Revolution or Evolution - What Institutional Future for EC Communications Law

Abstract

This paper discusses what institutional model is best able to address identified deficiencies in enforcement of the Electronic Communications Framework, ie lack of consistency and independence of NRAs. An examination of the three paradigm models otherwise available in EC law reveals that the current 'network-based' model is basically sound. While it should be strengthened and supplemented, it should not be replaced. The author argues 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 ERG.

Keywords: electronic communications, enforcement models, consistency, independence, accountability

JEL Classification: K23, K40, H11, L51