European Union Economic Law and Culture by Psychogiopoulou, Evangelia; Schoenmaekers, Sarah;

Short description:

This topical book provides fresh insight into the ways culture interconnects with and is treated by EU economic law and policy. Contributing authors pose key questions pertaining to the nature, scope and extent of the competence of the EU and its member states in the field of culture.

Long description:

This topical book provides fresh insight into the ways culture interconnects with and is treated by EU economic law and policy. Contributing authors pose key questions pertaining to the nature, scope and extent of the competence of the EU and its member states in the field of culture.

Incisive in nature, this book brings together esteemed academics and practitioners to advance understanding of the Union as a cultural market economy and effectively surveys the ways in which the EU has been able to pursue cultural policy aims within the context of its internal market and external trade policies.European Union Economic Law and Culture shows that there is still ample room for improvement when it comes to balancing economic and cultural concerns in EU law and policy-making, underscoring the need for measures and strategies aimed at ‘cultural correction’.

This book is a valuable resource for academics, scholars and postgraduate students specialising in EU law and policy, EU constitutional law and EU regulation in the field of culture. Containing crucial legal debate with practical policy implications, it is also highly beneficial for cultural and economic policy-makers at both the national and EU level.

‘European Union Economic Law and Culture undertakes a timely and wide-ranging investigation into the impact of the Lisbon Treaty on the relationship between culture and European Union (EU) law and policy. The book not only seeks to re-evaluate familiar assumptions regarding the inevitable tensions between trade and culture but also to highlight the links between the protection and promotion of culture and the EU’s fundamental values and rights. Specific chapters identify important shifts in practice, such as an increased willingness on the part of the Court of Justice of the EU to refer questions of proportionality involving cultural claims back to the domestic courts, as well as areas where further action could be taken by the EU, for instance, in promoting wider participation in cultural policy-making and enhanced articulation of cultural considerations in corporate sustainability metrics. There are detailed and reflective chapters on developments in areas such as international trade, competition, copyright, and heritage protection law. Written by established authors in the field, European Union Economic Law and Culture challenges us to reconsider the foundations of European Union law and reflect on what steps are needed if a “culturally corrected” market economy is to be truly realised.’

Table of Contents:

Contents

1 The EU as a cultural market economy: In need of ‘cultural
correction’? 1
Evangelia Psychogiopoulou and Sarah Schoenmaekers

PART I EU CULTURAL COMPETENCE
2 Legal framework of the EU’s cultural policy 15
Bruno De Witte
3 The economic logic of cultural Europeanization:
Branding, competition and social capital 27
Tuuli Lähdesmäki
4 Participation in cultural heritage governance in the EU:
Foundations, challenges and socio-economic significance 46
Andrzej Jakubowski
5 The review of the EU’s sustainability reporting system:
An opportunity for cultural diversity? 70
Lilian Richieri Hanania

PART II CULTURE IN EU ECONOMIC LAW AND POLICY
6 Culture vs market integration: Unity and diversity in EU
internal market law 88
Evangelia Psychogiopoulou
7 Free movement, market failure and the protection of culture 109
Iris Goldner Lang and Maroje Lang
8 The key role of cultural diversity in the EU’s digital
strategy for the internal market 130
Matthias Zußner
9 Making room for cultural policies within
a market-oriented copyright law: A function-based approach 150
Caterina Sganga
10 Competition law: An efficient tool to ensure the
legitimacy of standard setting in the art market? 177
Oliver Lenaerts
11 Cultural State aid: A myriad of approaches 200
Joris Gruyters and Lennard Michaux
12 Balancing culture, the market, and security: A review of
recent developments including EU-security measures and
their effect on the European arts and art market 223
Anna M. de Jong and Hildegard E.G.S. Schneider
13 EU external trade policy in the digital age: Has culture
been left behind? 243
Mira Burri

PART III REFLECTIONS
14 Law and its discontents: A philosophical constellation of
culture in EU law 269
Arthur Willemse
15 The EU culturally corrected market economy: A tale of
two glories! 278
Sarah Schoenmaekers
Index 298