Abstract
In September 2013, the European Commission launched its “Telecommunications Single Market” Regulation. This was a heavily political proposal, which needlessly squeezed fully and partially unrelated issues such as roaming, spectrum, net neutrality and users’ rights into the same instrument. After ignoring three Parliament resolutions calling for net neutrality proposals in the previous 4 years, the Commission finally issued its (deeply flawed) proposal, with just 9 months to go before the May 2014 European Parliament elections.
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Notes
- 1.
Trialogues are informal, closed-door meetings between the three institutions, with a limited number of participants to work towards an agreement. The process is regulated by Parliament’s “rules of procedure”.
- 2.
On 17 November 2011, on 26 October 2012 and on 11 December 2012, cf. EDRi and Access (2015)
- 3.
That can be extracted from the different “compromises” proposed by the Latvian Presidency (the presidency which led the discussions during the trialogue negotiations) on behalf the Council, accessible at EDRi, Net Neutrality: document pool II, available at https://edri.org/net-neutrality-document-pool-2/.
- 4.
See, for instance, statements at the Ministerial meeting on 12 June 2015, cf. EDRi, Council confirms it wants to trade net neutrality for end of roaming charges, available at https://edri.org/council-confirms-it-wants-to-trade-net-neutrality-for-end-of-roaming-charges/.
- 5.
The text is accessible at www.consilium.europa.eu/en/press/press-releases/2015/07/pdf/st10409-re01_en15_pdf/.
- 6.
See European Parliament (2014).
- 7.
As opposed to application-specific. See Van Schwick (2010).
- 8.
Cf. Recital 47 and Article 23(5) of the Commission’s proposal and recitals 6 and 8 of the Council’s March text.
- 9.
- 10.
European Commission (2015).
- 11.
See, for instance, BEUC (2015).
References
BEUC. (2015, June 30). EU reaches unambitious deal on roaming charges and net neutrality. Available at http://www.beuc.eu/publications/beuc-pr-2015-012_telecom_single_market.pdf
EDRi and Access. (2015, June 1). Net Neutrality—building on success. Available at https://edri.org/net-neutrality-non-compromises/
EDRi. Council confirms it wants to trade net neutrality for end of roaming charges, available at https://edri.org/council-confirms-it-wants-to-trade-net-neutrality-for-end-of-roaming-charges/
European Commission. (2015, June 30). Roaming charges and open Internet: Questions and answers. Available at http://europa.eu/rapid/press-release_MEMO-15-5275_en.htm
European Parliament. (2014). Fundamental rights in the European Union: The role of the charter after the Lisbon Treaty. Available at http://www.europarl.europa.eu/RegData/etudes/IDAN/2015/554168/EPRS_IDA%282015%29554168_EN.pdf
Van Schwick, B. (2010). Network neutrality: What a non-discrimination rule should look like. Stanford Public Law Working Paper No. 1684677, 2010. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1684677
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McNamee, J., Pérez, M.F. (2016). Net Neutrality: An Analysis of the European Union’s Trialogue Compromise. In: Belli, L., De Filippi, P. (eds) Net Neutrality Compendium. Springer, Cham. https://doi.org/10.1007/978-3-319-26425-7_14
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