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;
- to be able to identify, find and use the relevant regulatory texts;
- to be able to put regulations and case law into context ;
- to be able to apply the regulations to practical issues;
- to be able to speak in public in front of other students and defend a point of view clearly and convincingly ;
- 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 terminology (particularly legal terminology).
The aim of the teaching unit is to enable students to master the learning outcomes. Thus, the aim of the course is to provide a general introduction to the European regulation of electronic communications and to provide students with a guideline through a regulation that is the result of constantly changing technological, economic and legal realities. The course also aims to place these regulations in their Belgian but also international context. In this way, the course aims to prepare students for professional life. The presentation is not intended to be exhaustive, but to provide an introductory overview of the basic concepts, structures and rules, and to enable students to apply them.
• Electronic communications (i.e., communications between human beings or between machines based on the transmission of signals generated by electronic equipment using copper wires, coaxial cables, radio waves such as those used for mobile networks, optical fibres or other electromagnetic means) form the backbone of the information society. Electronic communications networks and services make it possible to send a message, talk to grandma, access the Internet and e-commerce platforms, view audiovisual media services such as streaming and send mail online.
The course introduces to the regulations governing electronic communications networks and services by organising markets and imposing obligations on providers. It also covers some elements of the regulation of terminal equipment such as computers connected to public networks and mobile phones. The course focuses on European regulation, but also refers to Belgian regulation, which implements European rules, in particular the Belgian repartition of competences in the field of electronic communications. At European level, the key text is the 'European Electronic Communications Code' (EECC) (Directive (EU) 2018/1972), which is at the heart of the course.
• An introductory session will be held at the beginning of February, at which the working details of the course, a working definition of electronic communications, the main measures of the applicable European regulatory framework and a number of useful websites will be presented. This session will also be used to assign the Court of Justice decisions to be analysed to the groups of students that will be formed on this occasion.
The course itself starts with a presentation of the general context of European electronic communications regulation. Thus, the technical, economic and social context of the regulation is discussed, and the issues it should address are identified. The general structure (international, European and Belgian) of the regulation is explained and the types of rules that make it up are presented. The teaching unit then deals more specifically with the general provisions of the European regulatory framework for electronic communications, presenting its scope (while including some notions of the regulation of net neutrality and consumer protection) and its objectives (as well as some regulatory levers for implementing them). It also deals with certain institutional aspects (regulatory authorities, network and service providers, consumer and other end users, etc.). After the general provisions, the course deals with the organisation of the markets for electronic communications networks and services. It begins with the rules on market entry that apply to potential suppliers. Measures aimed at ensuring effective and sustainable competition specifically on wholesale markets (i.e. relations between network and/or service providers), like measures governing access to resources owned by other undertakings (networks, masts, multiplexers, etc.) will then be presented. Measures aimed at guaranteeing the rights of end users, such as those aimed at ensuring consumer protection and the availability at an affordable price for all of a basic universal service of general economic interest (such as an internet access service that is capable of supporting E-mail or the purchase of goods online) will be worked on by students in self-study on the basis of the readings provided (without being the subject of the examination).
Introduction
Part 1. General context of European electronic communications regulation.
I. The technical, economic and social context of European electronic communications regulation
II. Issues that the regulations should address
III. The general structure of electronic communications regulation
IV. Types of rules making up the European regulatory framework 2018 +
Part 2. General provisions of the European regulatory framework for electronic communications
I. Scope of application
II. Objectives and regulatory levers for achieving them
III. “Actors” and institutional aspects
Part 3. Organisation of electronic communications markets
I. Market entry: general authorisation and assignment of radio frequencies
II. Measures for effective and sustainable competition on wholesale markets: access to resources of other enterprises
Part 4. Synthesis and outlook
This table, as well as the content of the course, may change in particular depending on the time available and on the development of regulations and implementation measures adopted at European level. A more detailed table of contents will be included in the course overhead transparencies.
• The lectures use practical case studies, based in particular on the case law of the CJEU. More specifically, certain parts of the subject will be introduced by one or more presentations of an analysis of a court ruling (in principle a judgment or order of the Court of Justice of the European Union) realized by groups of several students. The presentations will last a maximum of 15 minutes and will be supported by a "powerpoint" slide-show. These analyses will also be the subject of a written answer of 15 to 20 lines to a question on the court ruling analysed. The court decisions will be assigned by drawing lots at the occasion of an introductory session to be held in early February 2024. All the powerpoint presentations and answers to the questions will be submitted 3 days before the first class, which will take place at the beginning of March 2024. The analyses will present the context of the rules concerned and provide a first explanation of these rules. More specifically, they 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 electronic communications regulation.
• A "test of knowledge in electronic communications regulation", based on practical questions, is provided to students for self-assessment purposes.
• For the assessment period organised at the end of the second term (May-June), the assessment is made up of two elements. Firstly, the analysis of a court ruling (see section "exercices"), which as such counts in the final mark of the teaching unit for 5 points out of 20. This mark is based on two elements: the quality of the written answer to the specific question on the court ruling and the quality of the presentation of the analysis. There is one single mark for each group of students.
Then, in the May-June session, there is a written exam in the form of a multiple-choice questionnaire, which counts in the final mark of the teaching unit for 15 points out of 20. This exam consists of 15 multiple-choice questions and lasts a maximum of 60 minutes. Some of the questions also require you to indicate the legal basis of the answer. The subject matter of the examination will be limited to the oral lectures. There will be no specific questions on the analysis of court rulings as such. The subject matter covers the course overhead transparencies (without the exceptions that are indicated) and the explanations given during the oral lectures. The examination will be “closed-book”, i.e. without access to the course transparencies, readings, WebCampus,..... Students may, however, bring with them a "compendium of regulation and court rulings".
• The assessment organised at the end of the third term (August-September) is an oral examination (with preparation time), for which the subject matter of examination is limited to the oral course. It covers the course transparencies (without the exceptions that are indicated) and the explanations given during the oral lecture. No new analysis of a court ruling must be realized and the (presentations of) analyses of court decisions carried out in February-March by other students do not, as such, form part of the subject. Assessment is “closed-book.” However, students may bring with them a "compendium of regulation and court rulings". Students are asked to answer three questions. Firstly, there are two precise questions, on a specific point of the subject matter and worth 5 points each, for which the student must demonstrate that he masters a particular point of the subject matter and that he is able to present it in a concise, but nonetheless complete, manner. Such a question could, for example, ask to give and explain the definition of a concept. One of these questions will relate to the court ruling analysed by the student in the second term. Then there is a broader, more general and cross-curricular question, worth 10 marks, which asks the student to develop a theme in depth and to consider all possible solutions.
• In addition to recommended readings, a number of resources are provided to students:
- The transparencies used for the courses are made available to students on the course's WebCampus site.
- The court rulings analysed by student groups, as well as the written answers to a question and the power-point used for the presentations, are made available to students on the WebCampus site.
- A "compendium of regulation and court rulings" is available to students on the WebCampus site.
- Lists of relevant regulations and interesting websites are provided.
- A glossary containing definitions of commonly used concepts is provided.
- A self-assessment test on your knowledge of electronic communications regulations is available.
• Recommended readings designed to facilitate understanding of the subject, but which are not in themselves part of 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 et 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 and Chr. Hocepied, “EU Law governing the Information Society”, in L. Garzaniti, M. O‘Regan, A. de Streel and 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 and Chr. Hocepied, “The regulation of Electronic Communications Networks and Services”, in L. Garzaniti, M. O‘Regan, A. de Streel and P. Valcke (eds), Electronic Communications, Audiovisual Services and the Internet – EU Competition Law & Regulation, 4th edition, London, Sweet & Maxwell, 2020, p. 25-123, esp. “Universal service and other services of general economic interest”.
- A. Manganelli and 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 and Chr. Hocepied, “The EU regulation of electronic communications networks and services”, in P. L. Parcu and E. Brogi (eds.), Research Handbook on EU Media Law and Policy, Cheltenham, Edward Elgar, 2021, p. 110-140.
- H. Jacquemin et R. Queck, « La protection des consommateurs de services de communications électroniques en Belgique », D.C.C.R., n° 137, 2022, p. 21-68.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Master de spécialisation en droit des technologies de l'information et de la communication | Standard | 0 | 2 | |
| Master de spécialisation en droit des technologies de l'information et de la communication | Standard | 1 | 2 |