European Union Economic Law and Culture


European Union Economic Law and Culture

Towards a European Culturally Corrected Market Economy

9781803927121 Edward Elgar Publishing
Edited by Evangelia Psychogiopoulou, Assistant Professor, Department of Political Science and International Relations, University of the Peloponnese and Senior Research Fellow, Hellenic Foundation for European and Foreign Policy, Greece and Sarah Schoenmaekers, Professor or EU Law, Department of International and European Law, Open Universiteit; Associate Professor of EU Law, Department of International and European Law, Maastricht University, the Netherlands and Professor of Construction Law, Faculty of Law, Hasselt University, Belgium.
Publication Date: 2024 ISBN: 978 1 80392 712 1 Extent: 312 pp
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.

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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.
Critical Acclaim
‘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.’
– Rachael Craufurd-Smith, University of Edinburgh, UK

‘This book really fills a gap in EU legal doctrine. Indeed, the crucial importance of culture for European integration has been neglected too long by legal scholars. This innovative look by established experts at the EU''s cultural competence and policies is a must-read for EU legal scholars and policy-makers.’
– Stefaan van der Jeught, Vrije Universiteit, Belgium.

‘This timely volume revisits longstanding questions on the scope of EU competences in the field of culture and provides novel perspectives on the multifaceted ways in which culture intertwines with EU economic law and policy. By interrogating the role of culture as a correcting factor vis-à-vis economic rules, this excellent book makes an important and much-needed contribution to a better understanding of the EU as “cultural market economy”’
– Delia Ferri, Maynooth University, Ireland

‘Like a beautiful mosaic, this book is a meticulous arrangement that taken together portrays the intricate tale of Culture and EU law. It compellingly presents this as a(n unfinished) story of some conflict, some friendship, and some open questions – particularly salient in present times of identity politics.’
– Sacha Garben, College of Europe, Belgium
Contributors include: Mira Burri, Anna M. de Jong, Bruno de Witte, Joris Gruyters, Lilian Richieri Haniana, Andrzej Jakubowski, Tuuli Lähdesmäki, Iris Goldner Lang, Maroje Lang, Oliver Lenaerts, Lennard Michaux, Evangelia Psychogiopoulou, Hildegard E.G.S. Schneider, Sarah Schoenmaekers, Caterina Sganga, Arthur Willemse, Matthias Zußner

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

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

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

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
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