Can a revision of the universal service scope result in substantive change? An analysis of the EU׳s universal service review mechanism

In the EU, the repeated application of the universal service review mechanism has not resulted in any changes to the universal service scope so far. Due to the fact that the design of an exercise shapes its outcomes, this contribution explores the legal framework and the practice of the said review mechanism in order to determine whether its construction effectively corresponds to its intended functionality. The analysis determines a number of serious shortcomings in the legal procedural and substantive provisions on the review mechanism that result in its inconsistent and deficient application and its puzzling results. Drawing on the identified shortcomings and gaps of the regulatory framework and practice, concrete recommendations are made which could improve the transparency of the review process and the quality and plausibility of the examination of the universal service scope.