Dispute resolution in telecommunications : a commitment to out-of-court

Abstract

The EU Regulatory Framework for Electronic Communications has for long favoured extrajudicial settlement for the resolution of sector-related contractual disputes. Different entities and procedures have been put in place as a way not only to enhance access to justice but also to strengthen the effectiveness of EU telecoms rules. This article argues that these out-of-court dispute procedures contribute to bridging the gap in the enforcement of EU rules concerning private relationships, allowing the integration of EU policy objectives by means of dispute resolution, at the expense of domestic fundamental rules and principles of contract law.