HARMONIZING ALBANIAN ELECTRONIC COMMUNICATIONS LAW: A COMPREHENSIVE ANALYSIS OF EUROPEAN ELECTRONIC COMMUNICATIONS CODE IMPACT
In: Balkan social science review: BSSR, Band 22, Heft 22, S. 189-211
ISSN: 1857-8772
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In: Balkan social science review: BSSR, Band 22, Heft 22, S. 189-211
ISSN: 1857-8772
Approximation of national legislation in the sector of electronic communications services as well as in the sector of postal services by the acquis communautaire of the EU and harmonization with the policy sector and mid-term strategies for the development of networks and electronic communications services and postal services constitute the first steps and important for inclusion and consideration of universal service in the two respective sectors, the electronic communications and postal services. The next important stage is their implementation in practice for defining the elements of universal service in both sectors, to assess their national circumstances, to identify the social groups and different categories of who should be the beneficiaries of universal service respective by sector considering a set of principles concerning the necessity of their endurance by all users in financial terms,regardless of their geographic location, have access to the services offered and in this regard, the need to be cost-oriented evaluating and monitoring their principles for the fees to be the same for the same services and the obligation for the provider / providers of universal service that the respective services together with their charging and non-discriminatory, in order not to harm its competitiveness and development of the postal sector.
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The field of electronic communications for the importance of the everyday life, and the impact that reflects the economic development, it is considered important, so that the approach to electronic communications services has found attention from state structures in each country, consequently in Albania. Its electronic communications market operates on the basis of a special material law, under the supervision and continuous monitoring of the regulatory entity (AEPC), who fulfills his regulatory mission through ex-ante intervention in the market, as well as attention and legal responsibility over those of the Competition Authority which extend its effects through ex post interventions. The structure of the market for the (number and dimensions of the players) in order to successfully fulfill the regulatory mission it should not be a political objective, but to be finalized in concrete results. Political objectives focused on innovation and technological innovation, to increase investment, expanding opportunities for consumer choice, in terms of competitive prices for market products /services, which ultimately serve for the final goal of the regulator to maximize social welfare, are provided to only as a combination of regulatory measures and legal instruments to achieve those objectives, through the use of appropriate models for market regulation as a first step to target the achievement of effective and comprehensive competition, and measuring the performance of the markets in which regulation orients in a competitive market dynamic.
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Electronic communications services and the dynamics of their development require in itself special care and continuous efforts of the national policies. This is used to build effective strategies with the aim of laying the right steps. It is in coherence with international development of the electronic communications market for the products. It also serves as an integral part of its services. Some of the decision which will result to measurable effects in the market include: concrete steps which are related to the harmonization and alignment of the full legislation national primary, absorption and outline of the directives of the EU as an integral part thereof, drafting regulatory acts as secondary legislation, and continuous care for a hand regulatory which is strong and neutral. For careful coordination of the chains as a whole in the chain functioning of this market, where policies and sectoral strategies, regulatory and decisionmaking, entrepreneurs and consumers in the market of products/services offered are on the side of maximum benefits, it would first of all mean finding the appropriate instruments and implement them in a legal manner. This is possible through effective remedies. Thus, the development of competition is the only way that would make it possible for all the actors to find themselves on the side of the party that would win.
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This short treatment introduces the concept of potential disputes in the electronic communications market, their typology and the background in which exist premises to arise desputes in this market. Broadly represents the forecast of domestic regulatory and legal framework for the treatment of desputes existing in this market, approximation of legislation with EU directives, ways to resolve disputes arising in the potential levels of the market in which those disputes arise. As a summary is treated the concept of internal market/markets structure as domestic part of the electronic communications market, identifying the importance of "treatment" of state and regulatory policies, and their impact on the design, planning and management strategies of the market players. The case of Albania is breafly treated regarding to the aspects referred in topic, closely linked with desputes and their treatment, paying a special importance administrative settlement in procedural terms. Identification of regulatory effect, as potential to be measured and compared with analog markets, and services offered in these markets with other countries, regional, of EU, or wider and mainly in the aspect from they derive, which highly propable are connected to services offered - their tariff - quality products / services. Briefly on the importance of effective competition and its impact on the number of disputes arising in such a market, considering liberalization as factor of market as fundamental aspect in the development of the market, increasing the number of providers of products / services and legal remedies forecast with specific criteria that maximize protection of users of products / services offered.
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