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Surveying Regulatory Regimes for EC Communications Law

In: Telecommunication Markets

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  • Maartje de Visser

Abstract

This paper discusses what institutional model is best able to address identified deficiencies in the enforcement of the 2002 EC Electronic Communications Framework, ie a lack of consistency in the application of the legal rules and the lack of independence of the front-line institutions for the daily administration of EC law: the national regulatory authorities (NRAs). An examination of the three paradigm models otherwise available in European law reveals that the current ‘network-based’ model is basically sound. While it should be strengthened and supplemented, it should not be replaced. It is argued that it is time to move beyond these ‘basic’ questions of institutionalization to the more fundamental question of the constitutionalization of this model, through a debate on the legitimacy and accountability of its central construct: the European Regulators Group (ERG).

Suggested Citation

  • Maartje de Visser, 2009. "Surveying Regulatory Regimes for EC Communications Law," Contributions to Economics, in: Peter Curwen & Justus Haucap & Brigitte Preissl (ed.), Telecommunication Markets, pages 481-501, Springer.
    • Handle: RePEc:spr:conchp:978-3-7908-2082-9_27
    DOI: 10.1007/978-3-7908-2082-9_27
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