Friday

9th Jun 2023

France defies EU parliament on internet law

In defiance of the European Parliament, the French lower house has approved a law that has widely been described as the most aggressive attempt to counter internet piracy yet.

The 'three-strikes' law that would cut off internet access to users found to be repeatedly downloading copyright content without the permission of the owner was passed by 296 votes to 233 in what is the government's second attempt to push through the bill.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

  • France has passed legislation that falls afoul of the European Parliament's position (Photo: Lee Jordan)

The legislation, which creates a new government agency, the Hadopi ( the Haute Autorite pour la Diffusion des Oeuvres et la Protection des droits sur Internet, or High Authority for the Diffusion of Works and the Protection of Rights on the Internet), which first sends a web-surfer an email warning, then a letter through the post and, finally, as the third 'strike,' can interrupt his internet access for up to a year.

The bill, a flagship piece of legislation for President Nicholas Sarkozy, whose wife is a pop star, was defeated last month when deputies from the governing centre-right UMP failed to turn up to vote in sufficient numbers and the opposition Socialists managed to quash it.

However, in a move targetting the French three-strikes law, last week, the European Parliament approved an amendment to a major piece of telecommunications legislation specifically outlawing the ability of governments to cut off internet access without first receiving a court order.

The European bill including the amendment must still be endorsed by the Council of Ministers, representing the EU member states, when telecoms ministers meet on 12 June.

Such an endorsement is unlikely to be forthcoming, kicking passage of the entire package into the long grass, as further negotiations between the parliament and the Council will take months.

However, the author of the amendment, French Socialist MEP Guy Bono, said on Tuesday evening he intends to ask the European Commission, which has consistently backed the parliament's position, to launch legal action against Paris for "not respecting [European] community legistion."

"While the [three-strikes bill] was rejected last week by 88 percent of European deputies, the French National Assembly has bent itself to the will of the president by adopting the Creation and Internet law," he said.

"To flatter the ego of the prince," he added, in reference to the French president, "the majority intends to pass a text that it knows quite well to be contrary to community law."

"This shows utter contempt for Europe and its citizens three weeks ahead of the European elections."

Noting that the European bill still has to complete its full legislative procedure, Mr Bono said that the French move nevertheless flouts tradition.

"When two acts are discussed at the same time on both the national and [European] community level, it is good behavior to leave the community act being adopted as a primary.

"And so to avoid any legal uncertainty, in the event of a contradiction between the two laws, it is the European law that takes precedence and the national law that must be modified," he continued.

"If a French constitutional judge does not react, I will ask the European Commission to request the European Court of Justice launch infringement proceedings against the French government for not respecting community law."

Predicting migration: the opaque science behind AI technologies

European states and international organisations have developed technologies to detect migration patterns and predict the number of people from third countries seeking asylum in the EU. But doubts have been raised about the effectiveness and desirability of using predictive technologies.

EU lawmakers 'hold breath' on eve of AI vote

European lawmakers regulating the risks of artificial intelligence are likely to face resistance from EU states ahead of negotiations later this year and possibly even among their peers ahead of a plenary vote.

EU spends €387k on a metaverse, throws low-attendance gala

A metaverse gala event organised for the European Commission on Thursday (29 November) attracted a handful of confused ballon-like avatars. The gala was a part of €387,000 metaverse project, financed by the European Commission's foreign aid department.

Phone spying scandal exposes 'impotent' Europe, says lead MEP

Democracy in Europe is being undermined by alleged government-led spyware on citizens, journalists and politicians, says Dutch liberal MEP Sophie In't Veld, who is lead report writer for a European Parliament probe into the abuse.

Column

EU lobbying clean-up — what happened to that?

Six months after Qatargate, as institutional inertia and parliamentary privileges weigh in, the sense of gravity and collective resolve have all but disappeared. MEPs show little enthusiasm for reform of the rules that today allow them significant outside paid activities.

Latest News

  1. Belgian bâtonnier on Russia: 'You can have a client you don't like'
  2. EU's proposed ethics body 'toothless', say campaigners
  3. Study: 90% of Spanish inflation 'driven by corporate profits'
  4. If Spanish economy is doing well, why is Sanchez poised to lose?
  5. EU lawyering for Russia: making 'good' money?
  6. The 'BlackRock exemption' has no place in the EU's due diligence directive
  7. Europeans don't see China as a rival, but weapons to Russia is a red line
  8. Cleaning workers urge Parliament: 'Europe should lead by example'

Stakeholders' Highlights

  1. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations
  2. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  3. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  4. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  5. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  6. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics

Stakeholders' Highlights

  1. EFBWWEFBWW calls for the EC to stop exploitation in subcontracting chains
  2. InformaConnecting Expert Industry-Leaders, Top Suppliers, and Inquiring Buyers all in one space - visit Battery Show Europe.
  3. EFBWWEFBWW and FIEC do not agree to any exemptions to mandatory prior notifications in construction
  4. Nordic Council of MinistersNordic and Baltic ways to prevent gender-based violence
  5. Nordic Council of MinistersCSW67: Economic gender equality now! Nordic ways to close the pension gap
  6. Nordic Council of MinistersCSW67: Pushing back the push-back - Nordic solutions to online gender-based violence

Join EUobserver

Support quality EU news

Join us