Why the Words "But" and "However" Determine the EMFA’s Legal Basis

Abstract

Enacting a regulation, which is directly applicable throughout the EU, with such a focus would undoubtedly entail a far-reaching interference with the cultural sovereignty of the Member States, documented inter alia in Art. 167(4) TFEU and the Amsterdam Protocol concerning public service broadcasting. This requires a careful concretisation of existing obstacles to the internal market, their actual overcoming by the proposed rules and a consideration of cultural interests and traditions of the Member States. In its current shape, the EMFA, irrespective of its noble goal, does not meet these requirements. Therefore, most of the EMFA’s substantive rules do not solidly rest on a legal basis, making the proposal partly incompatible with Union law.

Keywords

• emfa, EU competences, european media freedom act, Internal Market