Legal Research

EU Telecoms package set to pass as EP and Council compromise on internet freedom

By scott

Well it happened quicker than I thought, but the European Parliament (EP) and the Council of Ministers reached an agreement on EU Telecoms Reform, by the end of the first day of the conciliation procedure.

The two sides reached a quite comprise over the clause to guarantee access to the internet.

The newly agreed Article 1(3)a of the new Framework Directive, now reads:

?Measures taken by Member States regarding end-users? access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.

Any of these measures regarding end-users? access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law, including effective judicial review and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms . The right to an effective and timely judicial review shall be guaranteed.?

This text is watered down from the EP original amendment that the “prior ruling” must be by “judicial authorities”, although thankfully the ?presumption of innocence? that the Council also wanted dropped remains in place.

Following final votes in Parliament and Council in November, the whole telecoms package, which includes the creation of a new European Telecom Authority (BEREC), increased power for the Commission to oversee regulatory remedies proposed by national regulators, powers for national regulators to impose a ?functional separation? remedy, and a consumer right to port telephone numbers within 1 day, could come into force in early 2010. EU countries will then have 18 months to incorporate the new provisions into their national legislation.

Full post as published by Information Overload on November 05, 2009 (boomark / email).