Search results (300 cards)

Advanced search

The price in Law. From Contrat Law to Regulatory Law.

The regulator of telecommunications and media in United Kingdom (Ofcom) published on, June 6, 2012 a report to measure media pluralism. In response, the State Secretary Jeremy Hunt writes on June 18 letter to the chairman of Ofcom, Colette Bow, for him make comments, astonishments, suggestions and remind him of the prerogatives of the Secretary of State in the matter. The set is made with the friendliness that fits between friends that are written and signed by their first names, formulas are in conditional tense in being enveloped in a respectful classicism, which is the form taken by the confrontation between the executive and the regulator. Tension is always high, whatever form it takes, when it comes to media.

The real economy is entirely financiarized, it is the same for the oil economy. This is why the G20 has asked to the "Organisation internationale des commissions de valeurs" - OICV (International Organization of Securities Commissions) to reflect back on how oil markets could be regulated, what they are currently not, because the market remains an over-the-counter market. Financial regulators, in a report published on June 12, 2012, suggest that at least the information be controlled, fluctuations in the price of a barrel are reviewed and the functions of "the information agencies," should be inspected, but also the role of traders that communicate them information. Regulation, so shy it is, starts with information. On the matter of oil, transparency is not expected and geopolitics often excludes it.

ENGLISH

After a video recording of his first conference devoted to the relations between Regulation and Supreme Courts, The Journal of Regulation published a book on the future of the audit, based on another conference. This present document, written in French worked with KPMG, from conference co-hosted with this company and the "Ecole de Droit de la Sorbonne", is devoted to the debates around banking regulation and its impacts. The challenge is to enable the persons concerned, that is to say to all citizens to express their opinion on an issue that concerns them directly, but whose technical dimensions, real or serviced, stand them aloof.

 

FRENCH

Après sa vidéo retraçant sa première conférence consacrée aux relations entre la régulation et les Cours suprêmes, le Journal of Regulation a publié un libre sur L’avenir de l’audit, consacré sur la conférence suite. La présente publication, écrite en française, élaborée avec KPMG, à partir de la conférence organise avec celle-ci et l’Ecole de Droit de la Sorbonne, est consacrée aux Débats autour de la régulation bancaire et ses impacts. L’enjeu est de rendre les personnes concernées, c’est-à-dire tous les citoyens, aptes à exprimer leurs opinion sur un sujet qui les concerne tous directement mais dont la technicité, réelle ou entretenue, les tient à l’écart.

This is the drama of the summer and the case of the Mistigri: in what game drag one that will drop the player? Indeed, it pretends to discover that the purely declarative Libor system works by the good of those who declare, namely the banks. If one day a child said that the King is naked... This day was June 28, 2012, when the Financial Services Authority condemned the Barclays for manipulation of course. Since then, is the head, the bulk of support as the other? Thus, the FSA condemns. Well takes it, since the Government asked him to consider a reform of the Libor. On 10 August, the FSA makes first conclusions, to an increase in the powers of the FSA. But the English Parliament responded on 18 August, stating that if the FSA had a little more control this before, nothing would have occurred. Oh, what beautiful summer...

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.

In Luxembourg, a regulator is especially in charge of "cybersecurity". The Cyber Security Board, created by the Act of February 27, 2011, on networks and electronic communications services has been implemented in July 2011. It is chaired by the Ministry of communication and media. On June 4, 2012, this regulator met on 4 June 2012. Based on the law that requires access providers to prevent and manage risks to ensure cyber security, the regulator decided to create a single window to centralize information on the cyber security incidents, information transmitted by the citizens, the regulator then transferring this information to companies for them to take adequate measures to fight the risk against security.

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).