Meeting with Agnieszka Janczuk-Gorywoda 'Private Governance Towards Private Governance of Public Interest in Financial Markets'

It is our pleasure to announce the upcoming meeting of the Groningen Centre for European Financial Services Law (GCEFSL)  on Thursday 13 June with Agnieszka Janczuk-Gorywoda (University of Utrecht). The topic of Agnieszka's lecture is "Towards private governance of public interest in financial markets".

The lecture will call for the creation of a legal framework for ‘private regulatory actors of public interest’. It will be shown that (and how) private rule-making organizations, among other matters, can significantly distort the attainment of public policy goals. European models of democracy are based on a compromise between liberal and republican traditions whereby individual rights enjoy strong protection but are not absolute and instead limited in legitimate ways. It will be argued that if private rule-making organizations can significantly distort the attainment of public policy goals, they can distort the ‘common good’ specified within the democratic framework. This should justify subjecting such private organizations to accountability requirements similar to that of public regulators. While introducing such accountability requirements for all private regulators may have undesirable consequences and excessively restrain private autonomy, it should be possible to impose them on those private regulatory actors that to a certain appreciable extent affect the ability of States to achieve their regulatory goals.

Agnieszka Janczuk-Gorywoda is Assistant Professor at Utrecht University Law School where she coordinates and teaches in the LL.M. and Master's programme in Law and Economics. As of 1 June, she will be a Visiting Fellow at the GCEFSL. Prior to joining Utrecht Law School she was Assistant Professor at Tilburg University Law School and member of the Tilburg Law and Economics Center (TILEC) management team. She also held research positions at London School of Economics, Columbia Law School, The Hague Institute on Internationalisation of Law, European University Institute and University of East Anglia. Agnieszka’s research spans over EU and transnational payments law, private governance of markets, private regulation, competition law, banking law and the New Approach to technical harmonisation. She is the author of several publications, including an article on the Evolution of EU Retail Payments Law published by the European Law Review (2015). Her monography “Evolution of Private Regulation in the European Integration: Between Effectiveness and Legitimacy” is forthcoming with Cambridge University Press.

If you are interested in attending the lecture, please register before 5 June by sending an e-mail to m.w.wallinga rug.nl.