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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.

Translated Summaries

ENGLISH

On the 16 september 2011, the German Land of Schleswig-Holstein is the first in Germany to implement a law on online gambling, which appears to be one of the most modern and liberal in Europe.

FRENCH

Le 16 septembre 2011, le land allemand de Schleswig-Holstein est le premier en Allemagne à appliquer une loi sur les jeux en ligne, qui semble être l’une des plus modernes et des plus libérales en Europe.

SPANISH

Informe Temático (el Juego): El Land of Schleswig-Holstein alemán implementa una nueva ley sobre el juego en la red.

El 16 de septiembre del 2011, el Land of Schleswig-Holstein alemán es el primero en Alemania de implementar una ley sobre el juego en la red, lo cual aparenta ser una de los más modernos y liberales en Europa.

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Other translations forthcoming.

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.

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.

Read the European Regulation.

This Regulation is taken in application of the Council Regulation (EU) of the 15th October 2013 conferring specific tasks on the European Central Bank concerning policies relatif to the prudential supervision of credit institutions.