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#Tech, Media, Telecom

An integrated regulatory framework for digital networks and services

  • January 27, 2016
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Document(s)
REPORT | An integrated regulatory framework for digital networks and services
APPENDIX | Living up to lofty ambitions
APPENDIX | Imagine 2025

Europe needs to abandon its separate legislative silos for the internet, audiovisual media and electronic communications. The EU should replace them with one regulatory framework for all digital infrastructures and another one for all digital services. This will ensure a level-playing field in the digital value chain. This is one of the recommendations of this study on the reform of EU laws in the digital sector.

The European Commission’s ongoing review of the rules affecting the digital value chain is currently generating furious debate amongst industry groups, lobbyists, regulators and policy-makers. Amidst this clamour, CERRE has produced a set of original and substantive recommendations. They are the result of a unique collaborative project involving major industry players, regulators, policy experts and academics, including the report’s authors, Professor Pierre Larouche (Tilburg) and Professor Alexandre de Streel (Namur), both Joint Academic Directors of CERRE.

Other key recommendations include:

  • Streamlining and focusing digital networks regulation to stimulate deployment and private investment;
  • Enhancing spectrum policy coordination to ensure, among other goals, that Europe leads in 5G rollout and mobile broadband;
  • Creating an appropriate framework for digital services by emphasising home-country control, limiting specific regulation by relying on general EU rules – e.g. internal market law, competition law, privacy and data protection law, copyright rules and security rules – and committing the necessary resources to enforcement;
  • Refraining from adopting specific additional rules for online platforms at this stage;
  • Overcoming national regulatory barriers through a more effective and efficient institutional design for the whole EU digital ecosystem.

These recommendations are sure to draw the attention of EU decision-makers, national regulators and industry players, as they seek to map out a new framework for the digital economy that balances the many competing interests at stake.

CERRE Director General, Bruno Liebhaberg:

“The future regulatory framework for digital services must be ambitious and consistent. It should also be flexible enough to accommodate future, often still unclear transformations in technologies and markets and, as such, remain sustainable in the next decade. Finally, it must be conducive to the regulatory clarity, transparency and stability which constitute basic prerequisites to the crucially needed investment in the digital sector. Political will, strategic visions as well as assertiveness – in overcoming either structural and institutional rigidity and bottlenecks or just mere difficulties to adapt to a changing environment – will therefore be required on behalf of all policy, regulatory and industry stakeholders involved. This CERRE report is a contribution to achieving those ambitions in Europe.”

Author(s)
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Alexandre De Streel (2)
Alexandre de Streel
Academic Director
and University of Namur

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Pierre Larouche
Pierre Larouche
Research Fellow
and University of Montréal

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

Wolter Lemstra
Wolter Lemstra
Research Fellow
and Nyenrode Business Universiteit

Wolter Lemstra is a CERRE Research Fellow and Associate Professor at Nyenrode Business University. He was Senior Research Fellow at the Delft University of Technology.

His research interests are the development of the telecoms sector concerning firm strategy and government policy, and the role of governance regimes and the institutional environment.

He has previously held senior management positions in the field of engineering and product management, sales and marketing, strategy and business development.

Wolter holds a PhD from the Delft University of Technology.

Wolter Lemstra is a CERRE Research Fellow and Associate Professor at Nyenrode Business University. He was Senior Research Fellow at the Delft University of Technology.

His research interests are the development of the telecoms sector concerning firm strategy and government policy, and the role of governance regimes and the institutional environment.

He has previously held senior management positions in the field of engineering and product management, sales and marketing, strategy and business development.

Wolter holds a PhD from the Delft University of Technology.

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