Administrative Law and Market Regulation

Uitgebreide vaknaam	Administrative Law and Market Regulation
Leerdoelen	Students will: • Identify the most important elements that define “public bodies” in the most influential administrative law systems; • Distinguish between comparative administrative law and global administrative law and provide examples of global administrative law regulators; • Explain the key features of administrative action; • Provide a clear explanation of the essence of the rules on standing’ in the countries under analysis; • List the most common principles of good administration and explain the role of the national Ombudsman (or similar institutions) in the advancement of these principles; • Provide arguments for and against the privatization of public services and the outsourcing of public tasks; • Distinguish between public and private-interest theories of regulation; • Explain the relevance of the public/private divide in the context of market regulation and the way in which the line between public and private law has blurred • Provide an overview of the key traditional and modern regulatory techniques and explain their strengths and weaknesses • Identify different public and private law-based regulatory instruments and explain their strengths and weaknesses in regulating consumer transactions and financial services • Identify the challenges of regulatory enforcement and existing enforcement mechanisms • Explain how public and private enforcement mechanisms interplay with each other, particularly in the fields of European consumer law and European financial services law • Identify the challenges and opportunities posed to regulators by the emergence of new technologies, such as FinTech
Omschrijving	This new course offers students an introduction to administrative law and market regulation. It describes the evolution of administrative law in a number of countries and explains key concepts of administrative law (public body, administrative act/action, standing, judicial review of administrative decisions, deference, public contract). Moreover, this course reflects upon the shift from a traditional national model of public powers to a global or European model of intertwined public-private regulatory forces. In particular, the course introduces students to market regulation and explains how it affects the public/private divide and uses public and private law instruments and enforcement mechanisms to achieve its policy goals. Being comparative in essence, the course does not only discuss the developments within the European Union but also beyond. It also devotes attention to novel and more global phenomena such as the emergence of global administrative law and global private powers that exist parallel to traditional regulatory actors. Furthermore, the course combines the discussion of general and sector-specific aspects of the subject matter. This will allow students to apply the concepts learned in more general lectures to particular heavily regulated areas, such as consumer law and financial law and thus further develop their general knowledge of administrative law and market regulation.
Uren per week	6
Onderwijsvorm	hoorcollege, werkgroep (14 2-hour lectures and 7 2-hour tutorials. (during the course of the block))
Toetsvorm	schriftelijk (essayvragen) (digitaal)
Vaksoort	b-niveau, juridisch
Coördinator	prof. dr. O.O. Cherednychenko
Docent(en)	prof. dr. O.O. Cherednychenko ,prof. mr. dr. S.H. Ranchordás
Verplichte literatuur	Titel Auteur ISBN Prijs Articles available via Studentportal (Nestor)[/
Entreevoorwaarden	This course is only accessible for students that have obtained at least 45 EC from their first year courses at research university level or that participate in a pre-approved pre-master or decree programme. This course is not open to non-law exchange students. Not accessible for students who have passed Administrative Law (RGBBE50010) before 1-9-2017. Compulsory: Bachelor course on European Law; advised Bachelor course on constitutional law and administrative law Not accessible for students who have passed Europeanisation of Public Law (RGBBE50110) before 1-9-2020.
Opmerkingen
Opgenomen in	Opleiding Jaar Periode Type BSc International Business/IB  (minor Governance and Law) 3 semester II a verplicht Exchange programme Law 1 semester II a optional LLB International and European Law 2 semester II a verplicht Open Colleges 1 semester II a keuze Pre-LLM International and European Law: track Energy and Climate Law 1 semester II a verplicht Pre-LLM International and European Law: track European Law in a Global Context  (For Intern. Relations or Pol Science students, variant 1 starting in semester 2) 1 semester II a compulsory Pre-LLM International and European Law: track European Law in a Global Context  ( Pre-LLM European Law in a Global Context ) 1 semester II a compulsory Pre-LLM International and European Law: track International Human Rights Law  (Variant 1: for International Relations and/or Political Science students) 1 semester II a compulsory Pre-LLM International and European Law: track International Human Rights Law  (Pre-LLM International Human Rights Law) 1 semester II a compulsory Pre-LLM International and European Law: track Public International Law  (Pre-LLM Public International Law) 1 semester II a compulsory Pre-LLM International and European Law: track Public International Law  (Variant 1: for International Relations and/or Political Science students) 1 semester II a compulsory Pre-master Int. & European Law, track Governance and Law in Digital Society  (For social science students) 1 semester II a compulsory Pre-master Int. & European Law, track Governance and Law in Digital Society  (For UG IRIO students) 1 semester II a compulsory