Naslov
EU decentralized agencies in the network industries - in search for a responsibility mandate

Autori
Turudić, Marko

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, ostalo

Skup
International Society of Public Law (ICON·S) 2015 Conference

Mjesto i datum
Sjedinjene Američke Države, 01.07.2015. - 03.07.2015

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
EU; network industries; decentralised agencies; electronic communications; energy; rail

Sažetak
The establishment of a common market is one of the main tasks and objectives of the European Union. The EU has long recognized the importance of network industries for its members states but also the community as a whole, and it started relatively early (1980s) with the first attempts to establish a common market for all network industries. Initial failures led to the conclusion that it is necessary to establish EU regulatory agencies as the most powerful tools for standardization of practices of all member states. These agencies would administer and supervise the uniform implementation of sector-specific regulatory frameworks and facilitate the establishment of common markets in network industries. However, this solution was hampered by an objective problem-the Meroni doctrine. The Meroni doctrine prevents the establishment of central supranational regulatory agencies at the EU level, thus making it impossible to use regulatory agencies as a tool in establishing common markets. Therefore, the EU has turned to another solution: sector-specific decentralized agencies (such as BEREC for electronic communications or ACER for energy). They are advisory bodies, whose main tasks are assisting the Commission in sector-specific industry matters, assisting member states in implementing sector-specific regulatory frameworks and serving as forums for exchange of views and experiences for national regulatory agencies. One of the main issues when analyzing the formation and activity of these decentralized agencies is the question of responsibility. These bodies were established by Parliament and Council Regulations, they assist and answer to the Commission, they serve as advisory forums for national regulatory agencies, and the decisions made by or with the assistance of these bodies affect the citizens of all member states of the EU. So, how much are these decentralized agencies responsible to the Parliament, and how much to the Commission? Do they directly affect the rights and obligations of citizens, and can the citizens hold them responsible for the conditions of the sector markets in the member states and the EU as a whole? And do the current legal/regulatory frameworks foster responsibility of decentralized agencies in the network industries to the citizens?

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA