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The Legislator’s Perspective

This document reviews key insights from the International Legal Expert Meeting held in Leiden on January 19-20, 2012, focusing on the distinctions between limited and unlimited authorizations and grants as discussed by Prof. Frank van Ommeren. It explores principles-based vs. rules-based regulation, fairness in competition, transparency, allocation procedures, and the regulatory framework necessary for governing authorizations. Key topics include selection criteria, duration of grants, tradability of licenses, and legal protections, as well as answering general questions about the viability and utility of these distinctions in legislative practices.

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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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