Resumen de Soft Law in EU Electronic Communications Regulation: A Bulgarian Case Study
Soft law adopted by the European Commission is an integral part of the EU regulatory framework for electronic communications networks and services, and has always played an important role in the regulatory process. In economic regulation under the framework, the use of binding legislation is limited to prescribing general regulatory powers and applicable procedures. The regulatory framework allows broad discretion in its application by national regulatory authorities constrained by their duty to take into utmost account soft law adopted by the Commission. The discussion in this Insight relates to the legal, practical and psychological effects of soft law, taking into account the institutional setting and the role of the various actors involved – the Commission, national regulatory authorities, European and national courts, exemplified by a case study of the regulatory practice of the Bulgarian regulator and the case-law of Bulgarian administrative courts.
