Decoding the Romanian implementation of the European Electronic Communications Code

More than two years after the expiry of the deadline for the transposition of Directive (EU) 2018/1972 establishing the European Electronic Communications Code (“Electronic Communications Code“), Romania has adopted for this purpose the Law no. 198/2022 amending certain regulatory acts in the electronic communications sector and for the establishment of measures meant to facilitate the development of electronic communications networks (“Transposition Law“).

However, the legislative process of the Transposition Law has proven to be quite tumultuous in practice. After the fulfilment of the proceedings before the Constitutional Court of Romania, the re-examination by the Romanian Parliament further to certain provisions being declared unconstitutional and in the context of the European Commission’s notification of the Court of Justice of the European Union regarding Romania’s failure to meet its obligation to transpose the Electronic Communications Code’s provisions, the Transposition Law was finally published in the Official Gazette on 7 July 2022.

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