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#Cross-sector

Code of conduct & best practices for the setup, operations and procedure of regulatory authorities

  • May 7, 2014
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CERRE | Code of conduct & best practices for the setup, operations and procedure of regulatory authorities

Europe’s experience of more than 20 years with liberalisation and competition in network industries, such as electricity, gas, rail, telecommunications, media, postal and water services, is mixed. It shows nevertheless that the presence of well-functioning regulatory authorities is an essential, but not sufficient condition to secure consumers’ access to services and also to foster investments and growth in those crucial sectors for the European economy.

The CERRE Code of Conduct and Best Practices for the setup, operations and procedure of regulatory authorities provides fresh insight into the efficient enforcement of regulation by regulatory authorities in Europe’s network industries. It codifies how regulators should interact with regulated entities and governments at all stages of the regulation process. It also lays out key principles that should guide regulatory action and identifies best practices.

On the basis of its analysis, which surveys existing literature and practices, the CERRE Code shows that the regulatory authority must be given a clear legislative mandate. The latter should be combined with broad powers to allow its discharge and sufficient budgetary resources to adequately carry out the tasks which it encompasses.

The Code also sets out that in its operations, the regulatory authority should engage openly and transparently with all stakeholders, and actively and constructively collaborate with national governments, the EU and the European Commission. When considering introducing regulation, the authority should conduct thorough impact assessments and consultations, and give comprehensive reasons for its decisions.

Finally, while keeping in mind cost-effectiveness, it should conduct ex-post assessments of its policies to be able to understand their impact and optimise its interventions.

A vibrant European internal market which delivers benefits to citizens and consumers needs independent, accountable and efficient regulatory authorities. The CERRE Code provides a critical contribution to the understanding and dissemination of robust governance principles and best practices across Europe’s Member States.

Author(s)
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Pierre Larouche
Pierre Larouche
Research Fellow
and University of Montréal

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

Bruno Liebhaberg (Website)
Bruno Liebhaberg
Executive Chairman¹ ²

Bruno Liebhaberg is Executive Chairman of the think tank Centre on Regulation in Europe (CERRE) which he founded in 2010.

From 2018 to 2021, he was also the first Chairman of the European Union Observatory on the Online Platform Economy. He is also an Honorary Professor at the Université Libre de Bruxelles’ Solvay Brussels School of Economics and Management (SBS-EM ULB) where he taught from 1979 to 2018. Earlier in his career, he advised former European Commission President Jacques Delors on industry and R&D matters related to the completion of the EU Single Market.

He holds a Master’s in management sciences from SBS-EM ULB and a Ph.D. in Industrial Relations from the London School of Economics and Political Science.

¹Also representing B.LIEBHABERG S.A., Director General
²Member of the Strategic Committee

Bruno Liebhaberg is Executive Chairman of the think tank Centre on Regulation in Europe (CERRE) which he founded in 2010.

From 2018 to 2021, he was also the first Chairman of the European Union Observatory on the Online Platform Economy. He is also an Honorary Professor at the Université Libre de Bruxelles’ Solvay Brussels School of Economics and Management (SBS-EM ULB) where he taught from 1979 to 2018. Earlier in his career, he advised former European Commission President Jacques Delors on industry and R&D matters related to the completion of the EU Single Market.

He holds a Master’s in management sciences from SBS-EM ULB and a Ph.D. in Industrial Relations from the London School of Economics and Political Science.

¹Also representing B.LIEBHABERG S.A., Director General
²Member of the Strategic Committee

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