Romanian Telecoms Regulator Shuffles Being Illegal by EU

The European Commission is reported to have opened an infringement proceeding against Romania as a result of the confusion created with the telecoms regulator. Last year, the Romanian government decided to remove the President of the national telecoms regulator, going on with restructuring and renaming this authority, although the first decision was suspended by a court ruling. According to the European Commission, the government's move is a violation of the regulator's independence.

EU Telecoms Commissioner Viviane Reding contacted the Romanian Minister for Communications and Information Technology, Mr. Gabriel Sandu, on this matter. Mr. Sandu has been recently appointed in this position, and inherited the issue from the previous government. The two are reported to have discussed ways to change the current illegality of the legislation in Romania so as to fit the spirit of the EU law.

“Independent national regulators are the backbone of the EU telecoms rules and are therefore central to fair regulation in Europe's single telecoms market," said EU Telecoms Commissioner Viviane Reding. "It is worrying to see the government of an EU Member State nullifying, in 2008, the effects of a court ruling, particularly as it is not the first time this has happened in Romania. It is against EU telecoms rules and challenges the very principle of the rule of law, upon which the EU is based.”

“I call on the Romanian authorities to do their utmost to ensure the stability and independence of the telecoms regulator, both for legal certainty and for sound and fair regulation of the market. I offer my support and the advice of my services to the Romanian authorities, in particular to the new Minister Gabriel Sandu, to help bring its telecoms rules into line with EU law, so that it fully respects the independence of the telecoms regulator. For us, the issue is not this or that person, but that long-term, stable solutions are found to secure the independence of whoever is at the helm of the regulator,” she also added.

Back in August 2008, Romania's Prime Minister took the decision to replace the President of Romania's telecoms regulator, but the decision was suspended by the Bucharest Court of Appeal only a month later. According to the court's decision, the regulator's president was supposed to be reinstalled in his position, yet the government adopted an emergency legislation and restructured and renamed the national regulator, while also appointing a new President.

Since the action deprived the court ruling of effect, the EU Commission sent two administrative letters announcing the gravity of the case to the Romanian government, which did not respond to them. Another letter of formal notice has been therefore sent to Romania, which is the first step of an infringement proceeding under Article 226 of the EC Treaty.