Keyword – member state sovereignty

Koltay, András – Nyakas, Levente:

Question marks on the European regulation of the media in relation to the proposal of the European Media Freedom Act (EMFA)

This analysis reviews the proposal of the European Media Freedom Act (EMFA) from an EU and media law perspective. Examining the legal basis of the regulation, it presents the criteria for media regulation at the EU level and, applying it to the proposal, questions the basic objective of the proposal (i.e., the maintaining of the healthy functioning of the EU internal market) and thus the necessity and the form of regulation. Examining certain regulatory subjects of the EMFA proposal, the authors conclude that in its current form violates the principle of subsidiarity and the sovereignty of the member states. If the regulatory purpose of the proposal were to be directed at cross-border services, general guarantee rules would be acceptable without specifying the detailed rules for their implementation in the form of a directive or of a recommendation.

Keywords: EU law, EMFA, media regulation, subsidiarity, member state sovereignty