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Updated: June 11, 2012 (Initial publication: June 13, 2012)

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Release Work : How Well Do Federal Regulations Actually Work? The Role of Retrospective Review

Complete reference : Randall LUTTER, How Well Do Federal Regulations Actually Work? The Role of Retrospective Review, Mercatus Center, Working Paper - April 2012, 26 p.

Updated: June 8, 2012 (Initial publication: June 3, 2012)

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British law binding sites to inform the user of the collection of cookies came legally into application on May 25, 2012. Some people say it technically impossible to meet.

A "cookie", so named because its shape recalls the shape of the cake, allows a site to remember the tastes of the user through visits and purchases which he made and decide to reuse this information. A European directive decided to limit these practices, the English legislature has provided the obligation for sites to warn the user that connects that a cookie identifies him and agrees of this acquisition of personal information, the justification for the Act is the protection of personal information that a third party data protection may thus have without the consent of the person concerned. The Act came into application in the United Kingdom on May 25, 2012. Some companies they say it technically inapplicable, both as relevant information to justify the application of the consent form and what form the consent of the user should take. They are more concerned because the entire device is subjected to penal sanctions.

Updated: June 8, 2012 (Initial publication: June 1, 2012)

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The European Central Bank says on May 31, 2012, the need for a European unified banking supervision.

On 31 May, 2012 Mr Jörg Asmussen member of the Executive Board of the European Central Bank, said at a Conference behind closed doors in Frankfurt that the situation of Europe requires the establishment of an integrated supervisory banking in the euro area on the more systemic banks, which we can assess the number to 25. To do this, they should be supervised directly by a supranational regulatory authority and not by their national authority. Reuter was in favour of this statement. The European Central Bank spokesman confirmed the quote.

Updated: June 4, 2012 (Initial publication: May 29, 2012)

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Spanish tax services included payment of taxes one of the approval conditions of the operators of online games.

In Spain, the liberalization and legalizalisation of online games, provided by the Act for January 2012, was postponed in June 2012. The licensing by the regulator is in preparation. These licenses may relate to all kinds of games including sports betting and casino games, excluding slot machines. But the Spanish tax services informed that an implied condition of approval of an operator candidate for obtaining a licence existed: payment of taxes due in Spain. However, many companies, whose headquarters is located in another country, have high arrears of taxes calculated by the administration. It can be noticed that the fiscal interests of the States is a key element in the regulation of the games, that can interfere with the mechanism, which appears however distinct from the approval by the regulator.

Updated: June 4, 2012 (Initial publication: May 27, 2012)

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The European Union regulation 19 April 2012 creates the European Observatory on Infringements of Intellectual Property Rights, established in May 2012.

In 2009, a European Observatory of counterfeiting and piracy was established. In May 2012, the European Observatory on Infringements of Intellectual Property Rights took its place, by the effect of a European Union regulation on 19 April 2012. This Observatory has the purpose to improve the understanding of the value of the rights of intellectual property, to measure their effectiveness and to promote the approximation of the laws of the Member States in this area. To do this, it organises meetings between administrations and the private sector and collects information about the laws and applicable case-law. States have to inform him.

Updated: June 4, 2012 (Initial publication: May 22, 2012)

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The Gambia telecommunications regulatory authority prescribed as mandatory the identification of subscribers to the mobile phone. The deadline for the declaration expires June 15, 2012.

The Gambia has 1.7 million inhabitants and 4 mobile operators. It was common that people use prepaid cards purchased on the street, without revealing their identity. In January 2012, the telecommunications regulatory authority, the Public Utilities Regulatory Authority (PURA) enacted the obligation to identify the holder of a mobile phone; this declaration must be made before June 15, 2015. It is not possible since January to buy prepaid SIM cards and from June, if the identification is not made, the line will be suspended. Associations are protesting, seeing in this device a mechanism for monitoring of the population.

Updated: June 1, 2012 (Initial publication: May 24, 2012)

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The French telecommunications regulator launches on May 16, 2012, a consultation on its report to the Parliament on the neutrality of the Net. It will be closed June 22, 2012.

The French regulator of telecommunications (The French regulatory authority of telecommunications and Posts - ARCEP) has developed a draft report to the Parliament and the French Government on the issue of Internet neutrality. By providing it to everyone on its site on May 16, 2012, the regulator opens a public consultation, which will be closed on June 22, 2012. The regulator said that the Internet is a "collective good of general interest" and that the increase in its use requires very significant investments. It is in this context that the question of the neutrality of the Internet must be discussed.

Updated: June 1, 2012 (Initial publication: May 26, 2012)

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The Swiss postal regulator submitted its annual report on May 14, 2012. The opening to competition remains low. The next regulator, the PostCom, will have more power to encourage it.

The postal Regulation Authority (PostReg) is an independent body attached to the Federal Department of the environment, transport, energy and communication (DETEC). It has the mission to assess the liberalisation of the sector and its proper functioning. In its report presented on May 14, 2012, it notices first of all the satisfactory quality of the service provided by the Post, since not only the mails but the packages arrived on time. But concerning the openness to competition, the monopoly held by the Post on the mail lets him maintaining a dominant position on the market of the package. The regulator said that the law already adopted will establish a new authority, the Commission of Post (PostCom) which will further promote new entrants.

Updated: May 29, 2012 (Initial publication: May 15, 2012)

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The French telecommunications regulator opens proceedings against the operator that just obtained a mobile licence 4 G, virtual mobile networks operators (MVNO) complaining that FREE which is committed to accommodate them will require the payment of a price of wholesale higher than a retail price, which is contrary to the competition goal.

The Autorité de régulation des communications électroniques et des postes (ARCEP - French regulator of Telecommunications and Posts) granted a licence for a new entrant, Free, what was widely challenged. This allocation was made in exchange f a number of commitments of recipient, especially towards the virtual mobile networks operators (MVNO). Indeed, FREE must allow them to use its facilities and its authorisation, the satisfaction of the commitment which has the effect of fostering competition in the mobile phone market. However, some virtual mobile networks operators (MVNO) complained that Free would not respect its commitments in that the offer of host that FREE have made in exchange, of a higher price of retail price, which is contrary to the principle of opening up competition. The regulator opens proceedings against FREE.

Updated: May 29, 2012 (Initial publication: May 16, 2012)

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A report of the Indian Parliament concluded that there is collusion between pharmaceutical laboratories and the service which permits the placing on the market of drugs (Central Drugs Standard Control Organization - CDSCO). The Indian Government said on May 10, 2012 that he would initiate an investigation.

In India, a special Department of the Ministry of Health control the drug sector and issue market authorisations for medicines, the Central Drugs Standard Control Organization (CDSCO). A report of the Indian Parliament has concluded that responsibilities within the Organisation had not respected the rules of regulation and not required that drugs are subject to mandatory tests before issuing to them an authorisation on the market, and even if some of them are banned in other countries. The conclusion of the report is that such a breach cannot be only explained by collusion between regulator and pharmaceutical industry. The Government will initiate an investigation.

Updated: May 29, 2012 (Initial publication: May 17, 2012)

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The F.B.I. is developing what could become a Bill to allow interceptions of oral communications via the Internet.

In the United States, the Communications Assistance for Law Enforcement Act (CALEA), on 1994 allows some services of the State which justify it, in particular the F.B.I, to carry out telephone tapping. But the technology also allows the transmission of voice by other means than the phone, especially via the Internet. However, wiretapping as a threat to individual liberties, only an Act may extend the powers of listening, on the phone on the modes of transmission of voice on the Internet. In this view, the F.B.I. is developing which is intended to become an extension of the Act of 1994.

Updated: May 29, 2012 (Initial publication: May 18, 2012)

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A study commissioned by the British Regulatory of Healthcare related to a scandal such as PIP implants was published on May 14, 2012

In the United Kingdom, the Medicine and Healthcare Products Regulatory Agency, by noting the wrongdoing of the scandal of the Breast implants PIP and the clumsy way in which this type of scandal, alarming the population, had been resolved by health authorities, has commissioned a study in January 2012 to analyse this crisis and learn from it behavior lessons for similar crises. On May 14, 2012, the report was published. This report advised the regulator, when it is faced with this type of crisis, to expand its sources of medical information before making provisions, that it didn't do sufficiently. The regulator must also communicate as much as possible with the victims on the one hand (first circle) and the public (second circle) to give information, reassure and encourage good medical behavior.

Updated: May 29, 2012 (Initial publication: May 19, 2012)

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Release Work : Enforcement of Transnational Regulation. Ensuring Compliance in a Global Word

CAFAGGI, Fabrizio (ed.),Professor of Comparative Law, European University Institute, Italy. Elgar Publisher, 2012, 400 p. Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.

Updated: May 29, 2012 (Initial publication: May 20, 2012)

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The European Parliament votes a strengthened version of the text on the capital of banks (Basel III) and limits the remuneration paid to the CEO.

The European Parliament, which according to the co decision procedure, must vote the text of directive, until the Council of European Ministers doing it, examined the draft of the Directive on Basel III standards on May 14, 2012. On prudential standards, he planned to leave the States free to adopt higher minimum requirements. In addition, it imposed that the bonus paid to the CEO didn't attain a higher price than their fixed compensation.

Updated: May 29, 2012 (Initial publication: May 21, 2012)

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The North American Senate approves the appointment by the President of the United States of two new members of the US Federal Bank, appointments that it blocked so far.

The Executive Board of Governors of the North America Federal Bank had only four governors on seven seats established. But two people, Jerome Powell (Banker), and Jeremy Stein (Economist) appointed by the President of the United States Barak Obama, could not take their function, because their appointment in December 2011, was not approved by the Senate. It was enough that two parties will disagree with each other, while Mr. Powell is Republican and Mr. Stein is democratic, to paralyse the whole because of the willingness of opposition of the Republican Senator David Vitter. The JP Morgan case led the two parties to an arrangement and the appointments were approved by the Senate on May 18, 2012.

Updated: May 29, 2012 (Initial publication: May 25, 2012)

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Release Work : Regulation and Economics

Edited by Roger J. Van den Bergh, Professor of Law and Economics, Alessio M. Pacces, Professor of Law and Finance,University Rotterdam, European Corporate Governance Institute (ECGI). Snd ed., Elgar Publisher, 2012, 800 p. Richard A. Posnor presents this collective book : "This book of essays on the economics of regulation is comprehensive and authoritative, and is particularly noteworthy for its emphasis on European as well as American regulatory methods. The international perspective is important because of the long history of regulatory failures on both continents, the increasing integration of the economies of both continents, and the resulting need of both regulatory cultures to learn from each other.".

Updated: May 29, 2012 (Initial publication: May 25, 2012)

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In France, the "Conseil d'Etat" (French State Council) in a judgment of 24 April 2012 canceled sanctions imposed on two managers of investment funds, although its admission of the evidence of the breach of insider by presumption

On January 30, 2010, the "Commission des sanctions" (Sanction Commission) of the French Financial Markets Regulator ("Autorité des Marchés Financiers" -AMF) has sanctioned, by administrative fines, two fund managers to have used inside information, what constitutes a breach of insider trading prohibited by the "Code monétaire et financier" (French Monetary and Financial Code). On Field probation, the "Conseil d’Etat" (French State Council) admits that without direct evidence, the regulator may settle for a body of evidence from which it follows that the action on the market of those prosecuted may restrict explained by the detention of the information in question. But concretely, the Council of State considers that the only information provided to managers do not back the transaction (an IPO) and do not constitute an implicit revelation. The sanction decided by the regulator is broken.

Updated: May 23, 2012 (Initial publication: May 9, 2012)

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The "Agence Nationale de Sécurité du Médicament" (ANSM- French National Agency for Safety of Medicinal Product) replaced the 1st may 2012 the Agence française de sécurité sanitaire des produits de santé (Afssaps) (French Agency for the Safety of Health Products).

In response to the scandal of the drug called the" Médiator", politics, believing that the regulatory authority of medicinal product had not correctly done his job, responded by an act on December, 29 2011 providing the replacement of Agence française de sécurité sanitaire des produits de santé (Afssaps-) (French Agency for the Safety of Health Product) by The Agence Nationale de Sécurité du Médicament (ANSM) (National Agency for safety of medicinal product). The implementing decree organising the regulatory authority was released on April 29, 2012, that allowing the effective implementation of the new authority on the scheduled date: 1 may 2012. There is continuity between the two authorities: it is the same Professor of medicine who is the executive chairman, who was appointed at the head of the Agence française de sécurité sanitaire des produits de santé (Afssaps-) (French Agency for the Safety of Health Product) following the case of the" Médiator", and became the executive chairman of the (National Agency for safety of medicinal product). But the new authority must strengthen its own expertise; this allows therefore an increased autonomy to avoid capture by asymmetry of information for the benefit of pharmaceutical laboratories. The new Act also wants to avoid the links of interests, which lead to the same result of ineffectiveness of the control, and with a focus on transparency as an operating principle.

Updated: May 22, 2012 (Initial publication: May 28, 2012)

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Release work : RODRIGUE, Léa, Les aspects juridiques de la régulation européenne des réseaux (English translation : Legal aspects of European regulation networks)

In its thesis, the author shows the legal side of the opening to competition in the telecommunications, postal services and energy sectors. The analysis is conducted at European level and not at national States level. The author not only highlights the decisive role of the European Commission, which obtained the consent of the national bodies through co-regulation, but the book highlights a distinct European institutional dynamics. This takes the form of European sectoral agencies, which could become in the future regulators. Strengthening European can in the future, according to the author, take the form either of a even stronger involvement of the European Commission, or a consecration of these European sectoral agencies emerging.

Updated: May 21, 2012 (Initial publication: May 2, 2012)

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The Council of Finance Ministers of the European Union member states meets to discuss about the transcription of Basel III in a Directive.

Prudential rules on the own funds of banks adopted by the Basle Committee are biding as soon as they will be transposed in a binding legal text. The new rules of Basel III must take the force of a European directive. This gives rise to a new discussion, nor between the central bank governors (as in Basel), but between Finance Ministers of the European Union member states, in Brussels. On this occasion, each State defends the interest of its banks; the rule advocated by him corresponds to its banking structure or its type of banking business. In any case, the banks, anticipating the application of Basle III, have already integrated the prudential requirements in their accounts, hoping that their State will preserve it.

Updated: May 18, 2012 (Initial publication: May 12, 2012)

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The Chairman of JP Morgan announced on May, 10 2012 a very significant loss on hedging activities of the bank, which makes to anticipate a tightening of bank regulation requirements.

After the close of financial markets , the Charmain of JP Morgan, Jamie Dimon, announced on 10 may 2012, the loss of 2 billion dollars on hedging activities. The announcement was carried out by a conference call, the Chairman saying the past that this is the result of errors of assessment and in the future that losses may increase. Commentators have pointed out that it made less legitimate criticism that this Chairman has always made on the regulation of banking of the Dodd-Frank Act and the ban of trading for own account, the press considered moreover that the manager has more shown by such a result the need of constraint to exercise in the future on banks. But should we have to confuse ad hoc case and the general rule to adopt? Is relevance of a critic and special case in which is described that is one was critical can be remain relevant?

Updated: May 18, 2012 (Initial publication: May 13, 2012)

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Haiti is working on the adoption of a system of insurance regulation.

The Government of Haiti will refer to Parliament so that a regulation Act of the insurance industry could be adopted. So far, it was quite undeveloped. Such a law is expected to facilitate its development without risk. These prospects have been raised in a symposium held in Haiti on May 11, 2012.

Updated: May 15, 2012 (Initial publication: May 11, 2012)

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On May 4, 2012, OFCOM awarded four new community radio licences

On May 4, 2012, Ofcom announced the award of four new community radio licences for services in the south west of England. Community raido service are provided on a not-profit basis focusing on the delivery of specific social benefits tot a particular geographical community or a community of interest. The new awards mean that 251 community radio licences have been awordes for four services in Cornwall and Devon. Some radio services are about health thematics or weillbeing and lifestyle topics, others provide community radio services, for example to villages.

Updated: May 14, 2012 (Initial publication: May 14, 2012)

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Work release : Le droit des noms de domaine (English translation : The domain names Law)

Domain names are subject to autoregulation. They are shaped by private contractual standards. This very broad and specific work gives all the rules and compares the legal systems. It includes numerous useful appendices, eg the relationship between ICANN and the registries of national top level domain names. The book also provides bibliographic information.

Updated: May 14, 2012 (Initial publication: May 10, 2012)

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Release work : LEVI-FAUR, David, Handbook of the Politics of Regulation

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