As recalled here, by adopting its Regulation AGCOM set a very important precedent, for Italy and the EU alike. As regards the former, it is the first time in Italy that an administrative authority (as is AGCOM) has vested itself with powers (to grant injunctions) which traditionally have fallen within the competence of courts. As regards the latter, the Italian experiment has the potential to be looked at with either interest or fear by the other Member States, as well as informing debate around forthcoming review of the InfoSoc and Enforcement Directives.
Also in consideration of the "innovative" approach to be taken in the Regulation, the EU Commission was asked to provide comments on its first draft [see notification webpage here] focusing on compatibility with EU law, notably the Ecommerce Directive and the Charter of Fundamental Rights of the European Union.
Contrary to what AGCOM President Marcello Cardani declared a few hours ago during a hearing before the Italian Parliament, the EU Commission had many questions and serious doubts about the draft regulation that AGCOM was thinking of adopting. Amongst others, doubts related to compatibility with the fundamental right of defence.
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