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The Legislator’s Perspective. Limited Authorizations and Grants International Legal Expert Meeting, Leiden 19-20 January 2012 Prof. Frank van Ommeren. Authorizations and Grants. Limited -> interested parties should have opportunity to compete? - PowerPoint PPT Presentation
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Faculty of Law
The Legislator’s PerspectiveLimited Authorizations and GrantsInternational Legal Expert Meeting, Leiden 19-20 January 2012Prof. Frank van Ommeren
Faculty of Law
Authorizations and Grants
• Limited -> interested parties should have opportunity to compete?
• Unlimited -> granting by “direct agreement” allowed?
=> How to distinguish limited and unlimited?
Faculty of Law
A general regulatory framework What?• General Act on Limited Authorizations and
Grants• General Administrative Law Act (chapter)
How?• Principles-based regulation• Rules-based regulation
Faculty of Law
Principles-based regulation
• Principle of Equal Treatment– goal-based regulation – differentiation criteria
• Principle of Transparency – enable the market to open up to competition– review impartiality
Faculty of Law
General prescriptive rules
Potential candidates and applicants should know in advance:
• Availability of authorization or grant• Allocation procedure + objectives• Selection and award criteria
Power to set a ceiling
Faculty of Law
Allocation procedures• in the order of receipt of the applications
(first come first served)• by means of a proportional division• by means of a lottery• by means of a comparative test (beauty
contest, tender)• by means of an auction
Faculty of Law
Other topics?• duration• incomplete applications• advisors, referees, experts etc.• tradability of licences• legal protection• etc. etc.
Faculty of Law
Regulation of scarcity
• Abstract level -> general legal rules, legislation, policy plans etc.
• Concrete level -> limited scheme of authorizations and grants
Also a legislator’s choice!
Faculty of Law
Several general questions…• Is it possible – and workable – to distinguish between so-
called limited and unlimited authorizations and grants?• Is it useful to include the principle of equal treatment and
the principle of transparency in a general regulatory framework on limited authorizations and grants?
• Is it useful to include general prescriptive rules on limited authorizations and grants in a general regulatory framework? Which rules are most urgent?
See also Questionnaire Part II. General questions: 1, 2, 3!