Total Pageviews

Thursday, November 05, 2009

European Parliament caves in as expected - Telecoms Package will be national law by 2011

That was quick, no messing around pretending to stand on principle!
A review of where we stand:
  • Following a series of Trialogue and CoReper meetings, the Presidency proposed new text to replace Amendment 138/46 for consideration at the first Conciliation Committee meeting last evening 4th November (to be inserted as a new Article 1 paragraph 3a of the Framework Directive 2002/21/EC);
  • The Council (27 member states) fully supported this text ;

  • The Citizens' Rights directive (amending the Universal Service and e-Privacy directives) along with the Regulation establishing BEREC was approved at the General Affairs Council on 26th October - Member States have 18 months to implement these from the the point of publication in the Official Journal of the European Union.
  • Here's the new text in the Framework Directive Article 1.3a (subject to a final vote in the European Parliament):
    Any of these measures regarding end-users' access to or use of service and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.

    Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to an effective and timely judicial review shall be guaranteed.

    No comments: