European Union Media and Platform Regulations, the Autonomy of Member States and the Brussels Effect

Koltay András: European Union Media and Platform Regulations, the Autonomy of Member States and the Brussels Effect.
SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW, 31 (2). pp. 334-377. ISSN 2154-2244 (2025)

Szöveg
Article1-Koltay.pdf - Megjelent verzió
Download (524kB)

Mű típusa:

Folyóiratcikk

Szerző azonosítók:

Név	ORCID	MTMT szerző azonosító
Koltay András	0000-0002-4991-4343	10022540

Absztrakt (kivonat):

The Member States of the European Union have necessarily given up part of their autonomy and sovereignty. This was done within the limits set by the Treaties establishing the Union, of the free will of the Member States that signed the Treaties. The European Commission and the European Parliament has in recent years constantly sought to extend its powers, to the detriment of the Member States. This is also true in the area of media and platform regulation. These bodies have argued that further and further legislative steps can be considered as derivable from the Treaties. Thus, over the last few years, fundamental changes have taken place in these areas, with the adoption of the Digital Services Act (DSA), Digital Markets Act (DMA) and European Media Freedom Act EMFA) regulations, the future impact of which cannot yet be measured. The article examines the question of whether the EU had the power to adopt these regulations in all cases, what room for maneuver was left to the Member States after the adoption of these regulations, and whether the regulations are capable of indirectly influencing the legislation of other non-EU states (the so-called ‘Brussels effect’). First, the adoption, legal basis and effects of the new European media regulation (EMFA), are examined. Then the central element of the new platform regulation (DSA), will be examined from the perspective of how far it excludes national legislation outside EU law. Later, the article considers the potential Brussels effect of the DSA and the DMA, the latter being a competition regulation also in the field of platform regulation. This is also a key issue for US-based platforms. On the Brussels effect, there is already experience with the previously adopted General Data Protection Regulation, the global impact of which is also reviewed.

Folyóirat címe:

SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW

Megjelenés éve:

2025

Kötet:

Szám:

Oldalak:

pp. 334-377

ISSN:

2154-2244

Intézmény:

Pázmány Péter Katolikus Egyetem