Keywords
Summary

Keywords

Acts of the institutions — Directives — Implementation by the Member States — Need for clear and precise transposition — Directive 90/388 on competition in the markets for telecommunications services — Member States' obligation to designate clearly the competent authority for the grant of rights of way for the provision of networks and to establish transparent administrative procedures — (Art. 249 EC, third para.; Commission Directive 90/388, Art. 4d)

Summary

In respect of the transposition of a directive into the legal order of a Member State, it is essential that the national legislation in question effectively ensures that the directive is fully applied, that the legal position under national law is sufficiently precise and clear and that individuals are made fully aware of their rights.

In particular, in relation to the designation of the authority competent to implement the directive, even if the Member States are free to delegate powers to their domestic authorities as they consider fit and to implement directives by means of measures adopted by various authorities, the fact remains that individuals must be made fully aware of their rights.

Thus, as regards the effective transposition of the first subparagraph of Article 4d of Directive 90/388 on competition in the markets for telecommunications services, as amended by Directive 96/19, under which Member States are not to discriminate between providers of public telecommunications networks with regard to the granting of rights of way for the provision of such networks, the competent national authority for the grant of such rights must be clearly designated and transparent administrative procedures must be established to implement them. Lack of transparency is capable of discouraging undertakings wishing to provide public telecommunications networks from making applications for rights of way.

see paras 32, 36-37, 39