In some countries, there is no tangible evidence of draft legislation, and the implementation of the EMFA has not moved beyond government announcements, raising fears that the regulation will be, at best, implemented late, and at worst, remain partially implemented. In Germany, a draft treaty on digital media, legally binding across the country, was announced in May to help implement some EMFA provisions, but the complexity of the process leading to its adoption has caused the initiative to stagnate. In France, the bill to make the legislative changes required by the EMFA will not be presented to Parliament until next autumn at the earliest.
Strengthened protections for journalists are an urgent necessity in many EU countries: journalists are under surveillance due to a lack of sufficiently protective national laws, and their sources are being sought out. Independent outlets are under pressure in the absence of guarantees protecting the independence of their editorial staff, and politically motivated decisions are undermining media pluralism. In several countries, the appointment procedures for the heads of public service media remain highly politicised — Slovakia being a prime example — contrary to the independence requirement established in the EMFA.
The European Commission cannot remain inactive
In response to this situation, the European Commission must remain resolute. The Commission should consider launching infringement proceedings under Article 258 of the Treaty on the Functioning of the EU (TFEU) if the concrete implementation of the EMFA continues to be delayed at national levels. This situation also constitutes a test of credibility: the adoption of the EMFA was welcomed as a way to strengthen the EU’s democratic infrastructure. The implementation of this regulation must be a cornerstone of the future “democratic shield” that Commission President Ursula Von der Leyen has announced for the coming months.