The French Senate has issued a reasoned opinion concluding that the European Commission's proposed Digital Networks Act (COM(2026) 16 final) violates the principles of subsidiarity and proportionality under Article 5 of the Treaty on European Union and Protocol No 2. The opinion, adopted on 15 June 2026 and transmitted as a cover note to the Council on 22 June 2026, objects to the Commission's choice of a regulation over a directive, arguing that only a directive provides Member States with the flexibility needed for national network management and territorial planning.
The Senate supports the overarching goal of harmonising telecom rules to boost EU competitiveness and gigabit connectivity, including fibre, 5G, and 6G. However, it strongly opposes several centralising elements of the proposal. It rejects the strengthening of the Body of European Regulators for Electronic Communications (BEREC) and the creation of a new Office for Digital Networks (ODN) with 25 full-time staff, warning of bureaucratisation, loss of national regulator independence, and insufficient resources. The Senate also criticises the proposed 'single passport' for operators active in multiple Member States, arguing it undermines national control over emergency numbering and lawful interception, which are national security competences under Article 4 TEU.
On spectrum management, the Senate rejects greater EU centralisation, including a Commission veto on national spectrum assignments and very long (40-year or indefinite) access authorisations, calling these disproportionate. It demands explicit exclusion of military, defence, and national security activities from spectrum rules, and warns that the ODN's sole drafting of an EU digital infrastructure preparedness plan could require sensitive national security data. The opinion also calls for coherence with the parallel Cybersecurity Act revision (COM(2026) 11 final) and the 2 GHz satellite services proposal (COM(2026) 311 final).
The reasoned opinion triggers the subsidiarity control mechanism under Protocol No 2, requiring the Commission to review its proposal. The Digital Networks Act, published on 21 January 2026, aims to replace the European Electronic Communications Code and related legislation with a single regulation to simplify rules and stimulate investment in high-capacity networks. The French Senate's objections highlight a fundamental cleavage between EU-level harmonisation and national sovereignty over telecom regulation, spectrum management, and security. If other national parliaments issue similar opinions, the Commission may be forced to amend or withdraw the proposal.