The European Commission has sent a second formal request for information to Romania on the independence of its telecoms regulator ANCOM.
The Commission is concerned that the Romanian government’s possibility to use emergency legislation to restructure…
The European Commission has sent a second formal request for information to Romania on the independence of its telecoms regulator ANCOM.
The Commission is concerned that the Romanian government’s possibility to use emergency legislation to restructure the regulator may conflict the independence of the body.
In addition there is no stable legislative framework that guarantees the independence.
The Commission sent a first letter of formal notice on 29 January 2009 after a governmental emergency decree of September 2008 restructured the regulator and dismissed its president despite a court order suspending the removal decision.
ANCOM has been restructured by the government four times by way of emergency legislation in the past five years, while a government department exercises ownership and control activities in companies providing telecoms networks and/or services.
In April 2009, the Romanian authorities informed the Commission of a new emergency act reorganising the telecoms regulator as the National Regulatory and Administration Authority for Communications (ANCOM), while the act has not yet been approved by the national parliament. This action triggered the second letter of formal notice.
If Romania fails to reply within the next two months, the Commission may send a formal request to amend the country’s legislation.
A separate infringement procedure against Romania over the independence of its telecoms regulator, concerning separation of public bodies supervising telecoms operators and those providing telecoms services, is still pending.
