The Triangular Relationship between the Commission, NRAs and National Courts Revisited

Author

Pierre Larouche
Maartje DE VISSER, Singapore Management UniversityFollow

Publication Type

Journal Article

Publication Date

12-2006

Abstract

In this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive 2002/21. They conclude that the Commission proposals leave key questions and their implications outside of discussion and fail to address core issues such as the standard of assessment under Article 7, the accountability for decisions taken upstream of the NRA, and the scope and depth of judicial review.

Discipline

Constitutional Law

Publication

Communications and Strategies

Issue

64

First Page

125

Last Page

145

ISSN

1157-8637

Identifier

10.2139/ssrn.943431

Publisher

IDATE

Citation

Larouche, Pierre and DE VISSER, Maartje. The Triangular Relationship between the Commission, NRAs and National Courts Revisited. (2006). Communications and Strategies. 125-145.
Available at: https://ink.library.smu.edu.sg/sol_research/1353

Additional URL

http://ssrn.com/abstract=994842