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WG Regulatory Law





Due to its own novelty, Regulatory Law is a Law that is not yet well defined and systematized. The studies in this matter are generally sectorial. That is why we have held five sessions in which we have reflected on the basic and constitutive aspects of Regulatory Law with the participation of practical jurists who miss and appreciate the reflection with systematic concern in which they can find their measure and meaning to their direct knowledge, generally linked to highly segmented and constantly changing legislation.

With this objective, Fide has held working sessions with lawyers, representatives of the Administration and regulatory agencies to contribute their knowledge and reflection in this Working Group. A document of Conclusions prepared by the Group will be published shortly.
 


 

Subjects addressed in this WG:

  • Characterization and limits of Regulatory Law.
  • Agencies and regulatory powers.
  • Formulas and instruments of regulation.
  • Judicial review and alternative formulas for dispute resolution.
  • Reality and perspectives of Regulatory Law in the EU

Conclusions


Proposals

1. Proposal: "Without prejudice to the fact that the final selection corresponds to democratically legitimated political bodies (Parliament and/or Government), all the members of the regulatory bodies must be elected with criteria that ensure their professionalism, with the prior intervention of technical committees, and valuing their previous exercise and performance above all.”

2. Proposal: "Assess the advisability of separating the regulatory and competition bodies into different agencies; ensuring interaction mechanisms (market valuation, non-binding reports but which entail an obligation to motivate the different criteria)".

3. Proposal: "The division of functions between the regulatory bodies and the General State Administration must comply with homogeneous criteria in all sectors, offering legal certainty and allowing the consolidation of concepts, techniques and even similar procedures and bodies.

4. Proposal: "To reduce, as far as possible, the use of the Royal Decree Law. The determination of modules, prices and other market elements should be assigned to the decisions of regulators."

5. Proposal: "The Parliament must analyse the major strategic determinations that may affect investments in the sectors in a lasting way: either through non-binding planning but guiding the regulatory bodies (so that they can reasonably depart from it), or through the approval by the Parliament of multiannual plans of the regulatory bodies, or through similar instruments".

6. Proposal: "The law of contentious-administrative jurisdiction must be reformed with regard to "distribution" procedures, the execution of private contracts with public elements, and the extension of the powers of the jurisdictional bodies in the process of execution: or in its case, to enable an abbreviated procedure of execution in the presence of the regulator, with judicial supervision.”

Members

Director of the Working Group: José Esteve Pardo, Professor of Administrative Law at the University of Barcelona.

Participants in this work of reflection and collective debate: Jesús Avezuela Cárcel, General Director, Pablo VI Foundation, Of Counsel Squire Patton Boggs; Mariano Bacigalupo Saggese, Professor of Administrative Law (UNED), Member of the Appeal Chamber of the European Agency for the Cooperation of Energy Regulators (ACER), Member of the Academic Council of Fide.; Raquel Ballesteros Pomar, Partner, Lawyer, Bird & Bird, Administrative Law, Public Contracting and Energy Departments; Dimitry Berberoff Ayuda, Magistrate of the Third Chamber of the Supreme Court; Helmut Brokelman, Managing Partner, Martínez Lage, Allendesalazar & Brokelmann Abogados; Dolors Canals Ametller, Professor of Administrative Law, Faculty of Law, University of Girona Professor of Administrative Law; Juan Antonio Carrillo Donaire, Professor of Administrative Law, Partner of SdP Estudio Legal; Javier Cepeda Morrás, Head of SSJJ Naturgy Renovables; Joaquín de Fuentes Bardají, Head of the Public Law Department in Alemany, Escalona & de Fuentes; Juan de la Cruz Ferrer, Partner, López Rodó & Cruz Ferrer; Iñigo del Guayo Castiella, Professor of Administrative Law at the University of Almería; José Esteve Pardo, Professor of Administrative Law, University of Barcelona; Santiago Garrido de las Heras, Partner at Hogan Lovells; José Giménez Cervantes, Partner, Linklaters, specialist in the areas of Administrative Law, Administrative Contracts, Town Planning, Administrative Heritage; Guillermo González de Olano, Law Director of Suez Agua; Alejandro Jiménez Marconi, Law Director of Suez-Spain; José Carlos Laguna de Paz, Professor of Administrative Law, University of Valladolid; Pablo Lucas Murillo de la Cueva, Magistrate of the Administrative Litigation Chamber, Supreme Court; Mariano Magide Herrero, Partner, Uría Menéndez. Associate Professor at ICADE-UPCO; Pablo Mayor Menéndez, Partner, Allen & Overy. State Lawyer on leave of absence; Juan José Montero Pascual, Of Counsel, Martínez Lage, Allendesalazar & Brokelmann; José Antonio Morillo-Velarde, Head of the Legal Department, State Ports, Ministry of Public Works; José Vicente Morote Sarrión, Partner Director of the Administrative and Regulatory Law Practice, Andersen Tax & Legal Iberia S.L.P; José Luis Palma Fernández, Partner, Gómez-Acebo & Pombo; Javier Puertas Rodriguez, Legal Director, Area Manager North – Centre of the concessions field, Grupo Suez; Isabel Puig Ferrer, Public Policy Head, Banco Santander-Spain; Mª Amparo Salvador Armendáriz, Professor of Administrative Law, University of Navarra; Javier Ramírez Iglesias, Legal Vice-President and Associate General Counsel of HP worldwide. Member of the Academic Council of Fide, Marina Serrano González, Of Counsel of the Department of Litigation, Public and Regulated Sectors, Pérez-Llorca; José Ignacio Vega Labella, Partner in charge of the Department of Public Law and Regulated Sectors, Ramón y Cajal Abogados; Juan Velázquez Sáiz, Professor of Constitutional Law, Business Institute; Fernando Villena Adiego, Head of Legal Advice, Department of Regulation and Legal Advice, Energya VM.

Academic Coordination of the Working Group: Victoria Dal Lago Demmi, Academic Coordination at the Foundation for Research on Law and Business, Fide.