This book assesses the role of EU agencies and networks of regulators from a legal perspective, thus linking the role of law to the debates on network governance. Two case studies form the core of the research: EU energy and electronic communications regulation.
The institutional design of EU energy and electronic communications regulation has evolved in the last two decades. Mechanisms to encourage cooperation between national regulatory authorities have progressively been established: first, loose networks of regulators, then enhanced networks of regulators and eventually stronger and more formal forms of coordination, through European agencies or other new institutional models. In the energy field, a true ‘networked’ European agency has been created: the Agency for the Cooperation of Energy Regulators (ACER). In telecoms, a two-tier institutional structure has been set up: the Body of European Regulators for Electronic Communications (BEREC) and the Office. The features of ACER and BEREC clearly show the intention to institutionalise the existing networks of regulators and confer a higher status upon them, with a strengthened and recognised position in the EU. However, the transformation of regulatory networks into European agencies and other hybrid institutional network models raises concerns of legitimacy and accountability.
INTRODUCTION (p. 1)
CHAPTER 1: REGULATORY NETWORK STRUCTURES IN EU LAW: A CONCEPTUAL ANALYSIS (p. 13)
CHAPTER 2: INTRODUCING EUROPEAN NETWORKS OF REGULATORS’ AND NETWORK AGENCIES’ CONTROVERSIAL LEGAL ISSUES (p. 49)
CHAPTER 3: NETWORKS OF REGULATORS IN THE EU ENERGY FIELD (p. 93)
CHAPTER 4: NETWORKS OF REGULATORS IN THE EU TELECOM FIELD (p. 159)
CHAPTER 5: THE INSTITUTIONAL MODELS FOR THE REGULATION OF EU NETWORK INDUSTRIES COMPARED (p. 225)
CONCLUSION (p. 259)
SAMENVATTING (p. 265)
TABLE OF CASES (p. 271)
BIBLIOGRAPHY (p. 275)
CURRICULUM VITAE (p. 303)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
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Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.