Telecom package: compromise solution for the Internet
November 8, 2009 The subject matter of the so-called telecom package is simple and its treatment is also very complex. The crucial point concerns the limitation of access to the Internet. I will not quibble here about the nature of the right to access to the Internet that some Members have deemed's a basic right.
From the preamble to the press release reads:
Access to an Internet user will be limited. But only if it is deemed necessary and proportionate and after he finished a just and fair procedure that takes into account the right to be heard dell'internauta. E 'on this basis that members and Council representatives reached a compromise on the last knot of the discord on the "telecoms package"
In fact, at the instance of Parliament aimed at limiting access to the Internet to submit to the court, it was eventually reached a compromise solution based on the objective difficulty of harmonizing individual national laws on telecommunications ( This went beyond the remit of the Commission).
The compromise solution is to avoid the harmonization of national laws. As a result, on the principle of presumption of innocence and respect for privacy and the European Convention for the Protection of Human Rights and Fundamental Freedoms, however, is introduced the principle of preventive and impartial court process about limiting access to the Internet.
Furthermore, there is provided the creation of a body known as BEREC that will have the task of
improve the functioning of the internal networks and electronic communications services. This body would have a board made up of the 27 national regulators, plus a representative of the Commission as an observer without voting rights. BEREC will issue opinions and recommendations to the Commission and, upon request, provide assistance to the Parliament and the Council for the application of the regulatory framework for electronic communications.
Within the telecom package includes a directive with the aim of providing protection for consumers on telecommunications.
The next meeting is scheduled for November 23 to 26 at which the legislation will be voted on. Amendments will not be possible but only approval or rejection
At first it seems not a bad solution, of course, how would BEREC will be evaluated, with regard to limit Internet access will be interesting to see what reflections - also interpretive - will the Directive in the Member States and will be applied as practical.
Source: Europe
