IMPORTANT LEGAL NOTICE:
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Regulatory aspects

Over the years, the European Community has pieced together a set of rules which are either directly applicable to the cultural sphere or have a strong impact on it.

Culture, a fundamental Union right
Article 22 of the Charter of Fundamental Rights stipulates that "the Union shall respect cultural, religious and linguistic diversity". Whilst the Charter has no direct legal effect, the same cannot be said for the Treaty, which constitutes the primary source of Community law.

The Treaty of Maastricht, adopted in 1992, brought culture within the Union's sphere of responsibility. Introducing a new "Culture" chapter (Article 151), it also set out the principle whereby the Union should contribute "to education and training of quality and to the flowering of the cultures of the Member States" (Article 3q).
Within this new area of responsibility, the Union will take action only if the objectives envisaged cannot be sufficiently achieved by the Member States (Article 5). Community action is therefore not a substitute for action by the Member States but is designed to supplement it, in order to encourage cultural cooperation.

The "Culture" chapter of the Treaty stipulates also that "the Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and promote the diversity of its cultures" (paragraph 4 of Article 151).

Other sources of Community law
The external agreements concluded by the European Union with third countries or international organisations, which often contain a cultural element, create a link with the Member States and are an integral part of the Community legal order.

There is also substantial Community legislation with implications in the cultural field, particularly in relation to the internal market, competition and international trade. This legislation is clarified and supplemented by the case law of the European Union's Court of Justice and Court of First Instance.

Culture and the internal market
Culture and competition law
Culture and International law

Last update: 03-05-2006