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An advertisement broadcast in Burkina Faso for an insecticide did not reveal its health risks. The national media regulator published a decision on September 6, 2011 ordering that it be taken off the air and “requested” that the media refrain from broadcasting advertisements dangerous for human health and dignity.

Main information

An advertisement broadcast in Burkina Faso for an insecticide did not reveal its health risks. The national media regulator published a decision on September 6, 2011 ordering that it be taken off the air and “requested” that the media refrain from broadcasting advertisements dangerous for human health and dignity.

 

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.

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.

The regulator of telecommunications of the Venezuala also controls the television channels. In October 2011, it heavily punished by a fine Globovision channel for how it had reported mutiny. The company has not paid the fine. Seized by the regulator, the Supreme Court of justice ordered the freeze of assets of the company for $ 5.6 million as long as execution would not be made. The following day, June 29, 2012, the fine was paid. It is not sure that democracy has its account.

As in all systems of telecommunications in the world backed to a liberalized market, the one organized in India foresees the granting of licences to operators. It is the Government that allocates licenses, but it is the regulator (the Telecom Regulatory Authority of India - TRAI) that provides the financial terms to set the price of the licenses. On May, 2 2012, the regulator has proposed to use the auction method. The association of operators protested. This method led indeed generally priced higher than other methods of pricing of licenses assigned.

The repression is inseparable from how to repress. This is why the procedural difficulties are indicative of underlying fundamental problems. Currently, the basic issue updated by the battles around the procedures of financial sanctions is about the sanction bais.

For the regulator, the penalty is one tool among others to regulate financial markets. The penalty in a continuum with its legislative powers, are its teeth and claws through which financial markets are developing. The purpose of financial policy justifies an objective repression with a probationary system often based on presumptions leading to impute breaches players in some positions on or financial markets. The regulator must have this card in hand and use it according to this method.

Moreover, if it happens that people commit reprehensible misconducts, perceived as such by the social group, they should be punished, possibly up to the prison. Only the criminal justice is legitimate to do so legitimately weighed down by the burden of proving intentionality, etc.

We must distinguish these two types of criminality. It is from there that the two procedures and two probationary systems can take place at the same time but on different offenses.

For now this is not the case, as "financial misconduct" are only the carbon copy of "financial crimes" lightened loads of evidence that protected the defendant and who should answer for now twice.

Procedural problem? No, problem of criminalization, which won't be released by procedural solutions, the most hazardous being to create a new institution, the most calamitous being to weaken the system by removing one of the ways of prosecution. It is necessary to make distinctions in the offenses that are currently redundant.

Thus, repression as a regulatory tool used by the Regulator is in focus, but the real financial criminal law remains to be consolidated to achieve its own and classic goal: punish faults including through the prison.

There is no point in counting one by one the powers of a Regulator and add them to try to measure its power. We must measure what consideration the others have of the exercise of its powers it.

So it is with its advice power. Sometimes, in fact, its opinion is  worth as much as if it adopted the text itself, as those who read its comments are impressed. Sometimes, the Regulator may have taken a rational opinion, motivated and relevant, those to whom it is addressed don't care.

The result is often that the Regulator takes note of this weakness against which strictly within the framework of this opinion mechanism the regulatory body can do nothing,  but in a continuation of powers between the Ex Ante and the Ex post, because the area is an enclosed space, the diverse attitudes will be remembered, especially when the Regulator will be exercising its powers to resolve disputes or its power of sanctions. And there ...

Take the example of railway activities. The French Regulatory Authority of Railway Activities (Autorité de Régulation des Activités Ferroviaires - ARAF )) is a new regulator, in front of powerful actors, where the State has interests. The fact that these interests are legitimate don't remove the weight that such integrated public operator is facing the regulator. On 27 November 2014, ARAF expressed negative opinions about the main draft decrees. January 6, 2015, the Autorité de la Concurrence  (French Competition Authority) has also made a critical opinion, including in its discontent and the law of "Railway Reform" and the draft decrees.

February 11, 2015, 7 decrees implementing the February 10, 2015 have been published. Adverse opinion on three of them by the regulator (ARAF) were swept away. We can admit quite, both regarding the Competition Authority opinion, since we are in terms of regulation and not in the simple competition system, and about ARAF opinion because its opinion is only a consultative and executive power remains in line with the will of Parliament. It's almost as if the Regulator had not said  a word.

Thus, under the hierarchy of norms, in the letter and in spirit, the decrees are in line with the law they enforce. No blame.

But it is not excluded that the regulator of rail activities can remember of having been so little after, when it must be considered as a kind of judge in civil functions (dispute resolution) and in punitive functions  (sanctions) that almost the same will appear before the regulatory body.

 

 

Through the publication of a new regulatory framework by Postcomm, the British Postal Services Commission, on May 27, 2010, Postcomm outlines its plans for regulating the postal sector in the years following 2012. This framework plans to adapt postal regulation to allow {Royal Mail} to profitably fulfill its Universal Service Obligations faced with drastically declining mail volumes and increased competition.