The EU's telecoms package and the French government's proposed law on Internet use both seek to punish illegal downloading and protect intellectual property rights.
But if the EU legislation enters into force as amended at first reading by the European Parliament, France's own proposals would run "contrary" to it, Jancic explains.
Indeed, on 16 February the Council adopted a common position which rejected a Parliament amendment safeguarding the fundamental rights and freedoms of European citizens. "One of the main forces behind this was the French government," Jancic states.
"The most controversial goal of [the French government's proposed law on the diffusion and protection of online content, the so-called 'HADOPI Law', is to punish] illegal downloading in a three-step procedure," Jancic writes. "If the Internet user doesn't comply with the recommendations contained in the two warnings sent to him […], he or she might see their Internet connection cut off," he explains.
"Both chambers of the French Parliament [the National Assembly and the Senate] have scrutinised the EU telecoms package," Jancic writes.
"If the HADOPI proposal becomes law in France and the EU telecoms package is enacted with the European Parliament's amendment, it will render the former contrary to EU law. In this case […], France would be obliged to adopt measures to bring its law into compliance with EU law, which would itself jeopardise the French parliamentarians' legislative efforts," he explains.
Moreover, "if the French HADOPI proposal is ultimately rejected, the European Parliament will stand a relatively greater chance of seeing its amendment accepted by the Council," Jancic argues, citing "a measure of convergence between the opinions of MEPs and French MPs".
"Opportunities for cross-level cooperation within the European Union appear ample in this legislative constellation," Jancic concludes.
