One often thinks of competition as a mechanism whereby undertakings are forced to answer more efficiently the needs of clients. One may wonder whether that system could be used to…
Abstract
One often thinks of competition as a mechanism whereby undertakings are forced to answer more efficiently the needs of clients. One may wonder whether that system could be used to organize the institutional environment. Competition already exists among states or regions, where it affects their capacity to attract investment or skilled workers. Could we go further and organise institutional competition among authorities within the same territory? Electronic communications provide a good case study, with the same competencies being attributed to regulators, competition authorities and judicial power.
Details
Keywords
Considers the future of telecommunications’ national regulatory authorities (NRAs), by way of analysing the European telecommunications regulatory framework. Examines the…
Abstract
Considers the future of telecommunications’ national regulatory authorities (NRAs), by way of analysing the European telecommunications regulatory framework. Examines the organization and functioning of NRAs, maintaining efficient performance of the required various tasks. Concludes an NRA is entrusted with “rule application” rather than with “rule making” tasks.
Details
Keywords
The paper aims to examine the reporting of corporate social responsibility (CSR) in the telecommunications sector and to consider how the obligations and regulations imposed on…
Abstract
Purpose
The paper aims to examine the reporting of corporate social responsibility (CSR) in the telecommunications sector and to consider how the obligations and regulations imposed on operators affect what is considered as CSR compared to other sectors.
Design/methodology/approach
The paper provides a review of the academic literature on CSR, relating this to developments in the regulatory state and the adoption by governments and intergovernmental bodies of CSR instruments. Also, the paper conducts an analysis of coltan, greenhouse gas emissions and privacy as short case studies where CSR issues and regulations meet.
Findings
Many activities that in other sectors would be considered CSR are required by licence or legislation, together with much more detailed scrutiny and reporting.
Originality/value
The paper provides a review of existing literature on CSR in telecommunications, related to theories about CSR and the regulatory state.
Details
Keywords
Daniel Berhin, Frédéric Godart, Maya Jollès and Paul Nihoul
This paper aims to question the disappearance of sector‐specific regulation in European electronic communications markets.
Abstract
Purpose
This paper aims to question the disappearance of sector‐specific regulation in European electronic communications markets.
Design/methodology/approach
To show that sector‐specific regulation will remain, five arguments are developed based on different disciplines: law, economics, political science and sociology.
Findings
It is found that sector‐specific regulation has already been in place for 15 years and there is no concrete indication that it will end soon. Competition law has intrinsic limitations, which, arguably, do not make it possible for authorities to resort only to that body of the law to ensure a smooth functioning of the electronic communications markets. The balance of power in the EU leads to sector‐specific regulation being maintained in the years ahead as the ideal way for European institutions to intervene in electronic communications markets. The electronic communications market requires regulation going beyond competition law in order to ensure the realization of non‐economic purposes. The implementation of sector‐specific regulation might contribute to concentrating the electronic communications markets.
Practical implications
Contrary to the claims of the European institutions that sector‐specific regulation in the electronic communication markets will lose its relevance, this paper argues that it is likely to remain for the foreseeable future.
Originality/value
The paper shows that deregulating a sector is not an easy task and that ex ante regulation is a key legal instrument for the proper functioning of a market.
Details
Keywords
Growing international pressure in the form of agreements, directives and recommendations has prompted new legislation for the prevention of money laundering in Belgium. This paper…
Abstract
Growing international pressure in the form of agreements, directives and recommendations has prompted new legislation for the prevention of money laundering in Belgium. This paper considers the various international initiatives and looks at how Belgium has responded. In particular, it discusses the act of 17th July, 1990, and the role of the banking sector.
Ewan Sutherland, Philippe Defraigne and Veronica Bocarova
The purpose of this paper is to illustrate how eventual membership of the European Union is influencing reforms in South East Europe, through legislation and institutions being…
Abstract
Purpose
The purpose of this paper is to illustrate how eventual membership of the European Union is influencing reforms in South East Europe, through legislation and institutions being brought into line with EU practice.
Design/methodology/approach
The article reflects the results of monitoring exercises conducted in the Balkans with data gathered from national regulatory authorities and ministries. The approach is comparative between the countries and with the existing EU member states.
Findings
Considerable progress has been made in the opening of markets, with the issuing of new licences and the introduction of regulatory measures to support new entrants. However, many obstacles remain to be overcome.
Research limitations/implications
Determining the practical application of the legal provisions is not straightforward; there may be delays or questions of interpretation. Further work is required to determine how the changes are carried forward.
Practical implications
Further work will continue both by the authorities in South East Europe and in monitoring increased competition in mobile markets and the introduction of broadband, primarily using wireless technology.
Originality/value
Work on this region of Europe has been very limited, in part due to difficulties in gathering data.