Future-proof regulation against the test of time: the evolution of European telecommunications regulation

Ibáñez Colomo, Pablo ORCID: 0000-0001-7019-0645 (2022) Future-proof regulation against the test of time: the evolution of European telecommunications regulation. Oxford Journal of Legal Studies, 42 (4). 1170 – 1194. ISSN 0143-6503

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Abstract

Regulation is sometimes designed to be future-proof, so that it can adapt to changing economic and technological realities. The EU (and UK) Regulatory Framework for electronic communications was expressly crafted to be able to adjust to the evolution of the industry. This article considers how well the regime has stood the test of time and, based on this analysis, what lessons can be drawn for regulation more generally. It appears that, by and large, the Framework has effectively accompanied the transformation of telecommunications in Europe. On the other hand, the EU legislature’s commitment to future-proof intervention has waned over time. Every new review of the regime has represented a move away from the philosophy and mechanisms conceived to ensure that regulation would adapt seamlessly to industry shifts. This experience suggests that the failure or success of future-proof intervention primarily hinges on the intertemporal consistency of legislatures.

Item Type:	Article
Official URL:	https://academic.oup.com/ojls
Additional Information:	© 2022 The Author.
Divisions:	Law
Subjects:	H Social Sciences > HB Economic Theory K Law
JEL classification:	L - Industrial Organization > L5 - Regulation and Industrial Policy > L50 - General K - Law and Economics > K2 - Regulation and Business Law > K20 - General
Date Deposited:	21 Sep 2022 16:27
Last Modified:	15 Nov 2024 01:06
URI:	http://eprints.lse.ac.uk/id/eprint/116650

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