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The Legislator’s Perspective

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?

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The Legislator’s Perspective

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  1. The Legislator’s Perspective Limited Authorizations and Grants International Legal Expert Meeting, Leiden 19-20 January 2012 Prof. Frank van Ommeren

  2. Authorizations and Grants • Limited -> interested parties should have opportunity to compete? • Unlimited -> granting by “direct agreement” allowed? => How to distinguish limited and unlimited?

  3. A general regulatory framework What? • General Act on Limited Authorizations and Grants • General Administrative Law Act (chapter) How? • Principles-based regulation • Rules-based regulation

  4. 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

  5. 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

  6. 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

  7. Other topics? • duration • incomplete applications • advisors, referees, experts etc. • tradability of licences • legal protection • etc. etc.

  8. 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!

  9. 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!

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