Judith pointed out that when it comes to EU policy proposals these tend to be based on some aspect of the Treaty of the Functioning of the European Union(TFEU). In line with the Digital Single Market framing of digital policy making in the EU the DSM directive proposal points to Art 114 TFEU as the legal basis for the directive.

Save where otherwise provided in the Treaties, the following provisions shall apply for the achievement of the objectives set out in Article 26. The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

We can probably learn a thing or two from the Front Rassemblement National here which for long has been involved in an effort to reframe the European project as a whole. We may ridicule many of their fomalistic AMs in the copyright file (which have no chance of success in the current EP) bit it if worth looking at how they operate.

JURI AM 73

The above AM attempts to change the justification for the DSM proposal from Art 114 to Art 167 TFEU, which if successful would reframe the directive as a project aimed at protecting cultural (read national) diversity to bring it more in line with the overall policy objectives of the RN:

The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.