The protection of the European citizen in a competitive e-society: The new E.U. universal service directive

A new regulatory framework for electronic communications (fixed and mobile telephony, Internet, cable TV, …) is due to be applicable in the Member States of the European Union in July 2003. This framework is composed of several Directives whose one – the Universal Service Directive – regulates the retail markets and the relationships between operators and end-users. The paper details this Directive and reviews its three-pillars structure: control of undertakings with significant market power, enhanced consumer protection, and guarantee of universal access to the most important electronic communications services. The paper shows that the new Directive is more an evolution than a revolution with regard to the previous regime. It maintains the faith in the market to deliver the best possible deal to the European consumers, and calls for a severe reduction of retail regulation and a more efficient provision of the universal service. The paper concludes by advocating for a migration of the concept of universal service from its liberalization origins to a European citizenship context.