Feb. 17, 2015
Translated Summaries : 05. Energie
In regulatory law, municipalities are very important, as consumers but also as issuers standards. They can do this through contracts but also by unilateral standards such orders.
This power of municipalities is coming to a halt by the decision taken 17 February 2015 by the Supreme Court of the State of Ohio,, State of Ohio ex rel. Jack Morrison Jr., Law Director for City of Munroe Falls, Ohio v. Beck Energy Corp.
Indeed, a municipal law had made provisions for imposing rules on location, drilling and well operations and gas. These provisions were contrary to the law of the State of Ohio.
In its judgment of 17 February 2015, the state Supreme Court considers that this is enough to make the first non-compliant text of the Constitution because it is not possible for a local authority to exercise normative power by contradicting a state standard.
The stakes are certainly legal and lies in the implementation of the hierarchy of norms. But it is also political: in energy, due to the power of the operators, which is most likely not to be captured by the sector? The political power of the state or the political power of municipalities?
As suggested by one of the judges, must be taken into consideration which of the two powers depends most operators in the financing of campaigns.
Factual and determinant consideration, specific element of the US, an element which Kelsen couldn't think .....
Jan. 22, 2015
A simple question: be regulator, is it a profession?
As soon as one asks the question, it should be down. Indeed, the time has passed when the regulator was a natural person. Today, in most cases, the regulator takes the form of a Regulatory Authority, that is to say an entity with or without legal personality, incorporated in the State or professional.
Individuals appear as a member of the Authority, even if it is true that the President of the Regulatory Authority often has a very importan role!footnote-17.
The choice of Commissioners is crucial to the independence and effectiveness of the regulatory authority. It is appropriate that the person has "authority" over the area, must be respected and participates effectively in the collective action of the College.
Let us try to recall the two sets of criteria to determine how one thinks the "good regulator" before taking such case the appointment of Mr. Yann Padova as a new member of the College of the Commission de Régulation de l'Énergie (French Energy Regulatory Commission).
Updated: Sept. 10, 2012 (Initial publication: July 6, 2012)
Updated: May 29, 2012 (Initial publication: May 16, 2012)
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.