Cooperation between the regulatory authorities in Europe (communication, electronics, power)

The cooperation among regulatory authorities in the field of electronic communications and energy takes place against the background of the transformation of the european administration in the last two decades. Its institutional design bears the mark of the europeanisation of regulators through the harmonisation brought about by EU law and the diffusion of best practices. The cooperation among regulatory authorities is formalised on the basis of a primary law that is vague. It is also marked by ambiguity with regard to the delegation of pouvoirs on a European level. In the sectors of energy and electronic communications, it reflects the « hybrisation » of two models of governance, European agencies and networks, that gave birth to a powerful « network agency » in the field of energy -the ACER- and a weak « agenciarised network » in the field of electronic communications - the BEREC. The control of the acts of these two organisms in a « Union of law » is ensured by the Cour of justice of the European Union which is, however, difficult to access for individuals. In this context, the European Ombudsman demonstrates a real potential as a complementary forum of control. Against a priori hypotheses with respect to the democratic deficit of the European Union, the European Parliament effectively ensures the democratic control of ACER and BEREC. Even if its means of political control are largely informal and should be better defined, the control it exercices in the context of the budgetary discharge procedure is capable of transforming the institutional design of the above mentioned organisms.