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Identical coursesEuropean Electronic Communications Law (B-KUL-HNI34A)
Cannot be taken as part of an examination contract
Valcke Peggy (coordinator) | Valcke Peggy Aims
Learning goals
Students have good insight in the EU and national legal and regulatory frameworks with regard to electronic communications networks and services. They understand the role that is played by the different actors (government, legislators, regulators, courts, trade associations…) in this sector. They understand the technological and economic developments in this sector and how these affect the existing legal and regulatory approaches adopted so far to ensure public interest goals and fair competition in the delivery of communication networks and services in our society. They can critically evaluate new business practices in the light of existing rules and identify anomalies or gaps in the existing legal framework. (Competence level 3)
This course contributes to the following learning outcomes:
- The student masters the structure and methodology of the international and European and / or Belgian intellectual property rights, media and / or ICT law that he / she has followed.
- The student can deal with complex problems in the domain of the intellectual property rights, media and / or ICT law that he / she has followed.
- The student can independently test research findings and situate them in a personally substantiated structure that makes an original contribution to knowledge.
- The student can adopt a critical position in relation to the domain of the intellectual property law rights, media law and / or IT law that he / she has followed.
- The student can communicate his point of view to colleagues in Dutch, French and / or English.
Previous knowledge
The general admission requirements and compulsory order of enrolment are described in the education and examination regulations.
Is included in these courses of study
Activities
3 ects. European Electronic Communications Law (B-KUL-HNI34a)
Content
This course offers an overview of the major topics in EU telecommunications regulation. It starts with an abridged history of this regulation and its objectives through the various liberalisation and harmonisation directives adopted between 1998 and 2019.
A major part of the course is dedicated to a detailed analysis of the current regulatory framework, with a focus on the European Electronic Communications Code (EECC) and its predecessors (the Framework, Access, Authorisation and Universal Service Directives), but also paying attention to the Open Internet and Roaming Regulation, as well the related soft law documents. Key issues that will be discussed include: SMP regime (general principles; three criteria test; market definition; finding of dominance - SMP designation; remedies), interconnection and access regulation, consumer rights, licensing (incl. spectrum auctions) and access to the market, universal service, net neutrality.
The role, organisation and tasks of the national regulatory authorities, and the Body of European Regulators for Electronic Communications (BEREC), are analysed in light of the BEREC Regulation, EECC, case law of the Court of Justice of the European Union, and national case studies.
The course also studies the relation between sector regulation and general competition law, and discusses landmark cases on abuse of dominance.
Course material
- Valcke, P., Electronic Communications Law: Part A: Legislation & Soft Law, KU Leuven, 2015
- Valcke, P., Electronic Communications Law: Part B: Case Law, KU Leuven, 2015
- Valcke, P., Electronic Communications Law: Part C: Extract from Handbook, KU Leuven, 2015
Digital course material (legal texts, policy documents, powerpoint presentations, compulsory reading material, case law) as well as additional study material (background literature) will be published on Toledo.
Language of instruction: more information
This course is given in English.
Format: more information
The course modules will each last three hours, and will be a combination of classic lectures, tutorials, class discussions (on the basis of a reading list) and guest lectures by experts from the European Commission, national regulators and visiting professors.
For some modules (the interactive sessions), students will be asked to read the preparatory material provided by the lecturer and actively participate in the class discussion. Relevant course materials will be provided for each module
Evaluation
Evaluation: European Electronic Communications Law (B-KUL-H90014)
Explanation
The written exam consists of one essay question and 2 or 3 short answer questions that will test the student's understanding of theoretical concepts and his/her ability to implement these in a practical case. The exam is organised as closed book exam as far as the syllabus is concerned, but open book with regard to legal texts and selected policy documents. The score obtained for the permanent evaluation assignments is automatically transferred to the next exam term (there is no possibility of a re-sit for the permanent evaluation part).
Information about retaking exams
The written exam consists of one essay question and 2 or 3 short answer questions that will test the student's understanding of theoretical concepts and his/her ability to implement these in a practical case. The exam is organised as closed book exam as far as the syllabus is concerned, but open book with regard to legal texts and selected policy documents. The score obtained for the permanent evaluation assignments is automatically transferred to the next exam term (there is no possibility of a re-sit for the permanent evaluation part).