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2014 Eur. Networks L. & Reg. Q. 189 (2014)
Editorial

handle is hein.journals/enlr2 and id is 197 raw text is: Editorial 1 189 Editorial Dear Reader, Regulation is often regarded as a 'strange animal, especially in the EU. Many people ex- press quite fundamental criticism towards EU legislation which they perceive as 'over regula- tion, leaving too little scope for market forces to produce their beneficial effects. In the not work industries, Lhere is however a broad consensus Lhal ex ane regulaLion is a necessary pre- condition for enabling and promoting competition in previously monopolized markets. But even here, we witness fierce debates on the right degree of regulation and the need to dereg ulaLe the markets. The ENLR and its increasing group of contributors continue to explore the boundaries be- tween good and bad regulation, both aL EU and national level. The current issue contains three excellent examples frorm different network industries where specific regulations are deemed necessary to ensure important policy goals. The extension of third party access to mt cro power grids shall increase the overall benefits of liberalized electricity markets. The plea for a uniform regulatory model for the allocation of rmobile frequency spectrum, cormbining clements of auction and beauty contest, is meant to generate a more efficient outcome for the markeL. And last but not least, competition in the field of airline transport shall be enhanced through stricter regulatory tools for setting the right level of airport charges. The key driver behind stricter regulation usually is the EU, although Member States have 1o Lake concrete action for implementing the rules. Diverging practices aL national level may lead to a call for more harimonization in the form of EU wide substantive rules and monitor ing procedures. Such trends then trigger a political debate about the remaining scope for na tional goverrunents to define their own policy objectives. The article by Jakub Kociubiiski is particularly interesting in this regard, because the author sheds light on this debate and its key aspects in the air transport sector He argues ihat public service exceptions from the competi- tion principles should be made subject to stricter requirements by the Mermber States, and sug- gests a closer calculation of the economic viability of the services in question and of the com pensalion of losses. Such controversial discussions are necessary, and they can be found in other network in- dustries as well. This very issue may soon lead to a referendum in Switzerland where a citt zenb' iniLiaLive ('Pro Service Public) has requested thaL all national railway, poslal and tele- coms services should be offered to the public without generating profits and without any cross- subsidization. The Swiss government has rejected this request in a recent opinion and the de cision making process is likely to conclude in 2015. Without going all that far, we can take it for granted that we will witness further debates of a similar kind also in the EL's new political configuraLion, starting later this year. The ENLR will keep a close eye on these issues, so keep up with us and feel free to contribute! Robert Klotz Executive Managing Editor ENTR 3|2014

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