The new era: a post-regulatory state era Post-regulatory states are characterized by less faith in control mechanisms involving public regulators the emergence of alternatives to command- and-control regulation
11 The new era: a post-regulatory state era “Post-regulatory states” are characterized by: • less faith in control mechanisms involving public regulators • the emergence of alternatives to commandand-control regulation
There is a shift from traditional models of regulation towards different models of responsive and smart regulation 12
12 There is a shift: • from traditional models of regulation • towards different models of responsive and smart regulation
Regulatory law has not exactly the same meanIng ° In regulatory states and in post-regulatory states 13
13 Regulatory law has not exactly the same meaning: • in regulatory states • and in post-regulatory states
In regulatory states regulation has a narrow meaning It describes a distinctive set of techniques used by states to control the operations of markets In regulatory states the set of techniques used to control and correct the operations of market are mainly o public state law o regulatory agencies 14
14 In regulatory states, regulation has a narrow meaning: • It describes a distinctive set of techniques used by states to control the operations of markets • In regulatory states the set of techniques used to control and correct the operations of market are mainly: o public state law o regulatory agencies
n post-regulatory states, regulation has acquired a broader meaning Regulation still describes a distinctive set of techniques used to control the operations of markets However, public state law and specialized regulatory agencies are not considered anymore the sole type of legal mechanism having a regulatory ffect In post regulatory states. regulation is characterized by the emergence of global regulation and European regulation the development of modes of regulation involving a plurality of actors, including private actors the increased regulatory function of private law the increased role of private enforcement
15 In post-regulatory states, regulation has acquired a broader meaning • Regulation still describes a distinctive set of techniques used to control the operations of markets • However, public state law and specialized regulatory agencies are not considered anymore the sole type of legal mechanism having a regulatory effect • In post regulatory states, regulation is characterized by: • the emergence of global regulation and European regulation • the development of modes of regulation involving a plurality of actors, including private actors • the increased regulatory function of private law • the increased role of private enforcement