Chapter

Public Service Media and Market Integration: A Differential Application of Free Movement and State Aid Rules?

Roberto Mastroianni

in Market Integration and Public Services in the European Union

Published in print March 2011 | ISBN: 9780199607730
Published online May 2011 | e-ISBN: 9780191725258 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199607730.003.0006

Series: Collected Courses of the Academy of European Law

Public Service Media and Market Integration: A Differential Application of Free Movement and State Aid Rules?

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The regulation of the EU internal market is nothing short of an unremitting balancing exercise between conflicting interests. On the one hand lies the principle of free movement, i.e., the cornerstone of the entire internal market construct, whereby service providers lawfully operating in one Member State must enjoy unrestricted access to the markets of all the other Member States; on the other hand, there are certain aims in the general interest that simply cannot be overlooked, as they often embody politically sensitive issues of particular concern for national authorities and their constituencies. The regulation of audiovisual media services, and in particular of public service media, is no exception. Whilst market integration is the foremost concern in the framework of the Union rules applying to audiovisual media services in general, public interest considerations seem to take precedence in respect of public service media. This chapter examines how this prevalence is enshrined in legislation and is affirmed in the case law of the European Courts. The first part of the chapter examines the legal framework applying to audiovisual media services, and in particular to public service media. The second part focuses on public service media, with a view to emphasizing the specificities in the application of the rules of state aids in the field of public service media.

Keywords: case law; audiovisual media services; public service media; public service broadcasting; EU internal market

Chapter.  15557 words. 

Subjects: EU Law

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