(I wasn't trying to make a point.)
As far as I know, that's what the initiatives like PMPC¹ are for.
I think in Switzerland, a law recently passed that seems to go in that direction² (Open Source should by default but some leniency as far as I can interpret the text).
According to this³ OSOR report, something similar happened in Italy in 2019.
So, I think we're slowly going in that direction in Europe.
¹: https://download.fsfe.org/campaigns/pmpc/PMPC-Modernising-wi...
²: https://www.admin.ch/gov/fr/accueil/documentation/communique...
³: https://joinup.ec.europa.eu/sites/default/files/inline-files...