The article that I wrote on the need to have an EU regulator has just been published in the European Competition Journal. This article won the 6th Young lawyer writing competition of the International Bar Association. Here is the abstract:
This paper argues that the use of inadequate soft law and hard law tools to regulate markets at EU level in the past justifies assigning to the European Commission (“Commission”) the power to regulate markets at EU level in order to ensure that such regulation complies with the principles of the EU framework for communications, in particular judicial control. The Draft 2010 Framework proposed by the Commission does not give the European Electronic Communication Market Authority (“EECMA”) the power to act as a EU regulator but entrusts the Commission with this task. The Draft 2010 Framework leaves however the scope of the judicial control of the Commission's action unclear.
This paper argues that the use of inadequate soft law and hard law tools to regulate markets at EU level in the past justifies assigning to the European Commission (“Commission”) the power to regulate markets at EU level in order to ensure that such regulation complies with the principles of the EU framework for communications, in particular judicial control. The Draft 2010 Framework proposed by the Commission does not give the European Electronic Communication Market Authority (“EECMA”) the power to act as a EU regulator but entrusts the Commission with this task. The Draft 2010 Framework leaves however the scope of the judicial control of the Commission's action unclear.
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