Learning outcomes

The teaching unit aims to provide students with the following skills:

- to know, understand and master the basic concepts, principles and rules of European regulation of electronic communications networks and services regulation;

- to know, understand and master certain basic elements of European terminal equipment regulation;

- to know, understand and master certain basic elements of Belgian electronic communications regulation;

- to be able to identify and use the relevant regulatory texts;

- to be able to place regulation and case law in their context;

- to be able to apply regulation to practical questions and issues;

- to be able to speak in public by intervening in front of other students and to defend a point of view in an argumentative manner;

- to be able to use the French language (and to a lesser extent English for texts used in that language) as a tool for legal thinking and to master the relevant (notably legal) terminology.

Goals

The goal of the teaching unit is to enable the student to master the learning outcomes. Thus, the teaching unit aims to introduce to the (European) regulation of electronic communications and to provide students with a thread through a regulation which is the result of constantly changing technological, economic and legal realities. In this way, the course aims to prepare students for professional life. The presentation is not intended to be exhaustive but to explain the basic concepts, structures and rules and to make the students capable of applying them.

 

Content

Electronic communications (i.e. communications between human beings or between machines that use the transmission of signals generated by electronic equipment by copper wire, coaxial cable, radio waves, optical fibres or other electromagnetic means) are the backbone of the information society. It is through electronic communications networks and services that sending a message, talking to one’s grandmother, accessing the Internet and e-commerce platforms, or viewing audiovisual media services such as streaming become possible.

The course introduces to the regulation governing electronic communications networks and services, but also addresses some elements of terminal equipment regulation. It focuses on European regulation, but also refers to the Belgian regulation that implements the EU rules, in particular the Belgian repartition of competencies in the field of electronic communications. At European level, the key text is the "European Electronic Communications Code" (Directive (EU) 2018/1972). This 2018 directive is a recast and a reform of four directives dating back to 2002 and is is the focus of the course.

The teaching unit starts with a presentation of the general context of the European regulation of electronic communications. Thus, the concept of "electronic communications" is discussed and its components are analysed. The economic and societal context of regulation, the approach it adopts and the topics that it should address are identified. The international structure and the elements of the European regulation are explained. The teaching unit then deals more specifically with the general provisions of the European regulatory framework for electronic communications by presenting its scope of application and its objectives. Also, some institutional aspects (regulatory authorities, network and service providers, end-users, etc.) are addressed. After the general provisions, the unit deals with the organisation of the markets for electronic communications networks and services. It addresses the rules on market entry; the measures aimed at effective and sustainable competition specifically on wholesale markets, such as measures governing access to resources held by other undertakings; the measures to guarantee the rights of end-users, such as those aimed at ensuring consumer protection and the availability of universal service or guaranteeing access to an open Internet.

 

 

Table of contents

See section "content".

Part 1. General context of European electronic communications regulation.

I. The object of European electronic communications regulation

II. The approach adopted by European electronic communications regulation

III. The economic and societal context of European electronic communications regulation

IV. Issues that regulation should address

V. The structure and elements of European electronic communications regulation

Part 2. General Provisions of the European regulatory framework for electronic communications.

I. Scope of application

II. Objectives

III. Horizontal principles

IV. “Actors” and institutional aspects

Part 3. Organisation of electronic communications markets

I. Market entry

II. Measures for effective and sustainable competition on wholesale markets: access to third party’s resources

III. Measures of protection for consumers and other end-users

IV. The availability of universal service

V. Guaranteeing access to an open internet ("net neutrality")

Part 4: Synthesis and prospects for the future

This table, as well as the contents of the course, may evolve in particular according to the time available and according to the evolution of regulation and implementation measures that will be adopted at European level. A more elaborated table of contents will be found in the slides of the course.

Exercices

Practical cases are taken into consideration during the lectures, in particular based on the case law of the CJEU. A "test of knowledge in electronic communications regulation", based on practical questions, is provided to students for self-assessment purposes. Parts of the subject will be introduced by one or more presentations of an analysis of a court ruling (normally a judgment or order of the Court of Justice of the European Union) made by groups of several students. The presentations will last a maximum of 15 minutes and will be supported by a powerpoint presentation. These analyses will also be the subject of a written paper of about ten pages (excluding the title page, table of contents and bibliography; Times New Roman 12, justified, line spacing 1.15). The court rulings will be assigned by drawing lots at an introductory session which will be held at the beginning of February 2023. All papers will be submitted 3 days before the first class which will take place in late February / early March 2023. The analyses will set the context of the rules concerned and provide a first explanation of these rules. More specifically, the analyses will consist of contextualising, examining and commenting on the court ruling dealt with (as well as the solution(s) it presents regarding a particular issue) in relation to the regulation of electronic communications.

 

Assessment method

As far as the assessment period organised at the end of the second semester (May-June) is concerned, the assessment is composed of two elements. Firstly, the analysis of a court ruling (see section "description of exercises") which as such counts for 5 points out of 20. This grading is based on two elements: the quality of the written paper and the quality of the presentation. There is one single mark per group of students.

Then, in the May-June session, a written examination taking the form of a multiple choice questionnaire is organized. This part counts for 15 points out of 20. This examination consists of 15 multiple choice questions and lasts a maximum of 90 minutes. Among the questions, there are questions for which it is asked in addition to indicate the legal basis of the answer. The subject matter of examination is limited to the oral lectures. There will be no specific questions on the analyses of court rulings as such. The subject matter covers the course's slides (without the exceptions which are indicated) and the explanations given in the oral lectures. The examination is done with "the books closed", i.e. without access to course slides, readings, WebCampus … . The student may only use the "Compendium of Regulation and Court Rulings".

As far as the assessment period organised at the end of the second semester (May-June) is concerned, the examination is an oral examination (with preparation time) for which the subject matter of examination is limited to the oral lectures. It covers the course’s slides (without the exceptions which are indicated) and the explanations given during the oral lecture. There is no new analysis of a court's ruling to be written and analyses of court rulings drafted in February-March as such are not part of the subject matter. The examination is done with “the books closed” i.e. without access to course slides, readings, WebCampus … . The student may only use the "Compendium of Regulation and Court Rulings". The student is asked to answer three questions. Firstly, there are two precise questions on a specific point of the subject matter, for which the student must demonstrate that he masters a particular point of the subject matter and is able to present it in a concise, yet comprehensive manner. This could be, for example, to give and explain a concept’s definition. Then there is a broader, more general question, which requires the student to develop a theme in depth and to consider all possible solutions.

The modalities of the assessment may be adapted, in particular if the Covid-19 health crisis makes it necessary.

Sources, references and any support material

- The slides used for the lectures are made available to students on the WebCampus site.

- The court rulings that are analysed by groups of students as well as the written papers and slides used for the presentations are made available to students on the WebCampus website.

- A "Compendium of Regulation and Court Rulings" is available to students on the WebCampus site.

- Lists of relevant regulation and of interesting websites are provided.

- A glossary of definitions of commonly used concepts is also provided.

- A self-assessment test of knowledge of electronic communications regulations is available.

- Recommended readings aiming at facilitating the understanding of the subject, but which are not as such included in the subject matter of examination, are made available on the WebCampus site. These include the following texts:

* Commission européenne, Communication, Connectivité pour un marché unique numérique compétitif – Vers une société européenne du gigabit, COM(2016) 587, 14.9.2016.

* A. Savin, EU Telecommunications Law, Cheltenham, Edward Elgar, 2018, 324 p.

* F. Humblet, Ph. Vernet, « Code des communications électroniques européen : la nécessaire refonte des règles régissant l’organisation structurelle du secteur des communications électroniques », R.D.C., 2019/7, p. 896-916.

* R. Queck, Chr. Hocepied, “EU Law governing the Information Society”, in L. Garzaniti, M. O‘Regan, A. de Streel, P. Valcke (eds), Electronic Communications, Audiovisual Services and the Internet – EU Competition Law & Regulation, 4th edition, London, Sweet & Maxwell, 2020, p. 3-23.

* A. De Streel, Chr. Hocepied, “The regulation of Electronic Communications Networks and Services”, in L. Garzaniti, M. O‘Regan, A. de Streel, P. Valcke (eds), Electronic Communications, Audiovisual Services and the Internet – EU Competition Law & Regulation, 4th edition, London, Sweet & Maxwell, 2020, p. 25-123.

* A. Manganelli, A. Nicita, The Governance of Telecoms Markets. Economics, Law and Institutions in Europe, Cham, Palgrave Macmillan, 2020, 183 p.

* Commission européenne, Communication, Une boussole numérique pour 2030 : l’Europe balise la décennie numérique, COM(2021) 118, 9.3.2021.

* A. De Streel, Chr. Hocepied, “The EU regulation of electronic communications networks and services”, in P. L. Parcu, E. Brogi (eds.), Research Handbook on EU Media Law and Policy, Cheltenham, Edward Elgar, 2021, p. 110-140.


 

 

Language of instruction

Français