Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation

Forthcoming in (2022) 42 Oxford Journal of Legal Studies

25 Pages Posted: 19 Sep 2022

Date Written: September 16, 2022

Abstract

Regulation is sometimes designed to be future-proof, so that it can adapt to changing economic and technological realities. The EU (and UK) Regulatory Framework for electronic communications was expressly crafted to be able to adjust to the evolution of the industry. This article considers how well the regime has stood the test of time and, based on this analysis, what lessons can be drawn for regulation more generally. It appears that, by and large, the Framework has effectively accompanied the transformation of telecommunications in Europe. On the other hand, the EU legislature’s commitment to future-proof intervention has waned over time. Every new review of the regime has represented a move away from the philosophy and mechanisms conceived to ensure that regulation would adapt seamlessly to industry shifts. This experience suggests that the failure or success of future-proof intervention primarily hinges on the intertemporal consistency of legislatures.

Keywords: economic regulation, administrative law, public law, EU law, Internet

JEL Classification: K2, K23, L43, L51, L96, L86

Suggested Citation

Ibáñez Colomo, Pablo, Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation (September 16, 2022). Forthcoming in (2022) 42 Oxford Journal of Legal Studies, Available at SSRN: https://ssrn.com/abstract=4220515

Pablo Ibáñez Colomo (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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