Why the Words "But" and "However" Determine the EMFA’s Legal Basis
<p>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 br...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
2023-06-01
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/why-the-words-but-and-however-determine-the-emfas-legal-basis/ |
| _version_ | 1797805638615564288 |
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| author | Christina Etteldorf |
| author_facet | Christina Etteldorf |
| author_sort | Christina Etteldorf |
| collection | DOAJ |
| description | <p>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.</p>
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| first_indexed | 2024-03-13T05:55:03Z |
| format | Article |
| id | doaj.art-a08461e604e44665b2507a56516c7662 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-03-13T05:55:03Z |
| publishDate | 2023-06-01 |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-a08461e604e44665b2507a56516c76622023-06-13T06:53:17ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442023-06-012366-7044Why the Words "But" and "However" Determine the EMFA’s Legal BasisChristina Etteldorf<p>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.</p> https://verfassungsblog.de/why-the-words-but-and-however-determine-the-emfas-legal-basis/emfa, EU competences, european media freedom act, Internal Market |
| spellingShingle | Christina Etteldorf Why the Words "But" and "However" Determine the EMFA’s Legal Basis Verfassungsblog emfa, EU competences, european media freedom act, Internal Market |
| title | Why the Words "But" and "However" Determine the EMFA’s Legal Basis |
| title_full | Why the Words "But" and "However" Determine the EMFA’s Legal Basis |
| title_fullStr | Why the Words "But" and "However" Determine the EMFA’s Legal Basis |
| title_full_unstemmed | Why the Words "But" and "However" Determine the EMFA’s Legal Basis |
| title_short | Why the Words "But" and "However" Determine the EMFA’s Legal Basis |
| title_sort | why the words but and however determine the emfa s legal basis |
| topic | emfa, EU competences, european media freedom act, Internal Market |
| url | https://verfassungsblog.de/why-the-words-but-and-however-determine-the-emfas-legal-basis/ |
| work_keys_str_mv | AT christinaetteldorf whythewordsbutandhoweverdeterminetheemfaslegalbasis |