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

Author

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  • 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
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    File URL: https://mpra.ub.uni-muenchen.de/3574/1/MPRA_paper_3574.pdf
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    Citations

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    Cited by:

    1. 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.
    2. Wolfgang Kerber & Julia Wendel, 2014. "Regulation of Network Sectors in the EU: A Federalist Perspective," MAGKS Papers on Economics 201422, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    3. Hitoshi Mitomo & Hidenori Fuke & Erik Bohlin (ed.), 2015. "The Smart Revolution Towards the Sustainable Digital Society," Books, Edward Elgar Publishing, number 16020.
    4. 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).
    5. 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.

    More about this item

    Keywords

    Institutional framework; Article 7 procedure; accountability and judicial review;
    All these keywords.

    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

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