The role of the legal department
The cell in charge of Legal affairs reports directly to the ANFR Managing Director. It firstly has specific electronic communication law competences, but is also in charge of checking that the Agency remains within the legal framework of its missions (articles L.43 and R.20-44-10 and following of the French Postal and Electronic Communications Code) and has an advisory role whenever a commitment to be made or a decision to be taken require legal expertise.
As specialists in electronic communications law, of which most rules feature in the code with the same name, the ANFR lawyers are consulted and participate in drawing up the regulations applicable to radio frequencies (legal and prospective watch), in the interpretation of existing regulations with a view to their practical application (in particular the monitoring of the radio equipment market, control of frequency use), as well as settling litigation in the judicial and administrative courts.
The lawyers are also consulted on draft contracts when the Agency acts as a contractor, but also generally on the drawing up and performance of contracts signed by the ANFR for its operation.
They validate letter templates as well as individual letters that have a regulatory or legal content.
Les juristes sont également consultés sur les projets de conventions quand l'Agence se conduit comme un prestataire de service, mais également d'une manière générale sur la rédaction et l'exécution des contrats conclus par l'ANFR pour son fonctionnement.
Ils valident les modèles de courriers ainsi que les courriers individuels ayant un contenu réglementaire ou juridique.
Drawing up and interpreting applicable legislation
The involvement of Legal affairs in drawing up legislation applicable to radio frequencies is in several forms:
- validation of proposed legislation from another entity or another department external to the Agency,
- participation in ministerial inter-departmental work groups or in European meetings.
The interpretation of applicable legislation is provided both by practical advice for actual application in the field, advice that may be urgent because required to complete an ANFR control agent intervention, and by referrals on issues that require an in -depth study.
It includes the drawing up of reports for the courts and representing the Agency at hearings:
- in judicial courts, the cases mainly cover the results of reports filed by authorised and sworn ANFR agents covering R&TTE forwarded to the public prosecutor: drafting of responses to requests for opinions from the Prosecution services, participation in hearings as expert witnesses, etc.
- in administrative courts, the cases mainly cover fees disputed by their holders for the authorisation to use frequencies, as well as claims to cancel scrambling taxes notified by the ANFR to persons responsible for radio frequency interference intended to compensate the Agency’s operating costs when making its findings: defence conclusions and participation in hearings.