The regulator and its judge(s)

Conference Club Debate

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Salle Raymond Aron, Université Paris-Dauphine

The decisions of economic regulators are subject to judicial review, in forms which vary across jurisdictions and matters (specialized courts / general circuit, single court / multiple courts depending on subjects, multiple, first and last resort / multiple levels, full reviews / manifest error). The regulator’s opinion may also be taken into account by courts ruling on decision taken by other public bodies, or on cases involving regulated entities.

These reviews have historically contributed to shape the legal framework in which regulators operate – in respect of procedures as well as of substance – as well as their organization and processes. In recent years, the increasing number and/or complexity of litigation cases have absorbed a substantial share of the resources of economic regulators in some jurisdictions. They also raise questions for courts: technical complexity, expertise, consistency across sectors and jurisdictions (e.g. in the EU).

This workshop will be organised around two roundtables: the first one will confront the experience of regulators from various jurisdictions and sectors on the extent and key features of litigation on regulatory matters, on their impact on the regulator (on decisions, procedures, substance, organization) in the near / long term, and on how they face the development of highly complex or mass cases. In the second roundtable, academics and judges, including former regulators, will exchange views on key trends in regulatory litigation, in particular on recent developments on the types of claims, on case law (on substance and on regulatory procedures), as well as in the organization of court systems to review regulatory decisions.

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