07 November 2008

EU - Commission amended proposal on Telecoms Reform package

The European Commission is publishing new legislative texts on the EU Telecoms Reform package to take account of the European Parliament vote of 24 September 2008 and the ongoing discussions in the Council. The new texts presented by the Commission will be discussed in the Council of Telecoms Ministers on 27 November. At the heart of the compromise texts is a new, small and independent office for Europe's telecoms regulators that should help the Commission to bring about more consistency to regulatory measures on Europe's telecoms markets. The new regulatory framework is expected to become law in all 27 EU Member States by 2010. see also Commission position on Amendment 138 adopted by the European Parliament. Amendment 138 requires telecoms regulators to apply the principle: "that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent." The European Commission respects this democratic decision of the European Parliament. This amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens' fundamental rights. The language of the amendment is deliberately drafted in order to leave Member States scope for reaching a fair balance between several fundamental rights, in particular the right to respect for private life, the right to protection of property, the right to an effective remedy and the right to freedom of expression and information.