|
Publishers Abstract:
In its judgment of May 2, 2006, the European Court of Justice dismissed the application brought by the UK seeking the annulment of the Regulation establishing the European Network and Information Security Agency. The judgment therefore offers valuable elements with regard to a number of issues. Firstly, it concerns the scope of Article 95 EC, and especially the notion of 'measures for the approximation'. Secondly, the ruling regards the possibility of establishing agencies on the basis of Article 95 EC. Finally, the judgment raises the question as to whether the establishment of agencies requires recourse to Article 308 EC. The facts giving rise to the case find their origin in the EC harmonisation legislation adopted between 1999 and 2002 with a view to completing the internal market in the sector of electronic communications. The directives enacted in this area deal with different aspects of electronic communications: from e-commerce to electronic signatures, from the protection of privacy to networks and security.
|
