Demokratische Legitimation der Vollzugsstruktur der sektorspezifischen Regulierungsverwaltung

The question whether the telecommunications regulations could or should be democratically legitimised and how such legitimacy could or should be achieved emerges because of normative pre-structuring of this sector by the legislation of the EU. Thereby, on the one hand, the constitutional doctrine of democratic legitimacy of administrative agencies in Germany could be affected, and on the other hand, a unique regulatory structure known as Europäischer Regulierungsverbund is instated by the legislation of EU, inducing subsequent problems of democratic legitimacy. In order to deal with these problems, the normative structures of democratic legitimations are examined from the perspective of the German basic law and the Treaty of Lisbon. Based on this analysis, the admissibility of instruction-free regulators in the context of German basic law’s democratic legitimation structure is checked and verified. Moreover, the possible improvement of the European regulatory structure is explored.