Last January, the preliminary study on the criteria for independence of regulators in the AVMS directive has been published. Although, this relates to media and not purely telecoms, the criteria could arguably also be applicable for telecoms regulators. The final study is expected for later this year.
In this regards, I believe that some works could be done to harmonize the wording applicable to the notion of independence of regulators across the various regulated sectors (the legal provisions differ not only in the AVMS directive and the Framework directive but also in the directives applicable to the energy sector or to data protection). Some guidelines for such exercise could be found in Case C-518/07, Commission and EDPS v. Germany (re. data protection).
2 comments:
It is not just a question of wording: especially political independence was a bitterly fought issue for instance in the AVMS directive, but - to a lesser extent - also in the telecoms review. It is not by accident that there is no explicit requirement for an independent regulator in the AVMS-directive (though there was in the commission's proposal).
For a comparison of the directives' wordings, I have made a synopsis, comprising electronic communication networks and services, electricity, natural gas, railways, postal services, audiovisual media services, and airport charges
Thanks. Fully agree on the political motives behind the discrepancies, yet an harmonization would be welcome in my view. There are no 10 ways to be independent....
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