ARCEP takes note of the Constitutional Council's decision on the Authority's power to impose penalties, and welcomes the Government announcement

Paris, 5 July 2013

ARCEP has taken note of the decision issued today by the Constitutional Council, stating that the legal provisions contained in the French Postal and electronic communication code governing ARCEP's power to impose sanctions (Article L.36-11) are unconstitutional.
ARCEP also welcomes the Government's announced plan to submit a new procedure to Parliament in the very near future which is consistent with the Constitution.

The power to impose sanctions, which is written into law, is indeed an important means of action available to the Authority, guaranteeing that operators comply with both existing legal and regulatory provisions, and with the decisions that ARCEP issues when fulfilling its regulatory mandate.