engleski

Striking a Balance Between Cultural Goals and Stringent EU Competition Rules

This thesis provides an overview of the interplay between the EU state aid rules and the competence of member states in the cultural sector. On the basis of an independent study of the relevant cases from the EU practice the author indicates the limitations in granting state aid but at the same possibilities of derogation in the audiovisual sector, public service broadcasting, publishing industry and cultural heritage conservation. In this context particular account is taken of the new, rapidly changing media environment with an increased number of players where effects of state aid may generate significant anticompetitive effects. The thesis particularly addresses the concepts of "cultural goods", "public service remit", "public value" and "cultural objectives" used in the assessment and, as a result, justifies the use of state aid under clearly defined criteria. In the specific context the thesis analyses the development of the Croatian state aid regime on its way to the EU accession. It juxtaposes the experience of the EU member states in this area with the deficiencies of the Croatian state aid system and offers solutions for improvement, with special emphasis on the Croatian public service broadcasting sector. As a result, it calls for raising awareness between all stakeholders about the importance of effective state aid control, necessity of clearly defined cultural objectives, a functioning notification system and credible enforcement record.

state aid control; cultural objectives; public service remit; public value test; overcompensation; European Union; Croatia

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