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Updated: June 18, 2012 (Initial publication: June 10, 2012)

Breaking news

The European Commission launched the 1st June 2012 a consultation on the implementation of the European rules on State aid on public financing of broadband networks.

Guidelines are already emerging to what extents the financial supports provide by Member States to broadband networks are compatible with the principle of prohibition of State aid. The open public consultation launched the 1st June until September 3, is part of the more general approach of the Commission to change its guidelines for State aid and in the "digital strategy" of the European Union. It asked to those who respond to the consultation to have the concern to conceive aids to remedy market failures, to encourage investment and to introduce new players. By these signs, we measure it is a regulatory approach.

Updated: Feb. 10, 2011 (Initial publication: Feb. 6, 2011)

I. Isolated Articles

I-1.22: The burgeoning regulation of the market for CO2 emission allowances

Updated: July 19, 2011 (Initial publication: July 1, 2011)

Books

III-1.7: Les 100 mots de la régulation (Regulation in 100 words), by Marie-Anne Frison-Roche

In Les 100 mots de la régulation (“Regulation in 100 Words”), Marie-Anne Frison-Roche clearly and pedagogically identifies and defines the vocabulary of regulation by making sure, from the introduction, to firmly distinguish between regulation and rule making. Regulation is the maintenance of various balances between principles, rules, and economic and social realities. Rule making is the translation of a collective will emanating from lawmakers or judges, be they national, European, or international.

Updated: July 9, 2012 (Initial publication: June 30, 2012)

Breaking news

Venezuelan regulator of audiovisual (Conatel) had sanctioned the Globovision channel to a very heavy fine. "Tribunal Suprêma del Justice - (TSJ)" decided the freeze of all assets of the company in case of misfeasance, this one paid the fine on June 29, 2012.

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.

Dec. 2, 2015

Compliance and Regulation Law Glossary

Access

Access is a key concept in regulation since only a competitive market allows access for all to becom offerers and applicants. This is why regulations and regulators intervene ex ante to force access to natural monopolies, such as transport networks, for the benefit of other operators. Thus, Regulation compensates for market failures by imposing access. In addition to these access imposed for technical reasons, the Politics can still intervene to force for all access to common goods, such as culture, health, education, referring to the Social Contract. The foundation, political, is different.

Updated: June 19, 2012 (Initial publication: June 12, 2012)

Breaking news

On 7 June 2012, Michel Barnier, Member of the European Commission, responsible for Internal Market and Services, gave a speech about Financial regulation, fiscal consolidation, governance and growth

On 7 June 2012, in Copenhague, at the Institute of International Finance (IIF) analysed the impact of the new regulatory regime on banks, credit and systemic risk and the new challenges facing Europe. He took act that Zero growth is expected, european unemployemt is at 10%, many firms have difficulties to finance new projects and spending for innovation is down. I said that European leaders need to do more, even if they have already done much. They are obtaining a new fiscal compact, which requires very strict rules on government deficits and agreed on a close coordination of our national economic policies, notably though the "European semester" including a collective right to review the annual budget of each Member State before it is finalised. But to restore the citizens’ trust, Regulation must be developped.

Updated: Sept. 3, 2012 (Initial publication: Aug. 26, 2012)

Breaking news

In the United States, the House of Representatives passed an Act organizing the audit of monetary decisions of the Fed.

Central banks have a decisive role on the markets and the question of their accountability is raised. This is particularly true concerning the powerful Fed which applies a genuine economic policy. For the moment, a kind of observatory made remarks to the benefit of the Congress on it. The House of Representatives voted on 8 August 2012 a text that increases the audit of this policy determined by the single Central Bank. If the Senate also voted this text, then comes a law so that the Central Bank, although independent will be more accountable . Thus the fundamental couple in regulation, namely "independence - accountability" will be more respected.

Updated: July 21, 2010 (Initial publication: May 7, 2010)

Symposiums

III-3.4: Speech given by Jean-Pierre Jouyet, President of the ‘Autorité des marchés financiers – AMF’ (French Financial Markets Authority), on April 30, 2010, on the occasion of the signature of an agreement between the ‘Autorité des Marchés Financiers’ (French Financial Markets Authority) and the ‘Autorité de Contrôle prudentiel’ to create a joint consumer information service

The implementation of a joint service on Insurance, Banking, and Insurance within the ‘Autorité de Contrôle prudential – ACP’ (French Prudential Control Authority), raises questions as to the way in which the service will be coordinated with the ‘Autorité des marchés financiers – AMF’ (French financial markets authority’s) other activities. The signature of the agreement creating the new joint service was the occasion for Jean-Pierre Jouyet, President of the AMF, to clarify that this joint service’s principal goal is consumer protection. The coordination between the AMF and the ACP is intended to improve efficiency and credibility to further this goal.

Updated: July 4, 2011 (Initial publication: Dec. 16, 2009)

I. Isolated Articles

I-1.1 : Antitrust, Regulatory perspectives and Development

On the one hand, economic structures, i.e., the centers of economic power, are relevant data for the functioning of the economy, since, especially in the countries in the Southern Hemisphere, they account for important characteristics in the underdevelopment process. On the other hand, as we have observed, these structures are the only ones from which any kind of presumption can be made about the probable behavior of economic agents. What has yet to be defined is the kind of instruments that can be used to define the orientation and behavior of these structures. Economic instruments are worth little as they do not supply concrete economic results that are susceptible to empirical verification. Standing in the way of the use of legal instruments, however, is the apparent difficulty in applying social policy to the economic sphere. For many years, decisions that have affected the economic order have been left primarily to economic theories to which the discussion of values is unfamiliar. It is time therefore, for a legal theory of economic behavior, based on legal procedural values and on the restriction of economic power structures.

Updated: July 16, 2012 (Initial publication: July 12, 2012)

Breaking news

On July 3, 2012, the European Commission published a draft of a set of texts for protect consumers of financial services.

The European Commission, following the example of the Obama administration understands the regulation of financial markets through the protection of consumers of financial instruments. It is on this basis that should be analyzing the proposed "package" which the Commission presented the draft on July 3, 2012. The Commission manifests its particular concern for investment details and information of investors. Based on the observation that individuals do not to use the markets only in an intermediated way, the project aims the " organismes de placement collectif en valeurs mobilières " - OPVCM (undertakings for collective investment in transferable securities ). Finally, noting that for the consumers, the insurance product and the product purely financial, is similar the Commission proposes to revise the regulation of the sale of insurance products and insurance mediation.
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