Luật pháp thông thường được thực thi thông qua một hệ thống các cơ quan thực thi, bao gồm các cơ quan như Công an (cảnh sát), tòa án, Việc kiểm sát, thi hành nhiên, cũng cần hiểu rằng, chỉ những hành vi vi phạm pháp luật gây hậu quả xấu cho xã hội và đến một mức độ cần thiết mới có thể bị đưa ra Toà án. | 174 JACKIE HARRISON AND LORNA WOODS and in terms of the appropriate legal regime within the relevant member state that should be applied. The original version of the TWFD sought to address the issue of jurisdiction. The number of cases which arose on the interpretation of that provision suggests that this was not an entirely successful venture. The Amended Directive adopted the solution that the European Court of Justice ECJ developed. Yet as we face a second revision process the issue of jurisdiction has once again arisen. This chapter will trace the development of the jurisdiction clause and consider the impact on the viewing experience. In the light of this we shall assess the extent to which an appropriate balance between trade and non-trade issues has been found. The original version of the Television Without Frontiers Directive In its original version Article 2 1 provided Each Member State shall ensure that all television broadcasts transmitted by broadcasters under its jurisdiction or by broadcasters who while not being under the jurisdiction of any Member State make use of a frequency or a satellite capacity granted by or a satellite up-link situated in that Member State comply with the law applicable to broadcasts intended for the public in that Member State. The provision envisages two possible situations first that where a member state would normally have jurisdiction and secondly one in which satellite frequencies and uplinks come into play. Looking first at the normal situation the approach was not helpful. In effect the Union defined jurisdiction by saying that those that have jurisdiction have jurisdiction. The definition did not help in defining who would normally have the jurisdiction to regulate broadcasts in a given situation. This is perhaps symptomatic of the different viewpoints held on this matter one AdvocateGeneral suggested that the use of such vague terminology was designed to cover the fact that there was no political agreement as to the
