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Points for discussion

Points for discussion. Panel Allocation systems and transparency Leiden, January 19 th 2012 Chair: D.C. Dragos , Romania. ALLOCATION SYSTEMS. TYPE OF RIGHTS TO BE ALLOCATED Scarcity vs. Public policy. Natural / technical. Public interest. Procedure .

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Points for discussion

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  1. Points for discussion Panel Allocation systems and transparency Leiden, January 19th 2012 Chair: D.C. Dragos, Romania

  2. ALLOCATION SYSTEMS • TYPE OF RIGHTS TO BE ALLOCATED • Scarcity vs. Public policy Natural / technical Public interest

  3. Procedure • Order of application : 1st came, 1st served • Drawing of lots: similar offers • Bid (auction) : highest offer • Tender: combination of criteria • Gambling: monopolies / restrictions • Radio: EU harmonization • CO2: trading schemes

  4. What scope for transparency? • Institutional arrangements • Governmental bodies vs. professional bodies • Independence? • Freedom of choice regarding public policy • Choice of the allocation system • Design of the allocation system

  5. What scope for transparency? • Allocation procedure • Establishing criteria • Usage of the scarce right • Limitation of possible applicants: new entrants (competition) vs. past experience

  6. 1. Ex ante transparency • Drafting the rules – legal certainty • Availability of the right • Design of the allocation system • Publicity

  7. 2. Transparency of the procedure • Competent body • Timeframes – reasonableness • Communication with interested parties – publicity • Redress procedures • access to documents • Legal consequences for lack of transparency

  8. 3. Ex post transparency • Control mechanisms • Transparency of findings • Sanctions and their publicity • Consequences for infringement of transparency requirements • Redress • Transparency of requirements for renewal • Conditioned by performance – assessment? • Regardless of performance – new entries, competition?

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