 - The Emergence of Sectorial Regulatory Law § 3 - Why Regulate ? - The Foundations of Public Action II – Principles Governing the Regulation Process § 1 – Regulatory Agencies and the Independence Principle §2 - Principles Governing Regulatory Agencies’ Action Chapter II – Principles of Regulatory Systems in Post-Regulatory States I – Multiplication of Regulation Levels § 1 - Global Regulation § 2 – The Increase of Private Self Regulation § 3 - The Increased Regulatory Function of Private Law II. Private Enforcement of Regulatory Law § 1 – The U.S. Regime of Private Enforcement of Regulatory Law: the Most Fully Developed among Modern Systems § 2 – The Emergence/development of Private Enforcement of Regulatory Law in Europe

Common Principles in Regulatory Law Introductory Remarks Regulatory law aims at controlling distortions of competition in the market (market failures protecting participants in the markets guarding against undesirable external effects of markets such as pollution

3 Common Principles in Regulatory Law Introductory Remarks Regulatory law aims at: ➢controlling distortions of competition in the market (market failures) ➢protecting participants in the markets ➢guarding against undesirable external effects of markets, such as pollution

Regulatory Law: increasingly important, as the markets have been lib eralized The state has diminished its reliance upon publicly owned assets for the delivery of public service and has tried to use privately owned companies to provide equivalent services to the public However, the state has left a vast body of economic and social regulation firmly in place

4 Regulatory Law: increasingly important, as the markets have been liberalized The state ➢ has diminished its reliance upon publicly owned assets for the delivery of public service ➢ and has tried to use privately owned companies to provide equivalentservices to the public However, the state has left a vast body of economic and social regulation firmly in place

order to ensure competition and fair dealing but also to reach goals that competition in itself could not reach the states have created elaborate regulatory apparatus to control the operations of the private companies

5 In order: • to ensure competition and fair dealing • but also to reach goals that competition in itself could not reach… …the states have created elaborate regulatory apparatus to control the operations of the private companies

The privatizing states have become regulatory states The States have deployed public law to exercise some continuing degree of regulatory authority over the privatized activities

6 The privatizing states have become regulatory states The States have deployed public law to exercise some continuing degree of regulatory authority over the privatized activities

The newly-regulating states justify regulation, by the consideration that the previously private activity is "affected with a public Interest and that the private regime would not serve this public interest sufficiently well

7 The newly-regulating states justify regulation, by the consideration: • that the previously private activity is "affected with a public interest" • and that the private regime would not serve this public interest sufficiently well

The resulting system: an hybrid system of markets and regulation In regulatory states", regulatory systems are complex systems, often involving independent regulatory agencies However, regulatory systems have been criticized for being no more efficient and effective than the publicly owned enterprises that preceded them

8 The resulting system: an hybrid system of markets and regulation • In “regulatory states”, regulatory systems are complex systems, often involving independent regulatory agencies • However, regulatory systems have been criticized, for being no more efficient and effective than the publicly owned enterprises that preceded them

The regulatory space: under continuous redefinition both in Europe and worldwide Globalization have substantially modified the markets the regulatory goals the efficiency of the various regulatory devices

9 The regulatory space: under continuous redefinition, both in Europe and worldwide Globalization have substantially modified: • the markets • the regulatory goals • the efficiency of the various regulatory devices

The emergence of new regulatory forms in the european union and in the united States Multiplication of regulation levels Global regulation and european union regulation The Increase of Private regulation and self-regulation The Increased regulatory Function of Private Law Private Enforcement of regulatory law

10 The emergence of new regulatory forms in the European Union and in the United States ➢Multiplication of Regulation Levels • Global Regulation and European Union Regulation • The Increase of Private Regulation and Self-Regulation • The Increased Regulatory Function of Private Law ➢Private Enforcement of Regulatory Law