4 - Union competence

Summary

Introduction

Broadcasting policy lies across a number of fault lines within the terrain of the Union relating to its purposes and its powers. Broadcast policymaking has occurred within the developing framework of the Union in which, over time, we have seen expanding Union competence accompanied by changing relationships with member states. This relationship is not just a power struggle between different levels and institutions of government. It also has an impact on the value ascribed to different types of policy areas, depending on whether an area is seen primarily as Union competence, or a field falling mainly within the preserve of the member state. Difficulties also arise out of the different types of competence awarded to the Union itself, which result in tension between these areas of competence, and affect the types of measure that can be taken at Union level.

This chapter delineates the nature of the Union as a body of attributed competence, as well as considering its relationship with the constituent member states. It is important to note that this chapter does not consider political or policy processes; rather, it identifies the legal framework within which political and judicial actors operate and the consequent law-based limitations on their respective freedom of action. We commence with a brief introduction to the Union and the principles upon which it operates. We then consider judicial harmonisation, which is the application of treaty freedoms and competition policy, as it limits the scope of member states to regulate in many areas.