52. There is now in place a broad EU normative framework that underpins what amounts to an ideal functional model of what constitutes an independent regulatory authority that can be used as a benchmark against which national implementing measures and practices will be evaluated. The ruling in the President of the Slovak Republic case regarding NRAs is seminal in that regard as the CJEU has clarified in some detail the meaning of the functional requirements of the concept of independence when applied to NRAs. It does so by implicitly borrowing principles and aspects from the normative framework of independence it has established to define the independence of the judiciary. Not surprisingly therefore, a relatively uniform set of shared core requirements that must be met by the Member States can now be discerned from the case-law that is applicable to both judicial and regulatory national authorities.
|Journal||European Competition and Regulatory Law Review|
|Publication status||Accepted/In press - 28 Jan 2021|
- National Regulatory Authorities