European Union Economic Law and Culture

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.

• Contents1 The EU as a cultural market economy: In need of ‘culturalcorrection’? 1Evangelia Psychogiopoulou and Sarah SchoenmaekersPART I EU CULTURAL COMPETENCE2 Legal framework of the EU’s cultural policy 15Bruno De Witte3 The economic logic of cultural Europeanization:Branding, competition and social capital 27Tuuli Lähdesmäki4 Participation in cultural heritage governance in the EU:Foundations, challenges and socio-economic significance 46Andrzej Jakubowski5 The review of the EU’s sustainability reporting system:An opportunity for cultural diversity? 70Lilian Richieri HananiaPART II CULTURE IN EU ECONOMIC LAW AND POLICY6 Culture vs market integration: Unity and diversity in EUinternal market law 88Evangelia Psychogiopoulou7 Free movement, market failure and the protection of culture 109Iris Goldner Lang and Maroje Lang8 The key role of cultural diversity in the EU’s digitalstrategy for the internal market 130Matthias Zußner9 Making room for cultural policies withina market-oriented copyright law: A function-based approach 150Caterina Sganga10 Competition law: An efficient tool to ensure thelegitimacy of standard setting in the art market? 177Oliver Lenaerts11 Cultural State aid: A myriad of approaches 200Joris Gruyters and Lennard Michaux12 Balancing culture, the market, and security: A review ofrecent developments including EU-security measures andtheir effect on the European arts and art market 223Anna M. de Jong and Hildegard E.G.S. Schneider13 EU external trade policy in the digital age: Has culturebeen left behind? 243Mira BurriPART III REFLECTIONS14 Law and its discontents: A philosophical constellation ofculture in EU law 269Arthur Willemse15 The EU culturally corrected market economy: A tale oftwo glories! 278Sarah SchoenmaekersIndex 298

‘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.’