Short course on regulation (Archive)

OVERVIEW


The "Short course on regulation" course (three editions from 2012 to 2015) was intended for participants with varying familiarity with regulation. It introduced participants to key issues and developed an understanding of these. The presentations were of special value to professionals who were moving into regulatory affairs from other areas (no prior knowledge of regulation or economics was assumed). 

The three editions of the course looked at how regulation operates on the ground but also covered regulatory theory and all stages of the regulatory process — from law and rule-making to institutional frameworks and enforcement. It considered regulation from the perspectives of economists, lawyers, sociologists, political scientists and others. Individual seminars examined not merely how regulation ought to be carried out and evaluated but how regulation tended to develop and how its incidence and shape could be explained. Lessons from the utilities, financial and other sectors were drawn on.


DIRECTORS AND TEACHING STAFF



ELIGIBILITY


The course was intended for high civil servants, managers and officers of enterprises, professionals, barristers, solicitors, attorneys, graduate students and scholars who wished to reach an advanced education on regulation.


PROGRAMME


First edition: Economics, Law and Governance Strategy and Implementation
Flyer


DAY 1:

  • HISTORY, THEORIES AND GENERAL FRAMEWORKS HISTORY OF MODERN REGULATION | Professor M. D’Alberti
  • MAIN FEATURES OF CONTEMPORARY REGULATION | Professor M. D’Alberti
  • PUBLIC REGULATORS AND REGULATORY PROCEDURES | Professor M. D’Alberti
  • REGULATION AND COMPETITION (A LEGAL PERSPECTIVE) | Professor M. D’Alberti
  • WHY REGULATE? Justifications for regulating – economic, ‘market failure’ and others | Professor R. Baldwin
  • WHAT IS GOOD REGULATION? How do we assess regulation – criteria and benchmarks. Evaluation systems | Professor R. Baldwin
  • COPING WITH UNCERTAINTY: THE PRECAUTIONARY PRINCIPLE IN REGULATION The challenges of regulating in the face of incomplete information and evidence | Dr V. Heyvaert
  • RISKS AND REGULATION The consequences of organizing regulation around the idea of risk. Different approaches to risk | Professor R. Baldwin
  • EXPLAINING REGULATION How can firms and others predict future regulatory systems and constraints? | Professor R. Baldwin

DAY 2

  • REGULATORY STRATEGIES REGULATORY STRATEGIES: FROM COMMAND TO SELF REGULATION Problems of legislative solutions. Alternatives and less-restrictive regulation |Professor R. Baldwin
  • THE CHALLENGES OF ENFORCEMENT At which stage of a risky activity should the regulator intervene? Analysing enforcement in its different aspects. Comparing ‘deterrence’, ‘compliance’ ‘responsive’ and other systems | Professor R. Baldwin
  • RULES, STANDARDS AND PRINCIPLES How different types of rules and standards affect the achieving of objectives. The advantages and disadvantages of moving from detailed rules to principle-governed regulatory regimes. | Professor R. Baldwin
  • EMISSIONS TRADING AND MARKET MECHANISMS Trading as an alternative to ‘command’ approaches | Professor R. Baldwin
  • REGULATORY STRATEGIES AND THE EUROPEAN DIMENSION The impact of European decision-making on instrument choice and implementation | Dr V. Heyvaert
  • REGULATION IN THE TRANSNATIONAL CONTEXT The role of non-state actors in regulation and issues of trans-jurisdictional legitimacy | Dr V. Heyvaert
  • PRICE CAPPING, STRUCTURAL REGULATION AND REGULATING MONOPOLIES The special issues attaching to price control mechanisms. How price caps are set and reset. Approaches to monopoly | Professor M. Cave ECONOMIC CONCEPTS AND REGULATION Essential economic concepts and analytic approaches | Professor M. Cave
  • MEASURING EFFICIENCY How the efficiency of operations can be assessed | Professor M. Cave
  • REVIEW AND REGULATION IN COMPETITIVE SECTORS Identifying competitive sectors and the consequences | Professor M. Cave
  • UTILITIES REGULATION – AN INTRODUCTION The special challenges of regulating in the utilities sector – a general review of issues | Professor M. Cave

DAY 3:

  • TOOLS AND PERSPECTIVES RISK BASED REGULATION Making strategies of risk-based regulation work: the challenges | Professor R. Baldwin
  • DEALING WITH LOW RISKS Risk-based regulation tends to focus on higher risks but lower risks also have to be dealt with. This session considers the use of specific strategies for addressing lower risks and the special challenges to be faced | Professor R. Baldwin
  • IMPACT ASSESSMENT, COST-BENEFIT TESTING AND REGULATION The role of Cost Benefit Analysis in regulation. Technical issues | Professor R. Baldwin
  • REGULATORY IMPACT ASSESSMENT: WORK SHOP Issues arising in applying a cost benefit approach to evaluating regulations. Case study | Professor R. Baldwin
  • THE QUEST FOR BETTER REGULATION The worldwide search for less intrusive, lower cost, more effective regulation – how this sits with other approaches such as impact assessment. How RIAs impact on policy processes | Professor R. Baldwin
  • COMPETITION IMPACT ASSESSMENT Completing competition assessments in Regulatory Impact Assessment | Professor N. Rangone
  • ASSESSING ADMINISTRATIVE BURDENS Independent authorities, government, and regional policymakers faced with the administrative burdens measurement and reduction | Professor N. Rangone
  • THE STANDARD COST MODEL The Standard Cost Model to measure the stock (in simplification policies) and the flow of regulation (in Regulatory Impact Assessment) | Professor N. Rangone
  • ETHICS AND REGULATION, ETHICS IN REGULATION: AN OVERVIEW | Professor M. De Benedetto
  • REGULATION: THE NINETIES, THE CRISIS AND AFTER | Professor M. D’Alberti

 


Second edition: WORKSHOP: REGULATING FOR RECOVERY Regulatory Strategies for the Post-Crisis 
Flyer


DAY 1 HISTORY, THEORIES AND GENERAL FRAMEWORKS

  • PUBLIC INSTITUTIONS AND PROSPERITY: THE CRUCIAL ROLE OF LAW AND REGULATION | Professor M. D’Alberti
  • PUBLIC, PRIVATE, HYBRID REGULATORS AND THEIR MAIN FAILURES | Professor M. D’Alberti
  • COMPETITION AND SOLIDARITY | Professor M. D’Alberti
  • REGULATORY REMEDIES FOR RECOVERY | Professor M. D’Alberti
  • WHY REGULATE? Justificationsfor regulating – economic, ‘market failure’ and other |Professor R. Baldwin
  • WHAT IS GOOD REGULATION? How do we assess regulation – criteria and benchmarks. Evaluation systems |Professor R. Baldwin
  • COPING WITH UNCERTAINTY: THE PRECAUTIONARY PRINCIPLE IN REGULATION The challenges of regulating in the face of incomplete information and evidence | Professor V. Heyvaert
  • RISKS AND REGULATION The consequences of organizing regulation around the idea of risk. Different approaches to risk| Professor V. Heyvaert
  • EXPLAINING REGULATION How can firms and others predict future regulatory systems and constraints? | Professor R. Baldwin

DAY 2 REGULATORY STRATEGIES AND LESSONS FROM THE FINANCIAL CRISIS

  • REGULATORY STRATEGIES: FROM COMMAND TO SELF REGULATION Problems of legislative solutions. Alternatives and less-restrictive regulation | Professor R. Baldwin
  • THE CHALLENGES OF ENFORCEMENT At which stage of a risky activity should the regulator intervene? Analysing enforcement in its different aspects. Comparing ‘deterrence’, ‘compliance’ ‘responsive’ and other systems | Professor R. Baldwin
  • RULES AND STANDARDS How different types of rules and standards affect the achieving of objectives. The advantages and disadvantages of different formulations | Professor R. Baldwin
  • EMISSIONS TRADING AND MARKET MECHANISMS Trading as an alternative to ‘command’ approaches | Professor R. Baldwin
  • REGULATORY STRATEGIES AND THE EUROPEAN DIMENSION The impact of European decision-making on instrument choice and implementation | Professor V. Heyvaert
  • REGULATORY LESSONS FROM THE FINANCIAL CRISIS 1: THE CHALLENGES OF SYSTEMIC RISKS The special challenges posed by systemic and cumulating risks | Professor V. Heyvaert
  • REGULATORY LESSONS FROM THE FINANCIAL CRISIS 2: PRINCIPLES-BASED REGULATION – IS IT DEAD? Is the lesson from the crisis that principles-based regulation needs to be re-thought? | Professor R. Baldwin
  • REGULATORY LESSONS FROM THE FINANCIAL CRISIS 3: ANALYSING REGULATORY FAILURE How can we understand the regulatory failings that preceded the crisis? How can we evaluate their role in the crisis? | Professor R. Baldwin
  • REGULATORY LESSONS FROM THE FINANCIAL CRISIS 4: REGULATORY STABILITY How can business demands for regulatory stability be set reconciled with needs for flexibility and market responsiveness? | Professor R. Baldwin

DAY 3 TOOLS AND PERSPECTIVES RISK BASED REGULATION

  • Making strategies of risk based regulation work: the challenges | Professor R. Baldwin
  • REGULATION IN THE TRANSNATIONAL CONTEXT The role of non-state actors in regulation and issues of trans jurisdictional legitimacy |Professor V. Heyvaert
  • IMPACT ASSESSMENT, COST-BENEFIT TESTING AND REGULATION The role of Cost Benefit Analysis in regulation. Technical issues | Professor R. Baldwin
  • REGULATORY IMPACT ASSESSMENT: WORKSHOP Issues arising in applying a cost benefit approach to evaluating regulations. Case study | Professor R. Baldwin
  • REGULATORY IMPACT ASSESSMENT: DOES IT ADVANCE THE SEARCH FOR BETTER REGULATION The worldwide search for less intrusive, lower cost, more effective regulation – how this sits with other approaches such as impact assessment. How RIAs impact on policy processes | Professor R. Baldwin
  • COMPETITION IMPACT ASSESSMENT How best to improve competition friendly regulation? This session considers the use of ex ante and ex post competition assessment in avoiding anticompetitive regulation, creating more effective and less burdensome regulation, and the role that competition authorities might play in this | Professor N. Rangone
  • ASSESSING REGULATORY BURDENS Independent authorities, government, and regional policymakers faced with the measurement and reduction of regulatory burdens | Professor N. Rangone
  • COGNITIVE-INFORMED REGULATION. STRENGTHS AND POSSIBLE DRAWBACKS Cognitive findings (about heuristics, biases, emotional reactions and social norms) give insight about how “real people” react to regulation. Availability of these information calls for a change in the rule-making process to bring out and use them to avoid regulatory failures and adopt more effective regulations | Professor N. Rangone
  • DOES REGULATING ETHICS MEAN CONTROLLING CORRUPTION? Ethics, law and economics: a controversial relationship. The paradox of regulating ethics to keep corruption under control | Professor M. De Benedetto CONCLUSION: HOW TO OVERCOME THE CRISIS | Professor M. D’Alberti

Third edition: The Quest for Effective Regulation 

Flyer


DAY 1: REASONS AND IMPORTANCE OF REGULATION

  • PUBLIC INSTITUTIONS AND PROSPERITY: THE CRUCIAL ROLE OF REGULATION | Professor M. D’Alberti
  • PUBLIC, PRIVATE, HYBRID REGULATIONS AND THEIR MAIN FAILURES | Professor M. D’Alberti
  • REGULATION AND COMPETITION | Professor M. D’Alberti
  • REGULATION FOR ECONOMIC GROWTH AND SOLIDARITY | Professor M. D’Alberti
  • WHY REGULATE? Justifications for regulating – economic, ‘market failure’ and other | Professor R. Baldwin
  • WHAT IS GOOD REGULATION? How do we justify and assess regulation – criteria and benchmarks. Evaluation systems |  Professor R. Baldwin
  • COPING WITH UNCERTAINTY: THE PRECAUTIONARY PRINCIPLE IN REGULATION The challenges of regulating in the face of incomplete information and evidence |Professor V. Heyvaert
  • RISKS AND REGULATION The consequences of organizing regulation around the idea of risk. Different approaches to risk | Professor V. Heyvaert
  • COPING WITH REGULATORY CHANGE How can firms and others predict future regulatory systems and constraints? | Professor R. Baldwin

DAY 2: REGULATORY STRATEGIES FOR DIFFICULT TIMES FROM COMMAND TO SELF-REGULATION AND INCENTIVES

  • Problems of legislative solutions. Alternatives and less-restrictive regulation | Professor R. Baldwin
  • THE CHALLENGES OF ENFORCEMENT At which stage of a risky activity should the regulator intervene? Analysing enforcement in its different aspects. Comparing ‘deterrence’, ‘compliance’ ‘responsive’ and other systems | Professor R. Baldwin
  • RULES AND STANDARDS How different types of rules and standards affect the achieving of objectives. The advantages and disadvantages of different formulations | Professor R. Baldwin
  • NUDGING: ANOTHER TOOL IN THE BOX? What is the potential of ‘nudging’ as a less-restrictive alternative to traditional forms of control? | Professor R. Baldwin
  • COGNITIVE BASED RULE-MAKING FOR MORE EFFECTIVE REGULATION Cognitive findings give insight about how “real people” react to regulation. Incorporating these evidence require a re-thinking of the regulatory process and the development of new regulatory tools | Professor N. Rangone
  • EMISSIONS TRADING AND MARKET MECHANISMS Trading as an alternative to ‘command’ approaches | Professor R. Baldwin
  • REGULATORY STRATEGIES AND THE EUROPEAN DIMENSION The impact of European decision-making on instrument choice and implementation |Professor V. Heyvaert
  • REGULATORY LESSONS FROM THE FINANCIAL CRISIS
    1) THE CHALLENGES OF SYSTEMIC RISKS The special challenges posed by systemic and cumulating risks |
    Professor V. Heyvaert
    2) PRINCIPLES-BASED REGULATION – IS IT DEAD? Is the lesson from the crisis that principles based regulation needs to be re-thought? | Professor R. Baldwin
    3) ANALYSING REGULATORY FAILURE How can we understand the regulatory failings that preceded the crisis? How can we evaluate their role in the crisis? | Professor V. Heyvaert
    4) REGULATORY STABILITY How can business demands for regulatory stability be set reconciled with needs for flexibility and market responsiveness? | Professor R. Baldwin

DAY 3: EVALUATING REGULATORY SYSTEMS AND PERFORMANCE RISK-BASED REGULATION

  • Making strategies of risk based regulation work: the challenges | Professor R. Baldwin
  • REGULATION IN THE TRANSNATIONAL CONTEXT The role of non-state actors in regulation and issues of trans-jurisdictional legitimacy | Professor V. Heyvaert
  • IMPACT ASSESSMENT, COST-BENEFIT TESTING AND REGULATION The role of Cost Benefit Analysis in regulation. Technical issues | Professor R. Baldwin
  • REGULATORY IMPACT ASSESSMENT: WORKSHOP Issues arising in applying a cost benefit approach to evaluating regulations. Case study | Professor R. Baldwin
  • REGULATORY IMPACT ASSESSMENT: DOES IS ADVANCE THE SEARCH FOR BETTER REGULATION The worldwide search for less intrusive, lower cost, more effective regulation – how this sits with other approaches such as impact assessment. How RIAs impact on policy processes | Professor R. Baldwin
  • COMPETITION IMPACT ASSESSMENT This session considers the use of ex ante and ex post competition assessment in avoiding anticompetitive regulation, creating more effective and less burdensome regulation, and the role that competition authorities might play in this | Professor N. Rangone
  • ASSESSING REGULATORY BURDENS Regulators faced with the measurement and reduction of administrative burdens and substantive compliance costs | Professor N. Rangone
  • CORRUPTION IN REGULATION, CORRUPTION BY REGULATION Ethics, law and economics: a controversial relationship. The paradox of regulating ethicsto keep corruption under control | Professor M. De Benedetto
  • CONCLUSION: HOW TO SECURE EFFECTIVE REGULATION | Professor M. D’Alberti