IDEAS home Printed from https://ideas.repec.org/p/pra/mprapa/3574.html
   My bibliography  Save this paper

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

Author

Listed:
  • 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.

Suggested Citation

  • Larouche, Pierre & Larouche, Maartje, 2006. "The Triangular Relationship between the Commission, NRAs and National Courts Revisited," MPRA Paper 3574, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:3574
    as

    Download full text from publisher

    File URL: https://mpra.ub.uni-muenchen.de/3574/1/MPRA_paper_3574.pdf
    File Function: original version
    Download Restriction: no

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Philippe DEFRAIGNE & Alexandre de STREEL, 2011. "Where Should the European Union Intervene to Foster the Internal Market for eComms?," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(82), pages 63-84, 2nd quart.
    2. Klein, Gordon & Wendel, Julia, 2014. "Innovation in European telecommunication regulation: The diffusion of regulatory remedies," 20th ITS Biennial Conference, Rio de Janeiro 2014: The Net and the Internet - Emerging Markets and Policies 106862, International Telecommunications Society (ITS).
    3. Philippe Defraigne & Alexandre de Streel, 2011. "What is the digital internal market and where the European Union should intervene?," RSCAS Working Papers 2011/33, European University Institute.
    4. Hitoshi Mitomo & Hidenori Fuke & Erik Bohlin (ed.), 2015. "The Smart Revolution Towards the Sustainable Digital Society," Books, Edward Elgar Publishing, number 16020.

    More about this item

    Keywords

    Institutional framework; Article 7 procedure; accountability and judicial review;

    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

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:3574. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Joachim Winter) or (Rebekah McClure). General contact details of provider: http://edirc.repec.org/data/vfmunde.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.