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Workgroup

Regulatory Law

Why?

Due to its own novelty, Regulatory Law is a Law that is not yet well defined and systematized. Studies in this area are generally sectoral. That is why five sessions have been held in which they have reflected on the basic and constitutive aspects of Regulatory Law with the participation of practical lawyers who miss and appreciate the reflection with a systematic effort in which they can find their measure and meaning. to their direct knowledge, generally linked to a highly sectorized and constantly changing legislation

Work areas

Characterization and content of Regulatory Law
Characters of the sectors that identify and shape regulatory law
The objectives and means of regulatory law on these sectors
Regulatory powers
The sources of regulatory law
Formulas and legal instruments of regulation
Judicial review and alternative dispute resolution formulas

Publications

WORKING GROUP FIDE REGULATORY LAW: CONCLUSIONS AND PROPOSALS

This Working Group has organized multiple work sessions with lawyers, representatives of the Administration and regulatory agencies to contribute their knowledge and reflection to this Working Group. The group met in Fide over five work sessions, from October 2016 to February 2018, and focused its analysis and reflection on the following issues: Characterization and content of Regulatory Law, Characters of the sectors that identify and model regulatory law, The objectives and means of regulatory law on these sectors, Regulatory powers, Sources of regulatory law, Formulas and legal instruments of regulation and Judicial review and alternative conflict resolution formulas

1st Proposal: "Without prejudice to the fact that the final selection corresponds to democratically legitimized political bodies (Parliament and / or Government) -, all members of the regulatory bodies must be chosen with criteria that ensure their professionalism, with prior intervention of technical commissions, and that value your previous exercise and performance above all ”.
 
2nd Proposal: “Assess the convenience of separating regulatory and competition bodies into different agencies; ensuring the interaction mechanisms (market valuation, non-binding reports but that entail an obligation to motivate the different criteria) ”.

3nd Proposal: "The division of functions between the regulatory bodies and the General State Administration, must meet homogeneous criteria in all sectors, which offer legal certainty and allow the consolidation of concepts, techniques and even similar procedures and bodies."
 
4nd Proposal: “Reduce, as much as possible, the use of the Royal Decree Law. The determinations of modules, prices and other market elements should be left to the decisions of the regulators. "
 
5nd Proposal: "Parliament must analyze the major strategic determinations that can 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), either through the approval by Parliament of multi-year plans of the regulatory bodies, or through similar instruments ”.
 
6nd Proposal: "The law of contentious-administrative jurisdiction should be reformed in terms of" distribution "procedures, the execution of private contracts with public elements, and the extension of powers of the jurisdictional bodies in the process of execution: or, where appropriate, enable a shortened enforcement procedure before the regulator, with judicial supervision.

Have participated in this working group: 

  • Jesus Avezuela Jail, Managing Director, Pablo VI Foundation, Of Counsel Squire Patton Boggs; 
  • Mariano Bacigalupo Saggese, Full Professor of Administrative Law (UNED), member of the Board of Appeal of the European Agency for the Cooperation of Energy Regulators (ACER). Member of the Academic Council of Fide; 
  • Raquel Ballesteros Pomar, Lawyer Partner, Bird & Bird, Administrative Law, Public Procurement and Energy Departments; 
  • Dimitry Berberoff Help, Magistrate of the Third Chamber of the Supreme Court; 
  • Helmut Brokelmann, Managing Partner, Martínez Lage, Allendesalazar & Brokelmann Abogados; 
  • Dolors Canals Ametller, Professor of Administrative Law, Faculty of Law of the University of Girona; 
  • Juan Antonio Carrillo Donaire, Accredited to Professor of Administrative Law. Partner of SdP Estudio Legal; 
  • Javier Cepeda Morras, Responsible SSJJ Naturgy Renovables; 
  • Joaquin de Fuentes Bardaji, Responsible Partner of the Department of Public Law in Alemany, Escalona & de Fuentes; 
  • Juan de la Cruz Ferrer, Partner, López Rodó & Cruz Ferrer Abogados;
  • Inigo del Guayo Castiella, Professor of Administrative Law at the University of Almería; 
  • Jose Esteve Pardo Professor of Administrative Law, University of Barcelona; 
  • Santiago Garrido de las Heras, Partner of Hogan Lovells; 
  • Jose Gimenez Cervantes, Partner, Linklaters, specialist in the areas of Administrative Law, Administrative Contracting, Urban Planning, Heritage of Administrations; 
  • William Gonzalez de Olano, Legal Director of Suez Agua; 
  • Alejandro Jimenez Marconi, Legal Director of Suez-Spain; 
  • Jose 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 Collaborating Professor ICADE-UPCO; 
  • Pablo Mayor Menendez, Partner, Allen & Overy. State Attorney on leave; 
  • Juan Jose Montero Pascual, Of Counsel, Martínez Lage, Allendesalazar & Brokelmann Abogados;
  • Jose Antonio Morillo-Velarde, Head of the Legal Department, State Ports, Ministry of Development; 
  • Jose Vicente Morote Sarrion,Partner-Director of the Administrative and Regulatory Law Practice, Andersen Tax & Legal Iberia SLP; 
  • Jose Luis Palma Fernandez, Partner, Gómez-Acebo & Pombo;
  • javier rodriguez, Legal Director of the North - Center Manager Area, of the concessions area, Suez Group; 
  • Isabel Puig-Ferrer, Director of Public Policy, Banco Santander-Spain; 
  • Mª Amparo Salvador Armendariz, Professor of Administrative Law, University of Navarra; 
  • Javier Ramirez Iglesias, Legal Vice President and Associate General Counsel of HP worldwide. Member of the Academic Council of Fide; 
  • Marina Serrano Gonzalez, Of Counsel of the Litigation, Public and Regulated Sectors Department, Pérez-Llorca; 
  • Santiago Soldevila Fragoso, Magistrate of the National Court;
  • Jose Ignacio VegaLabella, Partner in charge of the Department of Public Law and Regulated Sectors, Ramón y Cajal Abogados;
  • Juan Velazquez Saiz, Professor of constitutional law, Instituto de Empresa;
  • Fernando Villena Adiego, Head of Legal Advice, Department of Regulation and Legal Advice, Energya VM.

 

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and do not include institutional positions but rather particular ones of each one of the members of the group.

Group Directors

Jose Esteve Pardo

Professor of Administrative Law at the University of Barcelona

Juan Velazquez Saiz

Professor of Constitutional Law at the Instituto de Empresa
Academic coordination: Victory Dal Lago

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