Why the Words “But” and “However” Determine the EMFA’s Legal Basis
Etteldorf, Christina
Author
aut
Text
xx#
2023
Verfassungsblog
2023-06-13
eng
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.
CC BY-SA 4.0
Etteldorf, Christina
emfa
EU competences
european media freedom act
Internal Market
342
https://verfassungsblog.de/why-the-words-but-and-however-determine-the-emfas-legal-basis/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20230613-111130-0
230613
10.17176/20230613-111130-0
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