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Updated: July 2, 2012 (Initial publication: June 25, 2012)

Breaking news

On 25 June, 2102, The European Securities and Markets Authority (ESMA) published a project to regulate financial derivatives

On June 25, 2012, ESMA has published a draft text to regulate the market for over-the-counter derivatives, providing this text for consultation until September. It is of course ironic "regulating" a system of "over the counter", which consisting an oxymoron: a "over the counter regulated". This is why the European Securities and Markets Authority (ESMA) in a roundabout way. Firstly, its project aims at to bring transparency in the system, which it says that the dysfunction is related to the market is held primarily by bilateral relations between banks. Secondly, it envisages a system of warranties, failure of consideration, brings financial and banking regulation. Thirdly, it aims to better supervise the clearing houses, their status of which would be a "crucial operator" is better recognized.

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

Breaking news

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: April 21, 2011 (Initial publication: April 15, 2011)

I. Isolated Articles

I-1.28: Constitutional Law faced with Globalization's Regulators

Updated: Oct. 7, 2011 (Initial publication: Nov. 1, 2010)

Authors

LIU, Yaping

Yaping Liu is an associated professor at Sun Yatsen University (China). She is currently the executive editor of Public Management Review (China), director of department of Public Administration in Sun Yatsen University. (...)

Updated: May 14, 2012 (Initial publication: May 7, 2012)

Breaking news

The China Securities Regulatory Commission (CSRC) gave on May 4, 2012 his approval for an initial public offering of China Postal Express & Logistic, Chinese subsidiary of the postal service.

China begins to emerge from an administered economy. This applies as well to public services as to its method of financing of the economy. That is why is noteworthy the decision of listing of the subsidiary of Chinese subsidiary of the postal service, dedicated to postal express and logistic. Indeed, the Chinese financial regulator, the China Securities Regulatory Commission (CSRC) admitted on 4 may the listing of this one on the Chinese financial market. But, not only the purpose is to list an activity, certainly competitive, but organically attached to a public service, but also it's about to list a very important company. This occurs, and then while few Chinese companies are currently listed. In a single event, a double movement occurs: confidence in the mechanism of the financial market and the growing liberalisation of public services.

Updated: June 11, 2012 (Initial publication: May 23, 2012)

Breaking news

The Department of Justice of the United States takes position for legislation intra-State concerning online gambling, other than sports betting. State laws are currently restrictive.

In the Unites States, the Federal Act, the Interstate Wire Act, is now performed by the Department of Justice as that only prohibiting sports betting and not poker online. In addition, States have to make arrangements if they want to liberalize the game of poker online. In February 2012, there is that many States have explicitly maintained the ban, only having liberalized and permits issued for Nevada.

Updated: May 9, 2012 (Initial publication: April 20, 2012)

Breaking news

The Algerian Telecommunications Regulator prohibits promotional offers for prepaid contracts of subscriptions including mobile terminal

The Algerian population is heavily access the mobile phone. Operators had designed special offers, including the terminal itself and a "pre-paid" said contract, the subscriber having a consumption credit, thereby decreasing by the use. The Algerian Telecommunications regulator, by a decision of March, 7 2012, has purely and simply prohibits this type of offer, while she oversees other type of promotional offers. This prohibition is criticized in that it breaks the dynamics of the market, 95% of the customers do not have the opportunity to access to another service than prepaid subscription and being excluded from access to the mobile terminals. It is advocated by others, that only subscriptions giving rise to payment after the use correspond to a mature market, with creditworthy customers and more complex services. The regulator did not intend to speak on this issue.

Updated: Feb. 11, 2011 (Initial publication: Feb. 2, 2011)

Books

III-1.5: Recherche sur la notion de régulation en droit administratif français [Research into the notion of regulation in French administrative law], by Laurence Calandri

The ambition of this thesis is to identify the notion of regulation, but strictly limits itself to French administrative law. To do this, the author skilfully identifies the 'act of regulation', created by Independent Administrative Authorities to effectively carry out their regulatory tasks. This is both a functional definition, using the notion of 'mission', and a methodological one, with its permanent reference to Independent Administrative Authorities.

Updated: May 9, 2012 (Initial publication: April 12, 2012)

Breaking news

The Italian Ministry of Economic Development said the frequencies of terrestrial digital television will be auctioned

On April 10, 2012, the Italian Ministry of Economic Development, Mr Corrado Passera, declared that the frequencies of digital terrestrial television (DTT) have a significant economic value and that it is not fair that the State, which owns it, gives them for nothing. This is why Mr Corrado Passera will implement the policy decision announced by the Council President, Mario Monti, who want to organise auctions to sell these frequencies to the highest bidder. "The auctioning will be made by frequency packages". The model of auctioning will be the same as that followed for the 4th generation mobile phone frequencies. In France, the frequencies are sold in telephony, but not in audiovisual material.

May 15, 2012

03. French Council of State

May 15, 2012, Association Vent de colère! Fédération nationale et autres, n°324852

Complete reference: CE, May 15, 2012, Association Vent de colère! Fédération nationale et autres, n°324852

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