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Several of the Working Groups of Fide They work throughout the year to prepare proposal documents in different professional fields.
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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
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:
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.
