Why the European broadcasting quota should be abolished?

Article


Katsirea, I. 2003. Why the European broadcasting quota should be abolished? European Law Review. 28 (2), pp. 190-209.
TypeArticle
TitleWhy the European broadcasting quota should be abolished?
AuthorsKatsirea, I.
Abstract

This article examines the extent to which the European quota rule of the Television Without Frontiers Directive encroaches upon the sovereignty of the Member States in
the area of broadcasting. It challenges the rationale of the European quota on three levels: its contribution to the creation of the internal nmrket, to the promotion of the
Errropean audiovisual sector and to the fostering of Europe's cultural diversity/identity. It sets out the limits of the Community 's competence and shows that the legal basis of the Directive, Articles 47(2) and 55 EC, cannot justify the harmoisation of national programme restrictions creating obstacles to the free movement of television broadcasts in the Community. The industrial objectives of the European quota are outlined and its failure to give a fresh impetus to the European programme industry is analysed. Consideration is given to Article 151 EC as a potential legal basis for the European quota provision and the inconsistencies of the quota's cultural conception are highlighted.

Research GroupLaw and Politics
JournalEuropean Law Review
ISSN0307-5400
Publication dates
PrintApr 2003
Publication process dates
Deposited24 Oct 2008
Output statusPublished
LanguageEnglish
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