REGULATION BY INDEPENDENT AGENCIES

REGULATION BY INDEPENDENT AGENCIES

Marta Simoncini, FRANCESCO MARIA SALERNO

Obiettivi formativi

The module aims to deepen the understanding of changes in governance of markets through delegation of powers to regulatory agencies. The module will empower students to understand the functioning of regulation by independent authorities across sector-specific regulatory areas.

Prerequisiti

Basic knowledge and general understanding of EU law and the principles of EU policy-making

Contenuti Del Corso

The module provides the key instruments to understand the functions performed by independent authorities in economic governance and market regulation. Students will discuss different definitions of what constitutes a regulatory agency and different forms of such agencies. They will understand different reasons and theories for the spread of such agencies and for their functioning. Students will analyse the spread and functioning of regulatory agencies in major economic markets by focusing on the following key questions: 1) What are the powers of independent regulators? 2) How do independent regulators work? 3) How does multilevel governance affect the regulation by independent authorities? 4) What are the benefits and the costs of regulation by independent authorities? 5) What is the role of the courts? These questions will be analysed across a range of sectors in the area of economic and market regulation. This will allow students to compare the different sectors and develop critical skills to apply the acquired knowledge beyond the proposed sectors.

Testi Di Riferimento

Reading materials will be provided during the module in the MyLuiss platform.

Metodologie Didattiche

The course is articulated in lectures, seminars, tutorials and guest lectures. Classes will be interactive and will be based on the discussion of case studies, case law and reading materials. Introductory lectures will provide the general framework for understanding topics and their critical issues. In addition, students are expected to give and discuss presentations and work in groups. In the MyLuiss page students will find the relevant reading materials to prepare for each class.

Modalità di verifica dell'apprendimento

Students will be continuously assessed on the basis of their participation in the module's activities. Summative evaluation will consist of a presentation in class and the final exam. The final exam will consist in the submission of a paper (1600 words max.) on a topic previously agreed with teachers, which will be discussed orally. Presentations shall broadly cover the topics of the final paper. Presentations shall outline the research questions and briefly frame and analyse the main issues of the chosen topics. Points will be allowed as follows: - 30% presentation in class; - 40% final paper - 30% oral exam (paper defense). The assessment criteria for both presentations and papers will be the following: 1) Relevance to the question 2) Demonstration of understanding of the field 3) Organisation and structure of the answer 4) Evidence provided and its effective use (e.g., case law; scholarship) 5) Originality of treatment and ideas 6) Bibliography. NON-attending students will be assessed on the basis of the following activities: - submission of 2 essays (max. 1200 words each), each of which will count for the 40% of the final mark (total 80%). One paper should be on an assigned topic on institutional issues. The topic of other paper is at student's choice and should be related to the regulatory issues. - Oral exam (where students will defend their essays) will count for the 20% of the final mark. The assessment criteria are the following: - Relevance to the question - Demonstration of understanding of the field - Organisation and structure of the answer - Evidence provided and its effective use (e.g., case law; scholarship) - Originality of treatment and ideas – Bibliography

Criteri per l’assegnazione dell’elaborato finale

Evidence of clear interest in regulatory issues

Settimana 1

Introduction to the module. The theories and practice of regulation by independent authorities.

Settimana 2

The regulatory state in crisis? current trends in the governance of markets

Settimana 3

European integration and the multilevel system of EU administration

Settimana 4

Hierarchy and coordination: the Commission and national competition authorities

Settimana 5

Network industries, market integration and the role of independent regulation

Settimana 6

From liberalisation to the Digital Services Act to combat big tech’s market power: evolution or revolution in the regulation of the digital space?

Settimana 7

EU regulatory agencies and the limits to delegation

Settimana 8

The evolution of the so-called Meroni doctrine about delegation of powers to EU agencies

Settimana 9

Towards independent authorities? The regulation of financial markets: the case for ESMA reform

Settimana 10

Regulation by EU agencies and instruments of protection. Assessment: Presentations

Settimana 11

Fit for green? Regulation and the energy sector in the transition towards a low-carbon economy

Settimana 12

Revision week; working groups’ discussion on the finalisation of the final papers