Culture And European Union Law

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ISBN: 9780199275472 | 0199275475
Cover: Paperback
Copyright: 12/30/2004

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This book explores the relationship between European Union law, culture, and identity. It illustrates how cultual issues permeate all aspects of Community law; shaping the development of policies in areas as diverse as internal and external trade, education, sport, language use, and the mass media.

List of Contributors

xvii

Tables of Cases

xix

Tables of EC/EU Treaty Provisions

xxxv

Tables of EC Legislative Instruments

xxxvii

Tables of Other International Instruments

Title XII of the European Community Treaty

xliii

1. Introduction

by Rachael Craufurd Smith

(18)

Part I: The Development of Cultural Policy by the European Community

2. Community Intervention in the Cultural Field: Continuity or Change?

(62)

by Rachael Craufurd Smith

1. Community intervention in the cultural domain: rhetoric and reality

(8)

2. The accommodation of cultural concerns in European Community law prior to the Treaty on European Union: a hidden cultural agenda?

(1)

(a) Culture and the Court of Justice

(1)

(b) Culture and the Community legislature

(1)

(d) Conclusion

(2)

3. Was Article 151 intended merely to constrain Community action in the cultural field?

(4)

4. Article 151: a new agenda for Community action in the cultural field?

(15)

5. Concluding observations

(1)

(a) What priorities should the Community have in the cultural field?

(1)

(b) What are the implications of subsidiarity for Community cultural action?

(1)

(c) How to ensure adequate participation in the formulation, agreement, and implementation of Community cultural programmes

(1)

(d) Conclusion

(3)

Part II: Trading Cultures: Culture and Commerce in the European Union

3. Labels, Locals, and the Free Movement of Goods

(32)

by Niamh Nic Shuibhne

1. Introduction

(2)

2. Labels and locals: outlining the EC protection regime

(1)

(a) Community rules on product labelling: ECJ jurisprudence and Directive 2000/13

(1)

(b) Labelling and language: easily understood?

(1)

(d) Conclusion: goods 'versus' culture

(1)

3. Making exceptions: the justification hierarchy

(1)

(a) Justification and Article 28 EC: the sliding scale

(1)

(b) Article 30 EC: an emerging erosion

101

(1)

106

(5)

4. Conclusion: a place for culture and culture in its place?

111

(2)

4. Sport as Culture in EC Law

113

(40)

by Stephen Weatherill

1. Introduction

113

(2)

2. Concessions made to the distinctive nature of sporting competition

115

(3)

3. Benefits claimed because of the distinctive nature of sporting competition: the player transfer system

118

(1)

(a) The transfer system before and after Bosnian

119

(1)

(b) The 2001 agreement on the transfer system

121

(1)

123

(3)

4. Benefits claimed because of the distinctive nature of sporting competition: collective selling of rights to broadcast matches

126

(1)

(a) Collective selling-the problems

126

(1)

(b) Collective selling-law and practice before Champions League

129

(1)

(104)

5. Burdens imposed because of the distinctive nature of sporting competition: 'protected' or 'listed' events

136

(1)

(a) 'Listed events' under the 'Television Without Frontiers' Directive

136

(1)

(b) Interpreting the Directive

140

(1)

143

(3)

6. Is there a broader cultural context?

146

(5)

7. Conclusion

151

(2)

5. The Gardener and other Stories: the Peregrinations of Cultural Artefacts within the European Union

153

(16)

by Andrea Biondi

1. The Gardener's curse

153

(2)

2. The Community and the free circulation of works of art

155

(2)

3. The content of the two measures

157

(1)

(a) Regulation No 3911/92 on export to third countries

157

(1)

(b) Regulation No 3911/92 on export to third countries: an assessment

157

(1)

158

(1)

(d) Directive 93/7: an assessment

159

(1)

(e) Public v private law issues

161

(1)

(f) Judicial enforcement and other alternative dispute resolution methods

163

(2)

4. Conclusions

165

(4)

Part III: Communicating Culture in the European Union: The Media, Language, and Education

6. European Community Law and the Cultural Aspects of Television

169

(36)

by Joshua Holmes

1. Introduction

169

(2)

2. Television, culture, and policy

171

(1)

(a) Television regulation as cultural policy

171

(1)

(b) The public broadcasters

174

(1)

176

(1)

(d) Other policies towards cultural production

177

(1)

(e) The development of policies towards cultural policy

178

(1)

3. EC law and the regulation of television

179

(1)

(a) The application of the EC Treaty rules

179

(1)

(b) EC legislation in the audio-visual sphere-the-Television Without Frontiers Directive

192

(1)

197

(1)

4. Conclusion-towards a Community cultural policy for television?

198

(7)

7. Language Law of the European Union: Protecting or Eroding Linguistic Diversity?

205

(38)

by Bruno de Witte

1. Introduction

205

(5)

2. The legal regulation of linguistic diversity in contemporary Europe

210

(1)

(a) A comparative view of the major trends of language law in European countries

210

(1)

(b) An emerging European minimum standard: the Council of Europe instruments

214

(1)

218

(1)

3. The multilingual European institutions: the doctrine of equality and its practical accommodation

219

(5)

4. The use of languages in the public sector: Member State autonomy and equal treatment of European citizens

224

(5)

5. The use of languages in the private sector: Member State autonomy and the linguistic freedom of economic actors

229

(5)

6. A complementary competence for the EU to protect and promote linguistic diversity

234

(1)

(a) Language policy competences of the EC

234

(1)

(b) A hesitant minority languages policy

236

(4)

7. Conclusion

240

(3)

8. Reflections on Education and Culture in EC Law

243

(34)

by Julian Lonbay

1. Introduction

243

(1)

2. Competence

244

(2)

3. Education, culture, and citizenship

246

(3)

4. Funding and soft law approaches

249

(2)

5. The aims of the Sorbonne Bologna process

251

(5)

6. The free movement of educational actors

256

(2)

7. Transnational education

258

(2)

8. Individual rights for educational actors

260

(1)

9. Indirect impact through the educational requirements of regulated professions

261

(9)

10. Academic recognition

270

(1)

11. Conclusions

271

(6)

Part IV: Culture, Identity, and European Integration

9. Article 151 EC and European Identity

277

(22)

by Rachael Craufurd Smith

1. Introduction

277

(6)

2. Article 151 as the basis for promoting a European identity

283

(1)

(a) Bringing the common cultural heritage to the fore: Article 151(1)

283

(1)

(b) Improvement of the knowledge of the culture and history of the European peoples: Article 151(2)

286

(1)

292

(1)

(d) Conserving cultural heritage of European significance: Article 15 1(2)

293

(1)

3. Conclusion

294

(5)

10. Long-term Resident Third Country Nationals in the European Union: Institutional Legacies and Evolving Norms

299

(1)

by Theodora Kostakopoulou

1. Introduction

299

(4)

2. Contending liberal and intergovernmental visions of integration at the Community level

303

(6)

3. The Tampere discourse

309

(4)

4. The Commission's Communication on a Community Immigration Policy: a paradigm shift?

313

(2)

5. The Nice Settlement and the 'civic citizenship' approach

315

(2)

6. Revisiting the status of long-term resident third country nationals: the Commission's proposed Directive

317

(5)

7. Conclusion

322

(5)

Part V: Culture and the European Union's External Relations: Trade and Aid

11. Preserving and Promoting Differences? The External Dimension of Cultural Cooperation

327

(26)

by Joseph A. McMahon

1. Introduction

327

(3)

2. Cooperation Agreements

330

(1)

(a) The Lomé and Cotonou Agreements

330

(1)

(b) Europe

333

(1)

336

(1)

(d) Latin America and Asia

340

(1)

(e) An evaluation

342

(1)

3. Globalization

343

(1)

(a) Audio-visual services

343

(1)

(b) Agriculture

347

(3)

4. Conclusions

350

(3)

12. From Regional to Global Freedom of Trade in Audio-visual Goods and Services? A Comparison of the Impact on the Audio-visual Sector of the Preferential Trade Zones Established by the European Communities and the World Trade Organization

353

(32)

by Olaf Weber

1. Potential synergies and conflicts between free trade and culture

353

(4)

2. The EC framework for the audio-visual sector

357

(1)

(a) Free movement of goods in the EC

357

(1)

(b) The freedom to provide services

363

(1)

364

(1)

(d) Specific Treaty provisions concerning culture

364

(1)

(e) Harmonization: the 'Television Without Frontiers' Directive

365

(1)

(f) The audio-visual sector and other aspects of EC law

367

(1)

(g) Summary EC

368

(1)

3. The WTO

369

(1)

(a) The WTO's goods regime: GATT

369

(1)

(b) GAFS

375

(1)

377

(1)

(d) Subsidies and other questions

378

(1)

(e) Summary WTO

379

(1)

4. Conclusions: the impact of GATT/WTO and the EC on the audio-visual sector

379

(6)

Part VI: Concluding Observations

13. Culture and EU Law: The Exploration of an Interface

385

(22)

by Paul Kearns

1. Introduction

385

(2)

2. General perspectives on culture and EU law

387

(4)

3. Autopoiesis, culture, and EU law

391

(3)

4. Culture and EU case law

394

(6)

5. Culture-related paradigms in EU law

400

(4)

6. Conclusions

404

(3)

Index

407

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Culture And European Union Law

Summary

Author Biography

Table of Contents

Supplemental Materials