La regolazione europea dei mercati:modelli a confronto.

The object of this research concerns the analysis of the phenomenon of regulation, in the context of European expression, which is articulated through the study of acting regulatory markets of banking and energy, which were affected by different expressions, both functional Structural public intervention. This approach allows to make an evaluation of the different mechanisms through which wind through the phenomenon of regulation, in order to draw some considerations, in comparative terms, the connotations and principles underlying the operation of the system of European regulation. In particular, they are subject to compare different models market regulators of the banking and energy sectors.The first part of research was focused on finding the so-called "common elements" of the phenomenon of regulation: the study of the matter, on the one hand, led to regard the market as part of the constant adjustment and, in hindsight, true unifying element the different forms of expression of public action in the economic field. On the study of these two elements it is based legal analysis of individual models of intervention in the markets, and the specific functions and purposes acquitted by the action of adjustment. Equal importance is the phenomenon of the change of the ways of public intervention, which was detected with particular regard to the wide diffusion of instruments of regulation of public and private law.The initial intention is to determine whether the complex structure of the European regulatory system is inspired by principles and best pratices applied uniquely in every branch and whether the regulatory cornerstones of action have not changed over time. Secondly, it examined whether the application of different models of supranational cooperation in the various sectoral expressions, also bring to an easy convergence of objectives set by the European policies in the sector. Finally, it has been analyzed the different organizational and procedural purposes with which they are pursued. Following this comparative analysis of the identified models, they were necessary some final thoughts on the different types of regulation implemented in Europe, and what is the road taken by the European legislator for the achievement of the proposed uniform regulatory framework of the European Union. The emergence of the organizational models of the European network of national regulators and bodies fitting confirmed the need for greater exchange of information and best practice between national regulators. This cooperative is carried out fully support [advantage] of action functional of the European Commission and, therefore, leads to suppose the only "centralization of cooperative choices at European level (particularly in areas such as energy and electronic communications) under ' umbrella of harmonization desired by the pro competitive ".Such preliminary construction, even partially acceptable, must contend with the view of establishing genuine European regulators, have structures and autonomous functions that do not coincide with the structure of the "network" of regulators. In this regard, at the conclusion of this research, he wanted to come to a (at least) a preliminary response to the issue introduced with the analysis of the birth of the new European Regulators and if so, these organizations represent the first step for the formation of a control system, no longer represented by the close cooperation between the Commission and national regulators, but rather consists of a "center of attribution of the unitary European regulation of industry."