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 (legal) terminology.
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 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.
Electronic communications (i.e. communications between human beings or between machines that use the transmission of signals by electromagnetic means such as copper wire, coaxial cable, radio waves or optical fibres) 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 providing audiovisual media services 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, including the Belgian repartition of competencies in the field of electronic communications. At European level, the key text is a recast and reform directive, the "European Electronic Communications Code" (Directive (EU) 2018/1972). This 2018 Code, which replaces four directives dating back to 2002 and which is applicable in the Member States since 21 December 2020, 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 presented, the topics that a regulation should address are identified and the structure of the European regulation (types of measures and content of the "2018 regulatory framework") is 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, its objectives and some of its principles, while also addressing some institutional aspects (regulatory authorities, network and service providers, users, etc.). 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 or guaranteeing access to an open Internet. Finally, basic notions of Belgian federal regulation are provided.
See section "content".
Part 1. General context of European electronic communications regulation.
I. The object of European electronic communications regulation
II. Issues that regulation should address
III. The structure 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. Guaranteeing access to an open internet ("net neutrality")
Part 4: Belgian regulatory framework for electronic communications
Part 5: Synthesis
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 (and national) level. A more elaborated table of contents can be found in the slides of the course.
There are no exercise sessions supplementary to the oral course. Practical cases are taken into consideration during the lectures, in particular based on the case law of the CJEU. At the beginning of the course, an "introductory test of knowledge in electronic communications regulation", based on practical questions, is provided to students for self-assessment purposes.
The examination may take two different forms. The students choose at the beginning of the academic year which form will be applied to all of them.
1. Either 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. The examination is done with “the books closed” i.e. without access to course slides, readings, … . 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.
2. Or, second possible form of examination, it is a written paper which consists of an analysis of a ruling of the CJEU or of a Belgian court, in relation to the electronic communications. This paper consists of contextualising, examining and commenting on the court decision in question (as well as the solution(s) it presents concerning a particular issue) in relation to the course and to the regulation of electronic communications. This paper is about 10 pages long (excluding the title page, the table of contents and the bibliography) and is written by groups of two students. The court decisions are allocated by drawing lots. Allocation will take place during one of the last classes. The paper is defended in front of the whole class at the occasion of a one-day seminar organised in principle during the month of April 2022.
If the Covid-19 health crisis makes it necessary, the examination will be conducted at a distance (remotely) and the modalities will be adapted accordingly.
- The slides used for the lectures are made available to students on the WebCampus site.
- A "Compendium of Regulation and Court Rulings" is available to students on the WebCampus site.
- The WebCampus site is complemented by supplementary regulatory texts and court decisions that are not part of the compendium.
- 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.
* 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.
* Commission européenne, Communication, Une boussole numérique pour 2030 : l’Europe balise la décennie numérique, COM(2021) 118, 9.3.2021.
* R. Debilio, R. Queck, D. Stevens, « La répartition des compétences en matière de communications électroniques après la Sixième Réforme de l'État : statu quo ou départ vers de nouveaux rivages? », R.D.I.R., 2014/4, p. 389-402.
* Institut belge des services postaux et des télécommunications (IBPT), Rapport annuel 2020, 31.5.2021.