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The Triangular Relationship between the Commission, NRAs and National Courts Revisited

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Author Info
Larouche, Pierre
Larouche, Maartje
Abstract

In this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive 2002/21. They conclude that the Commission proposals leave key questions and their implications outside of discussion and fail to address core issues such as the standard of assessment under Article 7, the accountability for decisions taken upstream of the NRA, and the scope and depth of judicial review.

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File URL: http://mpra.ub.uni-muenchen.de/3574/
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Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 3574.

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Date of creation: Dec 2006
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Handle: RePEc:pra:mprapa:3574

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Related research
Keywords: Institutional framework Article 7 procedure accountability and judicial review.

Find related papers by JEL classification:
K29 - Law and Economics - - Regulation and Business Law - - - Other
K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
L96 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Telecommunications

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This page was last updated on 2008-11-17.


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