13 June 2023
Why the Words “But” and “However” Determine the EMFA’s Legal Basis
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. Continue reading >>
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12 June 2023
Freedom Governed by Brussels
With its EMFA proposal, the Commission is pursuing objectives that are beyond doubt: the safeguarding of plural, independent media in the Union. But no matter how noble an objective may be, it is still not a legal basis. Furthermore, European media supervision shouldonly be linked to the Commission if its oversight Board can provide independent supervision. Finally, the regulatory approach as such has to be questioned: Shall media freedom be secured through media supervision? Continue reading >>
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29 May 2022
The Never-Ending Struggle Over (Northern) Ireland
Claiming the need to “protect the Belfast/Good Friday Agreement in all its dimensions”, the UK government threatens once again to adopt legislation unilaterally changing the Protocol Ireland/Northern Ireland. In legal terms, this would constitute a breach of the Withdrawal Agreement between the EU and the UK. But does the Good Friday Agreement indeed exclude divergence between Northern Ireland and Great Britain or even demand protecting trade from GB to Northern Ireland? Continue reading >>
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