CASE COMMENTS : REGULATIONS – FRENCH ELECTRONIC COMUNICATIONS AND POST REGULATORY AUTHORITY – PRIORITY PRELIMINARY RULING ON THE ISSUE OF CONSTITUTIONALITY – IMPARTIALITY – FINES POWERS – PROSECUTION – INSTRUCTION –JUDGMENT– SERVICES DIRECTOR – ARCEP’S CHAIRMAN
Electronic communications and post: The Constitutional Council states the ARCEP fines proceeding doesn’t respect impartiality principle (Numéricable)
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The procedure relating to the power of sanction of the Electronic Communications and Postal Regulatory Authority (ARCEP) has been established since the 1996 Act but has undergone various changes as a result of legislative developments and the influence of European case law. However, the legislator has not gone so far as to create, as in the case of the Commission de régulation de l'énergie (CRE), the Autorité des marchés financiers (AMF) or the Autorité de régulation des jeux en ligne (ARJEL), a committee specifically dedicated to the functions of issuing sanctions and, where necessary, settling disputes, separate from the enforcement authorities, which are
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