Interview with Anthony Whelan

Interview with Anthony Whelan

Director for Electronic Communications Networks & Services at the European Commission, by Kevin Seery

Why did you initially choose to study law, and where did you envision yourself going after you graduated?

I hesitated a lot in my final years in school right up until filling out the CAO as whether to do law or architecture. I think the reason I was interested in either of those disciplines is that they both involved analytical thinking, but are simultaneously very hands on in their practice. I ultimately settled on law, and I’ve never looked back When I was thinking about what I would do after my law degree, I didn’t have a lot of information about my different options, I imagined myself in the two mainstream professions, and preferred the option of a barrister as I have always liked a good combative exchange be it in writing or orally. However, I was not aware at the time of the importance of analytical expert opinion work when you’re a barrister – although I think that may have changed over the years with developing of expertise in solicitors – , nor did I know about the options to be an in house lawyer in various lines of business or public service. One thing any young lawyer should be aware of from the early days is that a law degree opens multiple doors and not just the most obvious ones in the profession.

You’ve enjoyed a rather unique career trajectory, initially qualifying as a barrister, then going on to lecture in Trinity, before pivoting in a more EU orientated direction, taking up a job as a legal secretary in the Chambers of an Advocate General at the European Court of Justice. Can you speak a little on how this pivot occurred and what inspired you to pursue a career in the legal system of the European Union?

Well in a way it did come out of nowhere. I had always been quite interested in European Law while studying it and during my academic career, and I had done some teaching and writing in the area particularly surrounding the interface between EU Law and Irish Constitutional, and Public law So when Nial Fennelly was appointed to Advocate General for the European Court of Justice and word went round that he would be putting together a cabinet, I decided, a bit opportunistically, to throw

my hat in the ring. Ultimately it worked out and he asked me to join him. It was a relatively unplanned move, and what I would draw from it is that you should never be too rigid in your career planning, opportunity may come up and it can be great to capitalise upon them. I’ve never regretted making this career move as it was interesting to move to another country I wouldn’t have ended up living in otherwise, and it also opened up many other doors most in other European Institutions.

Your current role is the Director for Electronic Communications Networks and Services, can you speak a little about what your current job entails?

Director for Electronic Communications Networks and Services is a long and obscure title for what most people still call telecoms. My department, versus other technology based departments in the European Commission, is rather unique as broadband networks are physical, and like any infrastructure they are rooted in the place they are installed, so just because you have it in Dublin doesn’t mean you have it in Clonakilty. We work towards creating a common European framework in this area in order that competition to deploy networks can function in a broadly similar rulebook across the EU. This includes things like providing players like Vodafone or Sky access to the Eir Network in Ireland as it is built to be dominant across the country. Building this framework also extends to more cross-border things such as our ten-year campaign to reform roaming charges which we finally closed in summer of last year. This also extends to relatively new issues like net neutrality, ensuring those who run the networks

which are so vital to the online economy do so in an even-handed way and don’t favour their own services, for example they don’t try maintain their own mobile phone revenues by blocking competing online voice communication services. On an individual level, this entails sitting in on legislative activity such as discussions in the European Council and Parliament, and also secondary regulatory activity such as supervising the draft decision making of national regulators such as ComReg, and influencing their decisions in areas such as allocation of radio frequencies for services like 5G communication. We also ensure they are compliant with European consumer protection rules in the telecommunications area, such as for example your right to switch operator and bring your number with you.

In your role as Director for Electronic Communications Networks and Services, you’re creating a regulatory environment to facilitate the EU’s goal of creating a Digital Single Market. Can you speak a bit on what the Digital Single Market is and why it is something the EU is pursuing?

The Digital Single Market, like any single market, is designed in such a way to make sure that the framework of rules for online economic activity are set on a common European basis, while also reflecting social concerns important to European citizens. Having a common set of rules has facilitated a number of advantageous EU programs, such as the earlier mentioned reform for roaming charges, and Net neutrality regulations. I think having a common regulatory framework is particularly important for the online economy because it is so immaterial. When dealing with online services they can be deployed across some, if not all, member states almost immediately. They can expand and operate legally across the entirety of the EU far more easily if they have a common rule base against which to develop compliance of their services.

Finally, you’ve worked in a number of EU Institutions in a legal role, what advice would you give to a law student who would ultimately like to pursue a career in the EU Law framework?

I think it is worth noting from the outset that I actually felt rather well prepared for my roles in the EU Institutions from my four years study in Trinity plus my three or four years on Trinity staff. I believe Trinity College law school is a relatively multicultural environment in itself, and courses such as Law and German and Law and French provide a good basis for seeking a role in EU Institutions. Other than that, one thing I would suggest, be it through Erasmus or postgraduate studies, is to take the opportunity to study in another cultural environment. Even though much international study these days is now done in English, and by the way much business done within the commission is done in English and I don’t think that will change with Brexit, simply rubbing up against people with somewhat different cultural baggage and expectations is a good preparatory step in itself to work in a multicultural institution. On a more pragmatic note there are avenues of study that can prepare you if it’s the EU institutions that attract you. There’s a little bit of an old chestnut that the College of Europe in Bruges is the preparatory school for the European Commission, and I have plenty of colleagues who went there, so like most clichés there is a little bit of truth in it, but it is by no means the obligatory path. There are very respectable EU Law Courses at undergraduate and postgraduate level throughout Europe including in Ireland.