99688 - REGULATORY LAW AND SUSTAINABILITY

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the regulatory mechanisms of public nature that characterize international cooperation (especially bilateral and regional commercial agreements) and the impact of the corresponding national regulation on cross-border economic and commercial activities; - are capable to assess the effectiveness of regulatory cooperation mechanisms operating between States (and between States and international organizations) and to evaluate their impact (and the impact made by national mechanisms) on the activities carried out by commercial operators.

Course contents

Part I – Introduction and Legal Foundations.

1. Introduction. Some Definitions of Regulation.

1.1 Market as a Matter of Law under the EU. The National View.

1.2 Regulation in Common Law and Civil Law Systems.

1.3 Sources of Regulation. Sources of Sustainability.

2. Regulation and Sustainability.

2.1 The multiple (thus, legally ambiguous) meanings of Sustainability.

2.2 Environmental Sustainability. Intergenerational Sustainability. Economic and Financial Sustainability.

2.3 Is any Legal Definition of Sustainability Possible?

2.4 The role of Regulation as rule-maker of Sustainability Standards.

3. Bodies and Agencies entrusted with Regulatory Powers.

3.1 European Commission and the 2nd Level EU Agencies

3.2 National Regulatory Agencies (NRAs).

 

Part II - The Competition Law as the Roots of Regulation.

1. Competitions Law under the USA and EU Law.

1.1 Collusive Agreements. Abuse of Dominant Position. Dominant Undertakings and Anticompetitive Practices.

1.2 Undertaking holding Special or Exclusive Rights. Undertakings entrusted with the operation of services of general economic interest. Art. 106 TFUE.

 

Part III – The Evolution: Nexus between Competition Law, Regulation and Sustainability.

1. From the Protection of Market Competition to its Enhancement by Regulation.

1.1 Lacks of Competition: Monopolies and Market Dominance.

1.2. Market Dominance. Asymmetric Powers.

1.3. Universal Service. Public Service. Other Mandatory Tasks.

 2. The Sustainability as a Public Service Constraint?

 

Part IV - Regulation of Network-Based Industries. The Sustainability as a Legal Standard.

1. The Regulation of Network-based Industries.

1.1. The Case of Energy Market: the Natural Gas Industry.

1.2 Other Network-based Industries.

1.3 Not Regulated Network-based Industries.

 

Part V – Regulation by (Public) Contracts.

1. Public Procurement and Public Contracts.

1.1 Public-Private Partnership. Project Financing. Long-term Contracts.

1.2 Environmental Constraints.

1.3 Sustainability and Risk Regulation.

1.4 Next Generation EU and National Programs. Regulation by Contracts.

1.5 Sustainability as a Public Benefit's Stake.

Conclusions.

Readings/Bibliography

An introduction to the Law and Economics of Regulation, Alessio M. Pacces, and Roger J. Van den Bergh, 2011.
Other (recommended) readings and references (slides, case laws, docs, etc.) are available on "Virtuale" (online Dashboard).

Teaching methods

Theoretical and Case Law-based Lectures.

Case Law Reports and other tasks will be assigned as mandatory homework.

The course requires a good knowledge of (public/administrative) law subjects and methodology. Therefore, for students who do not have a full law-based academic background, preparatory readings are available yet to be agreed upon with the teacher.

Assessment methods

The exam aims to ascertain the knowledge and abilities of students to deal with the issues of the course.
Students attending at least 70% of the lectures are expected to submit an opinion paper on a specific topic previously agreed with the teacher.
The assessment focuses on the student's knowledge and the ability to settle issues related to the opinion paper (i.e., by adequately answering the "k-question," etc.) consistently with the course aims.
It is mandatory to be enrolled on AlmaEsami within the deadline to take the exam.

Teaching tools

Slides and Essays.

Case Law docs (Courts' rulings; European Commission and NRAs' measures; etc.).

Students who need compensatory measures and/or dispensative tools due to disability or Specific Learning Disabilities (SLD) should communicate it to the Professor as soon as possible.

Office hours

See the website of Daniele Senzani