Article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of the Public Administrations and article 26.2 of Law 50/1997, of 27 November, of the Government establish that prior to the elaboration of the draft or preliminary draft law or regulation, a public consultation will be held, through the web portal of the competent Administration in which the opinion of the subjects and the most representative organizations potentially affected by the future rule will be sought.
In application of both legal precepts, this prior public consultation is initiated, in order to prepare a Preliminary Draft Law on the transposition of Directive (EU) 2018/1972 of the European Parliament and of the Council, of December 11, 2018, establishing the European code of electronic communications, so that any subject, person or interested party can express their opinions or submit the comments and documents they deem appropriate.
The recently approved Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Code of Electronic Communications, consolidates in a single text the first four directives mentioned (Access, Authorisation, Framework and Universal Service Directives), with the aim of simplifying the current regulatory structure of electronic communications and strengthening their coherence and accessibility, and introduces important and significant modifications and regulatory developments in the legal regime of the directives it consolidates.
Consequently, in order to carry out the transposition into our legal system of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Code of Electronic Communications, it is necessary to modify the current General Law on Telecommunications or to approve a new standard of legal status in the field of telecommunications.