This book explores the evolution of EU economic law through an analysis of regulatory spaces in various fields of EU economic regulation.
Regulatory space, a concept used by Professor Leigh Hancher whose academic work this edited volume celebrates, is a metaphor that allows for a reconceptualisation of regulatory processes in EU economic law. It calls for a critical reflection of the limits of law in regulating economic activity but also identifies public rulemaking and enforcement as just two means of governance.
This carefully curated selection of original contributions by leading experts in EU law, policy, and practice identifies the multiple regulatory spaces in areas such as competition policy, energy regulation, and State aid whereby organisational relationships, contestation, and negotiation among different public and private economic actors shape the contemporary EU regulatory landscape.
Contributors analyse the challenges of regulatory design and the fundamentals of regulatory reform, the role of regulatory agencies, the evolving regulatory space in emerging sectors, interactions of public and private authority in various policy domains, including digital platforms and energy regulation, and the impact of recent legal and political developments on the EU regulatory landscape.
Combining theoretical insight with practical analysis, EU Law and Regulatory Spaces is an essential resource for academics, practitioners, and policymakers seeking to understand the future trajectory of regulation and governance within the EU.
1. Introduction: Regulatory Spaces and EU Law, Panos Delimatsis and Giorgio Monti (Tilburg University, the Netherlands) Part I: Cross-Cutting Themes on EU Law: Contested Regulatory Spaces 2. The Dark Side of the Internal Market, Sacha Prechal (Court of Justice of the European Union, Luxembourg) 3. Organising Regulatory Space – A Constitutional Perspective on Good Regulation and Enforcement in Europe, Linda Senden and Elisabetta Manunza (Utrecht University, the Netherlands) 4. Regulatory Space in the Light of the Platform Economy, Pierre Larouche (Montreal University, Canada) 5. Filling One Regulatory Space Based on Lessons Learned from Another: Telecoms vs Digital Platforms, Peter Alexiadis (King’s College London, UK) 6. Shared Regulatory Space to Advance the Internal Market: The Evolution of the EU Standardisation Approach, Panos Delimatsis (Tilburg University, the Netherlands) Part II: Regulatory Spaces in EU Competition Law/State Aid 7. Coordination Among Agencies: Laws and Networks, Giorgio Monti (Tilburg University, the Netherlands) 8. Corporate Accountability in EU Competition Law, Wolf Sauter (Vrije Universiteit Amsterdam, the Netherlands) 9. The European Competition Network: Another Type of Integration? Marc van der Woude (General Court of the European Union, the Netherlands) and Adrien de Hauteclocque (Court of Justice of the European Union, Luxembourg) 10. Ex ante v. ex post Intervention in Digital Markets: The Need for an Equilibrium, Damien Geradin (Geradin and Partners, Belgium) 11. FRAND Outside the Context of SEPs, Paul Lugard (Baker Botts, Belgium) 12. EU Money and State Aid Control, Andrea Biondi (King’s College London, UK) 13. The Principle of Non-Discrimination in State Aid Law, Jorge Piernas (University of Murcia, Spain) Part III: Regulatory Spaces in Energy Law 14. The Evolving Role of the State and Markets in the EU Energy Policy, Kaisa Hutha (University of East Finland) 15. Regulation of Anticipatory Investments in Energy Infrastructures, Catherine Banet (University of Oslo, Norway) 16. Navigating the Financial Landscape of the Dutch Energy Transition: Regulatory Challenges and Opportunities, Saskia Lavrijssen (Nijmegen School of Business and Management, the Netherlands) and Shanya Ruhela (Tilburg University, the Netherlands) 17. I Want my Space: Reflections on the Independence of Energy Regulators in Light of the CJEU Case-law, Francesco Salerno (Brussels Office of Gianni and Origoni, Belgium) 18. Energy Regulation: Differences with Energy Law and Energy Justice, Inigo Del Guayo (University of Almeria, Spain) 19. If it ain’t broke, don’t fix it: Navigating the EU Regulatory Space for Hydrogen, Malgorzata Sadowska and Miguel Martinez Rodriguez (ACER, Slovenia)
Panagiotis Delimatsis is Professor of EU and International Trade Law and Giorgio Monti is Professor of Competition Law, both at Tilburg University, the Netherlands.
