Master of Science in Business Administration

Syllabus

Seminar Title

Regulation (comparative, EU, global aspects)

Overview

Regulation is undergoing profound changes in domestic laws in Europe and the world. A major change is also that regulation is more and more conceived on a transnational basis: administrations are working in networks, public services are delivered on a cross-border basis. This raises questions about the accountability of the administration and the possible challenges to administrative action. European regulatory law is also changing: agencification is an ancient phenomenon now, but recent cases have called for more oversight of the powers of the agencies (the control of discretion). Also, administrative law professors have called for the adoption of a European code of administrative procedures, which has profound consequences on the regulation of the economy. Finally, at global level new forms of rule-making are appearing through private bodies.

The seminar will be devoted to discuss the latest developments in regulation. Three kinds of developments will be studied:

• first, on a comparative perspective we will try to understand how national regulatory laws have evolved recently through the roles of fundamental rights, new public management, privatization and contracting out;
• second, at a European level we will try to assess the developments of transnational relations in regulation;
•  third, we will study several topics in global regulation: private standards, regulatory competition, market design, etc.

Programme

1. Introduction - Regulation: from State to the regional and global levels

Regulation is about the study of the different techniques States can use to influence the economic activity. It is in this respect important to have some classical elements in mind about the history forms and evolution.

2. Rational decision-making: Cost-Benefit Analysis and Impact Assessment

This session will be devoted to understanding how economic policies are designed. Policy-making raises issues of expertise and democratic accountability. We will inquire here into the expertise side of the question. Cost-benefit analysis (CBA) and Impact assessment (IA) are being pushed by some as substantive policymaking standards. What are their strengths and weaknesses? If adopted, as goals for some policies, how could or should they be enforced in either the national or the global context?

 3. Algorithm, Blockchain and Public Decision-Making

New decision-making process through algorithm or AI raise enormous questions. They can generate benefits for the community but also threats. Similarly blockchain could improve policy implementation in many fields and countries.

4. Participation

The class is about comparing how different juridictions have adopted participatory methods in public law making.

5. Freedom of Information

FOIA is key to public transparency. However, differents jurisdictions have had problems to accept it. The class is about understanding the history of FOIA and the problems to hold governments accountable.

6. Delegation & Agencies

Delegation is a pervasive phenomenon of democracies since the begining of the 20th century. It raises democratic question. The topic is about understanding the debates and see how different jurisdictions adapted to it.

7. Privatization

The aim of this topic is to understand the rationale for privatizing public services and the problems it may raise. Also, it is to understand how courts and different legal systems regulated the phenomenon.

8. New Economy, Innovation and Regulation: Uber and Airbnb

The aim of the presentation would be to compare and contrast the different responses to Uber and Airbnb around the world. Beware, the two raise very different questions.

Language

English

Teachers

Prof. Thomas Perroud, Université Panthéon-Assas, Paris II

E-mail thomas.perroud@gmail.com 

Calendar

Detailed time schedule

Exams

Exams Timetable