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A report, published by the United States Postal Service (USPS) on March 2, 2010, presents the difficult economic situation facing the USPS (declines in volume of mail and huge budget deficits), and the ambitious economic and political measures that will have to be taken in order to maintain universal postal service in the United States.

Complete reference : SAUVÉ, Jean-Marc, La motivation des sanctions administratives, in CHAINAIS, Cécile, FENOUILLET, Dominique, GUERLIN, Gaëtan (dir.), Les sanctions en droit contemporain, vol. 2, La motivation des sanctions prononcées en justice, coll. "L'esprit du droit", Dalloz, 2013, p. 113-128

http://acpr.banque-france.fr/

61 rue Taitbout - 75436 Paris Cedex 09, France
+331 49 95 40 00

http://www.bankofengland.co.uk/PRA/Pages/default.aspx
Prudential Regulation Authority
                                              20 Moorgate
                                              London, EC2R 6DA, United Kingdom
​                                              Phone: ​020 3461 7800 / ​020 7066 9870

 

According to the Indonesian press, the financial regulator of Indonesia will soon adopt new rules for financial regulation.

Regulator, Otoritas Jasa Keua - Indonesia Financial Services Authority (OJK) established in this form at the end of 2014, aims to make new arrangements for financial institutions to provide funds to companies in a more wider than previously, in particular for the sole purpose of allowing companies to invest or to have working capital.

 

Procedure is that by which a body of law finds its unity: the right to an impartial tribunal, as stated in Article 6 of the European Convention on Human Rights, created a new unit in Regulation Law, as it also requires from Regulatory Authorities to "show" their impartiality whenever they act as courts.

Nevertheless, little by little, the national courts and the ECHR itself indicated the contours of this right, which cannot, admittedly, end up nullifying the effectiveness of the mission of Regulators.

It is assumed that whenever a Regulatory Authority intervenes whether in "civil matters", i.e., when it affects the civil rights or the property rights of a person, or in "criminal matters", i.e., when it sanctions a significantly serious behavior, the individuals that are exposed to the power of the Regulator are protected against it by the right to impartiality. Since the regulator has the power to judge, it also has to respond to the condition of impartiality.

As such, not only those within the Regulatory Authority involved should not be in conflict of interest or have already experienced the event (personal, subjective and/or objective impartiality), but the Authority in its organization and processes itself shall give to see its impartiality to the person who is threatened by its power- and, beyond, to the entire society. This objective structural impartiality is called after English law "apparent impartiality."

Yet such a structural impartiality is subject to conditions and limitations, which the 5th section of the ECHR reminded in its 1 September 2016 judgment about the French Autorité des marchés financiers (AMF)(French version only).

Read the analysis below.