scholarly journals The Evolution of the European Regulatory Framework for Electronic Communications

Author(s):  
Johannes M. Bauer

2003 ◽  
Vol 4 (12) ◽  
pp. 1307-1334
Author(s):  
Sascha Loetz ◽  
Andreas Neumann

The European Community's (EC) regulatory framework for electronic communications contains many detailed and complicated regulations with regard to the content of sector-specific regulation in the field of telecommunications. Remarkably, though, it is rather reticent concerning the question which markets shall be subject to sector-specific regulation. In the ongoing process of transposition, this has caused much confusion and misunderstanding. This article therefore, strives to clarify the mechanism for determining which markets are, at least potentially, subject to sector-specific regulation provided by the Framework Directive (sub B.). At the national level, a draft of the German Telecommunications Acthas been presented by legal experts of the Federal Ministry of Economics and Labour on April 30th, 2003 (Draft German Telecommunications Act), and the subsequent Federal Government's draft act was published on October 15th, 2003 (Revised Draft German Telecommunications Act). These drafts may serve as an example of bringing sector-specific regulation in line with general insights of competition policy within the discretionary scope left by the regulatory framework of the EC (sub C.).



Info ◽  
2016 ◽  
Vol 18 (2) ◽  
pp. 1-16 ◽  
Author(s):  
Martin Cave ◽  
Tony Shortall

Purpose – The purpose of this paper is to consider circumstances when technological neutrality in fixed broadband (according firms the power to determine technological choices untrammelled by regulation or the operation of specific incentives) should be adopted. Design/methodology/approach – The paper reviews the likely effect of such a policy on the competitive structure of fixed broadband markets, taking four case studies as examples. Findings – The paper finds that choices made by broadband firms with respect to the adoption of fibre to the home versus fibre to the premise, the use of vectoring and the variant of fibre to the home adopted (point to point or point to multipoint) can have a significant effect on the nature of access products which can be provided and thus in the market structure of fixed broadband markets. Access providers can, thus, abridge or foreclose competition in downstream markets. Accordingly, regulators may decide to seek to influence such technological choices to promote competition. But this should be done carefully. Originality/value – These issues are part of the on-going debate concerning the revision of the European regulatory framework for electronic communications services.







2012 ◽  
Vol 3 (2) ◽  
pp. 202-211 ◽  
Author(s):  
Claudio Mereu

EU legislation on genetically modified organisms (GMOs) is the most stringent legislation governing the matter in the world, laying down strict conditions relating to labelling, traceability, threshold and release on the market. In light of a recent Commission proposal to amend Directive 2001/18, which currently regulates the release of GMOs on the European market, this article asks whether and on what basis such stringency is justified. This is done through an in depth analysis of the EU regulatory framework for GMOs while at the same time highlighting the multiple interests at stake (environmental, scientific, industrial, political, national and European).This article argues that the European institutions should proceed to amend Directive 2001/18 on the basis of a detailed examination of the benefits as well as the risks that GMOs present. This article, however, raises concern that the European regulatory framework will focus exclusively on the risks or on political concerns relating to GMOs instead, for it is a fear of GMOs that seems to permeate the system from top to bottom.



Author(s):  
Ioannis P. Chochliouros ◽  
Anastasia S. Spiliopoulou ◽  
Stergios P. Chochliouros

The gradual “penetration” of an innovative, digitally-oriented information society, in the scope of the actual convergence among telecommunications, broadcasting and information technology, create primary opportunities for access and exploitation of Public Sector Information (PSI), in the context of a fully competitive and liberalised European electronic communications market. There are now significant challenges on the scene, for improving mutual communication between public sector and private companies, thus creating chances for exploiting new opportunities, to the benefit of the broader European market(s). However, the non-existence of an appropriate legal framework governing the conditions and/or terms for the commercial use of PSI constitutes a serious drawback for any serious attempt towards evolution, and for an effective development of a European e-Communications market. Recent European regulatory-oriented policies have established and supported suitable measures and provisions, to ensure access to PSI for all interested parties and for their “free” circulation among Member States. In the context of the suggested contribution we examine current European harmonization regulatory measures, towards creating transparency and legal security for all market players involved in the wider content market, thus contributing to growth.



2011 ◽  
Vol 2 (2) ◽  
pp. 193-195
Author(s):  
Dennis Paustenbach ◽  
Julie Panko

In this issue of the journal, Dr. Ragnar Lofstedt examines the current state of the EU regulatory framework with respect to chemicals and illustrates how the hazard-based approach sealed the fate of two important chemicals in the EU market-place. He also explores how the attitudes, technical knowledge and economic influences of the individual member states determine the outcome of environmental and chemical regulations. Lastly, Dr. Lofstedt provides some recommendations to improve consistency in the European regulatory process and ensure greater scientific, as well as, risk-based regulations.



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