LEGAL REGULATION OF ELECTRONIC COMMUNICATIONS - EU Regulatory Framework and the Regulations of the Western Balkans Countries -
The paper analyses and explains the content of the provisions of the EU directives regulating the electronic communications / telecommunications and the obligations of the EU Member Countries and the EU Accession Countries concerning the harmonization of the national regulations with the provisions of these directives.
Special attention is dedicated to the fact that the examination of the essence and the scope of the EU regulatory framework and the analysis of the regulations of specific Western Balkans Countries, regulating electronic communications, has multiple significance for the Republic of Serbia which is in the negotiation phase of the EU accession process. It is stressed that the full harmonization of the regulations of the Republic of Serbia regulating electronic communications with the EU regulations is an essential condition that has to be met during the negotiation and accession process for Serbia to become a member of the EU. The legal practice of Croatia and Slovenia in the regulation of electronic communications is given as an example of a successful harmonization of the national regulations with the EU electronic communication regulations.
The paper concludes that the content of the directives published in November 2009 is of great importance for the Republic of Serbia as a country wishing to join the EU and that the rules laid down in these EU directives will clearly need to be taken into consideration when preparing the Law Amending the Law on Electronic Communications or a new law regulating this sector, since the Law on Electronic Communications in force is not harmonized with the rules from these directives.