Zvezna vlada kot zastopnica interesov dežel v ES in vprašanje televizijske direktive

slovenian

2004

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

In the early eighties it became necessary to harmonize the field of radio and television in the European Community. Therefore, in April 1986 the Commission submitted a proposal entitled the "television directive". Among other things, it aimed to prescribe minimum quotas regarding the broadcasting of "European works" which had to be achieved by each radio or television station. The federal states of Germany opposed the proposal, since they were of the opinion that the Community had no competence to regulate this field. Their standpoint was that radio and television belong to the sphere of culture, the regulation of which remains in their sole competence. Although the Federal Government of Germany shared the same view as the federal states in the beginning, it later departed from it. The Federal Government acknowledged to the Community the competence to regulate the field of radio and television, since such a view was in conformity with the ruling of the ECJ. Nevertheless, the Federal Government denied the possibility of introducing quota-regulation, since it would represent an intervention in the area of cultural expression. However, it later realized that it would be impossible to achieve the abolition of the quota-regulation. Thus it retracted from its position and satisfied itself with a protocol of the Commission and the Council which stated that the quota-regulation represents only a political obligation. Yet the view of the Federal Government that the protocol deprives the quota-regulation of any binding force is questionable. As it can be inferred from the Treaty itself and also from the statement of the Commission, the directive is binding in all its parts. It follows that the consensus of the Federal Government for the adoption of the directive represents a breach of the federal states' rights, since in cases when it must withdraw from the common standpoint reached with the federal states and when the withdrawal is to the federal states' detriment, it must consult the Federal Council.

26.01.2021