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 relevant regulatory texts and other useful resources (European Commission communications and guidelines from the Body of European Regulators for Electronic Communications (BEREC), court rulings, legal doctrine, websites, etc.);
- to be able to put electronic communications regulation within the broader context of European regulation of the digital world and online services;
- to be able to apply the European regulations and related case-law to practical issues;
- to be able to prepare a common position in groups of students as well as 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 specific 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 an 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 this regulation, which focuses on signal transmission, in the broader context of European regulation of the digital society and, more specifically, of content transmitted online, in order to give students a general overview of the “regulatory landscape of the digital society”. In this way, the course aims to enable students to pursue a career in the regulation and oversight of the digital world, even if that career does not specifically focus on electronic communications and their regulation. 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 understand and apply them.
Electronic communications are the backbone of the information society and of the digital world. Electronic communication refers to communication in a "technical sense ," i.e. an interaction between human beings and/or machines, consisting of the transmission of any information in the form of signals generated by electronic or electromagnetic equipment using networks composed of copper wires, coaxial cables and/or optical fibres (increasingly) or radio waves, as in mobile communications networks. It is through electronic communications networks and services that it becomes possible to send online messages and interact via chat or e-mail, talk to one's grandmother, access the Internet and e-commerce platforms, or broadcast videos and view streaming audiovisual media services. It is not enough to produce excellent legal digital services and stimulating, non-harmful content; these services and content must also be transmitted from those who offer them to end users and arrive at their destination as fast as possible.
By presenting the main objects, elements and measures, objectives and rules of European electronic communications regulation, the course provides an introduction to the regulation that governs electronic communications networks and services by organising the markets and imposing obligations on providers. It aims to show that (and how) this regulation does not only target transmission and electronic communication in the technical sense, but is part of the broader context of regulating the digital world and, more specifically, online content. Indeed, according to the European Electronic Communications Code, ‘the separation between the regulation of electronic communications and the regulation of content does not affect the taking into account of the links exist between them’ (recital 7).
The course focuses on European regulation, but also refers to Belgian regulation which implements European rules. At European level, the key text is the ‘European Electronic Communications Code’ (Directive (EU) 2018/1972), which is at the heart of the course (see also section on "table of contents").
The content, table of contents, exercises, teaching methods, the assessment method, as well as the sources, references and course materials may be adapted, in particular due to developments until 31 January 2026 in the ongoing reform of the European regulatory framework for electronic communications (and in particular Directive (EU) 2018/1972 establishing the European Electronic Communications Code).
Introduction.
- Working definition of "electronic communications".
- Global regulatory landscape of the digital world: regulatory layers (electronic communications/transmission vs. content) – elements and measures, approaches adopted by the different regulatory layers, links between layers.
- Key concepts in European electronic communications regulation.
- Table of contents of the course - summay.
Part 1. Context and basic concepts of European electronic communications regulation.
I. The object of European electronic communications regulation.
Electronic communications and its components: services (including types of services), networks and associated facilities, physical infrastructures and civil engineering.
II. The approach adopted by electronic communications regulation (transmission v. content):
Principle (regulation limited to the "electronic communications regulatory layer") and nuances to a strict division between layers: consideration of links between electronic communications regulation and content regulation (regulation of open internet access, general authorisation system taking into account illegal and harmful content).
III. Issues that regulation should address and questions it should resolve, as well as a summary of the responses provided by European electronic communications regulation.
IV. Structure and elements of European and Belgian electronic communications regulations (including diagrams and lists of measures that form the 2018 European regulatory framework for electronic communications).
Part 2. The objectives of the European regulatory framework for electronic communications and their implementation.
I. Overview of the objectives.
- The objectives.
- The main driving force behind their implementation: national regulatory authorities (NRAs).
II. Competition.
- Goal(s).
- The main players: undertakings with significant market power in a relevant market (asymmetric regulation).
- From "access based competition" to "facility based competition".
III. The internal market
- Purpose and advantages.
- Harmonisation mechanisms: the role of the Body of European Regulators for Electronic Communications (BEREC)
IV. The interests of the citizens of the European Union.
- Purpose(s).
- End users and consumers.
- Implementation of the objective (examples).
V. Deployment of very high capacity networks.
- Context: the 'Digital Decade 2030'.
- Content of the objective.
- How to promote investment in very high capacity (access) networks?
Part 3: Outlook and perspectives.
Perspective 1: very high capacity connectivity, competition and investments.
Perspective 2: Internal market and harmonisation (e.g. in the field of radio frequencies).
Perspective 3: interests of citizens of the European Union.
In addition to the lecture, students will work in groups to produce a ten-page written analysis of a decision by the Court of Justice of the European Union. The various court decisions will be assigned to the groups by drawing lots during (or after) the first class, which will take place at the beginning of February 2026. The aim of the analysis is to enable students to tackle, on their own and using the documentation provided, a specific aspect of European electronic communications regulation that is normally not covered (in all its aspects) in the course. The assignment consists of contextualising, examining and commenting on the court decision in question (as well as the solution(s) it presents concerning the specific issue it addresses) in relation to electronic communications regulations. Generative artificial intelligence tools may be used to write the assignment. It is submitted, presented and defended before a panel of three people, including the course lecturer, during the exam at the end of the second term (‘first session’) which will take place outside the usual exam period, at the end of March 2026 (see also the ‘assessment method’ section).
Face-to-face lectures during the day. The lectures are based mainly on the articles and recitals of the relevant regulatory texts. Lectures are supplemented by self-study, which students carry out in groups by analysing a court decision that will enable them to address specific issues that are not covered or not covered in depth in the oral course (see the “Exercises” section).
Extensive documentation, including overheads used in the course, a “compendium of regulations and court decisions” and readings, is provided (see section on “sources, references and any support material”).
Teaching and assessment are in French. However, a limited number of references are in English.
• The assessment organised for the second term after the end of the course (end of March) is carried out in person and consists of two parts.
The first part consists of a written examination in the form of a multiple-choice questionnaire (provided in paper format) and will last 60 minutes (without preparation time). This multiple-choice questionnaire comprises five questions and accounts for 5 out of 20 points in the final course mark. Among the questions, there may be one in which students are asked to indicate the legal basis for their answer. An "open" question is also possible. In the case of such a question, students will be asked, for example, to indicate (and explain in a few words) the two types of competition that may exist in the electronic communications networks and services sector. The subject matter covered by the questionnaire is limited to the oral course. It covers the course slides (with the exceptions indicated) and the explanations given during the oral course. The assessment is closed book, i.e. without access to course slides, readings, WebCampus, etc. However, in accordance with the terms and conditions indicated during the course, students may bring the ‘compendium of regulations and court decisions’ (in electronic PDF and/or paper format).
The second part of the assessment consists of the presentation and defence – group by group (and without the other student groups present) – of the analysis of the decision of the Court of Justice of the European Union that was assigned to the group at the beginning of the course. The written work is submitted and handed in to the examiners at the beginning of the assessment. The oral presentation takes place in front of a panel of three people, including the course lecturer, and lasts around 20 minutes, followed by 15 minutes of questions and answers. Groups are encouraged to support their presentation with a slideshow. The written work, presentation and answers to questions contribute 15 out of 20 points to the final course mark. In addition to the quality of the written work and the presentation, the final mark also takes into account how students participate in the presentation and respond to examiners' questions about the written work and the court decision itself. The members of the panel of examiners also reserve the right to ask questions about the oral presentation in relation to the court decision analysed. Students may bring the court decision that was analysed to the presentation. In accordance with the terms and conditions indicated in the course, students may also bring the ‘compendium of regulations and court decisions’ (in electronic PDF and/or paper format).
• For the assessment period organised at the end of the third term (August-September), a written examination is organised for which the subject matter covered is limited to the oral course. It covers the course slides (with the exceptions indicated) and the explanations given during the oral course. Students are not required to write a new analysis of a court decision, and the analyses of court decisions carried out in February-March by other students are not part of the subject matter. The assessment is closed book, i.e. without access to course slides, readings, WebCampus, etc. However, in accordance with the conditions indicated during the course, students may bring the ‘compendium of regulations and court decisions’ (in electronic PDF and/or paper format). Students are asked to complete a multiple-choice questionnaire consisting of 20 questions, which counts for 20 out of 20 points in the course mark. This questionnaire is available in paper format. The assessment will last 120 minutes (without preparation time). Among the questions, there will be one or more questions for which students will be asked to indicate the legal basis for their answer. One or more "open" questions may also be included. In the context of such a question, students will be asked, for example, to indicate (and explain in a few words) the two types of competition that may exist in the electronic communications networks and services sector.
•The transparencies used for the courses are made available to students on the course's WebCampus site in PDF and Word format.
• A more comprehensive table of contents than the one provided in the “table of contents” section is regularly updated and made available to students.
• The court rulings analysed by student groups are made available to students on the WebCampus site in PDF format.
• A "compendium of regulation and court rulings" is available to students in PDF format on the course's WebCampus website. This compendium comprises three parts. The first part contains working definitions and (excerpts from) relevant European regulatory texts. The second part consists of Belgian regulations and the third part consists of decisions of the Court of Justice of the European Union.
• Lists of relevant regulations are provided.
• Links to websites that enable students to search for (information on) European and Belgian regulations governing electronic communications and, more generally, the digital world are also provided.
• 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 readings either explain the different phases of development of the European regulatory framework for electronic communications by addressing the regulatory issues in general, or address specific issues. They also serve as documentation for the analysis of a court decision. These texts include, for example:
- A. de Streel et R. Queck, « Services d'intérêt économique général et communications électroniques », in J.-V. Louis et St. Rogriguez (dir.), Les services d’intérêt économique général et l’Union européenne, Bruxelles, Bruylant, 2006, p. 339-351.
- A. de Streel, R. Queck et Ph. Vernet, « Le nouveau cadre réglementaire européen des réseaux et services de communications électroniques », Cah. dr. europ., 2002, n°s 3-4, p. 243-314.
- A. de Streel et R. Queck, "Un nouveau cadre réglementaire pour les communications électroniques en Europe", J.T.D.E., 2003, n° 101, p. 193-202.
- R. Queck, A. de Streel, L. Hou, J. Jost and E. Kosta, “The EU Regulatory Framework Applicable to Electronic Communications”, in L. Garzaniti and M. O’Regan (eds.), Garzaniti - Telecommunications, Broadcasting and the Internet - EU Competition Law and Regulation, 3rd edition, London, Sweet & Maxwell, 2010, p. 3-262.
- 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.
- R. Feasy, New European Electronic Communications Code – Interpretation & Implementation, CERRE Issue Paper, January 2019, 11 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.
- BEREC, BEREC Guidelines on the Implementation of the Open Internet Regulation, BoR(22) 81, 9.6.2022 (revised version).
- 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.
- BEREC, BEREC Guidelines on Very High Capacity Networks, BoR (23) 164, 5.10.2023 (revised version).
- R. Queck et Chr. Hocepied, « Les communications électroniques », in H. Jacquemin et A. Michel (coord.), Chronique de législation en droit européen du numérique 2020-2023 (partie 1), R.D.T.I., n° 96-97, 2025 R.D.T.I., n° 92-93, avril 2024, p. 228-266.
- Commission européenne, Livre blanc, Comment maîtriser les besoins de l’Europe en matière d’infrastructures numériques ? COM(2024) 81, 21.2.2024.
- M. Conradi, Chr. Keogh, and E. Bingham, « Electronic Communication Law and Policy of the European Union”, in M. Conradi, Chr. Keogh, and E. Bingham (eds), Telecommunication Laws in Europe, 7th edition, London, Bloomsbury Professional, 2024, p. 3-79.
- R. Queck et Chr. Hocepied, « Les communications électroniques », in H. Jacquemin et A. Michel (coord.), Chronique de législation en droit européen du numérique 2023-2025 (partie 2), R.D.T.I., n° 96-97, juillet 2025, p. 298-343.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Advanced Master in Information Technology and Communication Law | Standard | 0 | 2 | |
| Advanced Master in Information Technology and Communication Law | Standard | 1 | 2 |