Why the European broadcasting quota should be abolished

Article 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 market, to the promotion of the European 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 harmonisation 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.