REGULATION BY INDEPENDENT AGENCIES
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.
Risultati di apprendimento attesi
Knowledge and understanding: the learner – through course attendance and practical activities – will develop legal skills that are necessary for understanding and working in the area of economic governance and market regulation. The assessment of the knowledge will take place during the course through in class presentations and at the end of the course through the submission and the oral discussion of a final research paper.
Applying knowledge and understanding: The learner will be able to interpret the role of independent authorities and apply, also to cases, regulation by identifying problems and possible solutions. The assessment of the knowledge will take place during the course during the course through in class presentations and at the end of the course through the submission and the oral discussion of a final research paper.
Making judgements: The learner, by making use of the appropriate methods learned during the course, will be able to collect data and materials to conduct autonomous research and work in the area of economic governance and market regulation. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases.
Communication skills: At the end of the course the student will be able to use the technical vocabulary of EU economic governance and market regulation, addressing the issues at hand with terminological accuracy. Through the various activities that will take place during the course – lectures, guest lectures, in class discussion, presentations, group work– the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career in the area of EU law and governance.
Learning skills: By putting into practice the methodologies learned during lectures and seminars, the learner will be able to elaborate insights and conduct research by consulting specialist texts and journals. The learner will develop a solid knowledge of the fundamental aspects of the matter that will allow her/him to carry on also independently further study as well as to undertake different postgraduate training activities in the field of economic governance and market regulation.
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 know 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 Luiss learn 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 be held online and will provide the general framework for understanding topics and their critical issues
Students will also be expected to give presentations and work in groups.
Students will receive in advance the relevant reading materials to prepare for classes.
Modalità di verifica dell'apprendimento
Students will be assessed on the basis of their participation in the module's activities and the final exam.
The final exam will consist in the submission of a paper (2500 words max.) on a topic previously agreed with teachers, which will be discussed orally.
As for participation in class, students will be assessed for their in-class presentations. Presentations shall broadly cover the topics of the final paper. In particular, presentations shall outline the research questions and briefly frame and analyse the main issues of the chosen topics.
Points will be allowed as follows:
20% presentation in class
40% final paper
20% best mark out of in class activities
20% 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:
- 2 essays (max. 1200 words each), each of which will count for the 35% of the final mark (total 70%).
One paper should be on an assigned topic on institutional issues.
The other one will be on a topic of your choice and interest related to the regulatory issues.
- Oral exam (where you will defend your essays) which will count for the 30% 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
N/A
Settimana 1
Introduction to the module
The theories and practice of regulation by independent authorities
Settimana 2
The regulatory state turns 25: historical perspectives on the governance of markets
Settimana 3
European integration and the 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 the creation of AGCOM to the Digital Services Act: evolution or revolution in the regulation of electronic communications?
Settimana 7
EU agencies and the limits to delegation
Settimana 8
The limits of the Meroni doctrine
Settimana 9
Towards independent authorities? The regulation of financial markets: the case of the ESAs
Settimana 10
Regulation by EU agencies and instruments of protection (e.g., administrative review; judicial protection)
Settimana 11
Fit for green? Regulation and the energy sector in the transition towards a low-carbon economy
Settimana 12
Revision week