Independence in Action – Sharing Lessons Across Borders
Background
Regulatory independence is often viewed narrowly, focusing mainly on European Union (EU) legislation. However, independence is shaped by many factors, including rulings by EU and national courts and the broader context in which National Regulatory Authorities (NRAs) operate.
Objectives and Contents of the Document
This report provides an overview of how NRA independence has evolved from a legal perspective. It builds on the EU legal framework and incorporates decisions from the European Court of Justice (ECJ) and national courts. The report highlights instances where NRA independence has faced pressure despite this legal framework, especially regarding tariff setting and the dismissal of NRA leadership.
To address these challenges, the report offers a toolbox of practical measures NRAs can adopt to strengthen their independence. It also shares lessons learned from regulatory experience and presents recommendations for further improvements.
Key Considerations for NRAs
NRAs have opportunities to enhance their independence by selecting tools best suited to their context. Key elements identified for improvement include:
- Clear definition of NRA tasks: CEER recommends updating EU legal provisions, considering ECJ and national rulings, to clarify NRA responsibilities.
- NRA complaint mechanism: In cases of independence breaches, NRAs should promptly raise concerns with the European Commission. For ambiguous situations, CEER proposes acting as a first-instance body and developing an easy-access support process for NRAs.
- Ensuring independence in cooperation: NRAs are encouraged to develop mechanisms that protect their independence when working with other entities and EU institutions, with CEER facilitating the sharing of best practices.
- Revisiting ACER provisions: CEER suggests reviewing the rules governing ACER’s independence to ensure it fulfills its original purpose effectively.
- Involving NRAs in task definition: CEER recommends that new tasks assigned to NRAs be covered by their independence and that legislators involve NRAs early to assess resource needs.
