EC Launches Infringement Case Against Romania Over Independence Of Regulator

The Commission decided to refer Romania to the European Court of Justice in the matter.

The Commission said in its release that the Romanian government’s decision in 2008 first to remove the President of the national telecoms regulator and then, after a court ruling suspending this decision, to restructure and rename this authority represents, in the view of the European Commission, a serious violation of the regulator’s independence.

Following repeated warnings, the Commission opened an infringement proceeding against Romania by sending a letter of formal notice under Article 226 of the EC Treaty to the Romanian government.

Earlier this week, the spokesman of EU Telecoms Commissioner Viviane Reding, Martin Selmayr, told MEDIAFAX the Commissioner would propose to the European Commission the launch of infringement procedures against Romania for state interference into the independence of the national telecom regulator.

Selmayr reminded the Commissioner’s intention to call for infringement on Romania was announced last year, when she expressed concern over the independence of the Romanian telecom regulator and sent a series of letter to Bucharest authorities in this respect, requiring an answer by October 24.

In a letter addressed to former communications minister Karoly Borbely on October 17, Reding said “the independence of national regulatory authorities is one of the core principles of the EU regulatory framework on electronic communication and no EU regulatory policy for the Telecom market can function unless the member states themselves ensure that the national regulatory authorities can function independently”.

The EU Commissioner also urged Romania to inform the Commission on the reasons that led to the dismissal of regulator president Dan Georgescu, on August 18, a decision later suspended by a Bucharest court.

Instead of reinstating Georgescu at the helm of the regulator, the Romanian government decided to reorganize the institution by emergency decree.

Selmayr said several answers were received from Romanian authorities, but all were unsatisfactory. He added Romania not only breaches EU telecom rules, but also disregards the rule of law by not applying a final court decision.