Week 3B: Market Regulation and the Public/Private Divide Flashcards

1
Q

TRUE or FALSE: The EU acknowledges the distinction between private and public law to some extent.

A

FALSE
–> idk me no philosopher
–> but basically ye

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain what European regulatory Private law is

A
  • when eu sec. law
    -affects the rel. of priv. party
    -REGARDLESS, of the nature of the law (pub vs. prov) (indirect or direct)
    -TRANSPOSED into leg. order MS
    -FOCUS: private law furthers European Integration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain the strengths of ‘European Regulatory Private law’

A
  1. incr. Market integr.
    -harmonisation=
    -level playing field for bus.
    -adeq. protec. 4 consumers
    -other public goals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain the challenges of European Regulatory Private Law

A
  1. Div. nat. laws
  2. Information asymmetry btwn mark. part.
  3. digititlisat. harder to adj. law to changing times
    4.emerg. focus on sustainability
  4. purely nat. solutions do not suffice
    -neither do ‘public law’ instruments + enforcmenet mechanisms (NB: watch lecture recording on this part)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain the legal matrix of European Regulatory Private Law

A

Watch lecture recording

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Give an example illustrating the existence of European Regulatory Private Law and explain your choice.

A

-Product Liability Directive
-strict liability for damage (affects priv rel.) caused by defect in product
-private law orient. mechanism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

List examples of European Regulatory Private Law

A

-Product Liability Directive
-Unfair Commercial Practices Directive
-EU’s Payment Services Directive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Explain what European Supervision Private Law is

A
  • When EU conduct of business rules (in regards to relations with clients)
    -forms part of framework for PUB SUPERVISION.
    -+ public enforcement

NB: focus is on the fact that there is PUBLIC supervision, not on private enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Explain the Characteristics of European Supervision Private Law

A

-Regulatory in nature
-ex ante stand. sett. by public authorities
-Dev. outside the trad. priv. law system
-enforcement through admin law (sanctions,etc.) NOT civil courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Give an Example of European Supervision Private Law and explain your choice.

A

Markets in Financial Instruments Directive
-provides for administrative fines
-can by imp. by competent adminsitrative supervisory authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain the differences between European Supervision Private and Traditional Private law

A

-public enforcement vs. priv. enforce.
-reg. vs interperrsonal justice
- ex ante stand. setting vs. ex. post
-Dev. outside trad. priv. law systems

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explain the differences between European Supervision Private Law and traditional national public law

A
  1. supervision still affects hor. relationship
    -pub. law concerns ver. rel.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain the relationship between European Regulatory Private Law and European Supervision Private Law

A
  • European Supervision Private Law is part of
    European Regulatory Priv. Law, as concerns rules which concern:
    -hor. rel.
    -but mainly those that create the framework for pub. sup.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Explain the differences between European Supervision Private Law and European Regulatory Private Law

A

-European Supervision Private law only concerns norms that
-form frame. 4 use of pub. enf.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TRUE or FALSE: the Payment Services Directive has both pub. and priv. law grammar

A

-TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

TRUE or FALSE: THE MiFID II only has private law grammer

A

FALSE: only has public law grammar

17
Q

Explain the regulatory compliance defence

A

-Contending that follow. gov. standards so acti/product is not illegal
(think: if accused of car being unsafe, claim followed standards)

18
Q

Give an example of Regulatory Compliance Defiance Being Used

A

Woekerpolis Scandal
-argued followed all standards set by pub. law
-but priv. law applied here

19
Q

What are the three ways to view the relationship between EU Market Regulation and National Private Law

A

Through three models
-separation
-substitution
-complementarity

20
Q

Explain the Separation model

A
  • EU reg. public law not transposed into private law
21
Q

Explain the substitution Modal

A

-EU reg. private law becomes part of NAT. private alw
-supersede previous norms

NB: nat. laws cannot hv more stringent requirements
-than those set by EU regulations und. this model

22
Q

Explain the complementarity modal

A

-EU reg. priv. law rule becomes part of nat. pub. law
-but infl. priv. law rules
-judge tend to follow princ.

NB: here possible for national private 2 imp. strict. stand. than eu law

23
Q

Explain the difference between the substitution model and complementary model

A

-Substitution model–> eu reg. priv. law rules become part of nat. priv law
-but that nat legal syst cannot employ strict. restrictions than tht eu law
-Complementarity model–> national private law not restricted by eu reg. pub law

24
Q

Explain why the EU does not underline the differenece between Private Law and Public Law

A

-FUNCTI. APPROACH
-PROB. solving
-maximimise, tailor-made approach > distinction