Abstract

ARCINIEGAS, JAVIER SANCLEMENTE. The independence of the regulator in France and Colombia. Rev. Derecho [online]. 2019, n.51, pp.186-209.  Epub Mar 20, 2020. ISSN 0121-8697.  https://doi.org/10.14482/dere.51.347.

The independent regulator is an institution distant from the legal tradition shared by France and Colombia. The adoption of this institution in Colombia has raised difficulties which were associated with the influence of french law. Nevertheless, France has managed to overcome the legal challenges posed by the institution and the French legal system adequately protects the independence of the regulator. This demonstrates that the institution is not incompatible with the common legal culture. To consolidate the independence of the regulator in Colombia it is relevant to analyze the French system and to moderate the influence of another colombian tradition: presidentialism.

Keywords : Regulation's law; economic law; market authority; independence; efficacy; expertise.

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