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OAFP 4985 - Private Regulation

Type d'enseignement : Elective

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

None. A previous general course on regulation and/or some background knowledge of EU internal market and competition law will be useful.

Course Description

This course will examine regulation by private or semi-private actors, a phenomenon of growing importance. For example, private actors regulate both professional and amateur sport; they set the standards for many products, including sensitive ones like construction materials or food. The legal effects of such regulatory schemes vary, as does their relationship to the State. This course will combine a legal and policy perspective. It will focus on the challenges raised by private regulation in EU internal market and competition law, as well as international trade law. It will also provide a sector-specific look at private regulation, notably in sport, the liberal professions and standardisation. The objective is to highlight the specificities of such schemes, enable the participants to analyse their advantages and disadvantages, and to reflect on how they can be designed in accordance with EU and international law.

Teachers

MATAIJA, Mislav (Member of the Legal Service European Commission)

Pedagogical format

Lectures, combined with case studies and presentations.

Course validation

Each student will deliver a short in-class presentation of a private regulatory scheme of their own choice (40% of the grade). There will be a final written open book exam (50% of the grade). Participation will account for 10% of the grade.

Workload

Apart from preparing their presentations, students are expected to read the assigned materials before each class. This will typically be between 25 and 40 pages per session.

Required reading

There is no textbook; the titles listed in “additional readings” are useful as examples and reference works related to the topics. The readings will largely consist of papers, book chapters and primary materials such as court judgments, to be read for each session. They will be listed in the syllabus.

Additional required reading

  • Baldwin, Robert; Cave, Martin; Lodge, Martin (eds.), The Oxford Handbook of Regulation, Oxford University Press, 2010
  • Sauter, Wolf; Schepel, Harm, State and Market in European Union Law: The Public and Private Spheres of the Internal Market Before the EU Courts, Cambridge University Press, 2009
  • Mataija, Mislav, Private Regulation and the Internal Market: Sports, Legal Services, and Standard-setting in EU Economic Law, Oxford University Press, 2010
  • Journal of Law and Society, vol. 38 no. 1, special Issue: The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates, Wiley & Blackwell (2011)