5G networks, (cyber)security harmonisation and the internal market: The limits of article 114 TFEU

The European electronic communications market is preparing for the large-scale roll-out of 5G broadband networks, which is expected to revolutionise communications in the EU economy and in European societies. The introduction of 5G technology in Europe can build on an existing framework of electronic communications legislation which were adopted in the internal market harmonisation competences regulated in the legal base provided in art.114 TFEU. However, as revealed by the EU's policy documents, 5G technology, as well as its suppliers, represent considerable internal security risks and pose a threat to Europe's technological sovereignty and autonomy. The EU reacted to these challenges by securitising and politicising its 5G policy. These developments question whether its implementation can take place in internal market competences, and whether the EU alone possesses sufficient competences to secure implementation.