Part 2<strong>European</strong> Union,culture and<strong>cultural</strong> policy:<strong>the</strong> <strong>impact</strong> <strong>of</strong><strong>EU</strong> enlargement28 Part 2 <strong>European</strong> Union, culture and <strong>cultural</strong> policy: <strong>the</strong> <strong>impact</strong> <strong>of</strong> <strong>EU</strong> enlargement
<strong>European</strong> Union policytowards cultureIt is very difficult, if not impossible, to describe <strong>the</strong> policy <strong>of</strong> <strong>the</strong> <strong>European</strong> Union towards culture.Some authors, taking a lead from <strong>the</strong> dominance <strong>of</strong> <strong>the</strong> subsidiarity principle in matters <strong>of</strong> <strong>EU</strong><strong>cultural</strong> policy, maintain that <strong>the</strong>re is no such policy. There are o<strong>the</strong>rs who have recognized thateven though this policy is not explicitly formulated, it exists and has a significant <strong>impact</strong> on<strong>EU</strong> member countries.Commentaries on <strong>the</strong> <strong>EU</strong> and culture have defined `culture’ differently. Within <strong>the</strong> field <strong>of</strong> culture,Niedobitek included education, science and <strong>the</strong> <strong>cultural</strong> sector in <strong>the</strong> narrow sense (Niedobitek1997). According to Niedobitek, <strong>the</strong> <strong>cultural</strong> sector in <strong>the</strong> narrow sense included, among o<strong>the</strong>rthings, legislation on <strong>the</strong> free movement <strong>of</strong> goods and services in <strong>the</strong> <strong>cultural</strong> sector, authors’rights and copyright, as <strong>we</strong>ll as legal instruments related to <strong>the</strong> audio-visual sector and media.Niedobitek justified his choice <strong>of</strong> scope <strong>of</strong> <strong>the</strong> <strong>cultural</strong> field by arguing that it is not possible tobase a study that deals with public administration, and especially legal aspects, on anything butwider definition <strong>of</strong> culture. Instead, it is better to stick to <strong>the</strong> concepts enshrined in <strong>the</strong> Germanlegal tradition, which defines culture as encompassing education, science and arts. Such adescriptive concept <strong>of</strong> culture has many advantages because it is legally applicable, and becauseit is close to what would be included in <strong>the</strong> field <strong>of</strong> culture in a common understanding <strong>of</strong> this term(Niedobitek ibid).21O<strong>the</strong>r authors, seeking to define <strong>the</strong> <strong>cultural</strong> field relevant for <strong>the</strong> <strong>European</strong> Union, such asSmiers – in his study about <strong>the</strong> article 151 <strong>of</strong> <strong>the</strong> Amsterdam Treaty – limited <strong>the</strong>ir interest to artsand <strong>cultural</strong> industries (Smiers 2002a).It is interesting that in <strong>the</strong> division <strong>of</strong> <strong>EU</strong> <strong>policies</strong> at an administrative level, <strong>the</strong>re has always beena distinction bet<strong>we</strong>en <strong>cultural</strong> and media/audio-visual policy, even though in most member statesboth are considered to be equally important elements <strong>of</strong> <strong>cultural</strong> <strong>policies</strong> and that, in a majority <strong>of</strong>states, both come under <strong>the</strong> aegis <strong>of</strong> <strong>the</strong> ministry <strong>of</strong> culture.This distinction results from <strong>the</strong> <strong>European</strong> Union having identified <strong>the</strong> audio-visual sector, relativelyearly on, as one where <strong>the</strong>re is a <strong>need</strong> for common policy; whereas <strong>the</strong> field <strong>of</strong> culture – in <strong>the</strong><strong>European</strong> Union policy towards culture29
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- Page 6 and 7: Prologue When I decided to research
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14 When deciding on the methodology
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30 OJ C 336, 19/12/1992.31 1st Repo
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45 After the signing and entry into
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65 See Annex 1 for a copy of theque
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81 32001G0731(01) Council Resolutio
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culture, which needs to be exempt f
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Aubry P, (2000)The `Television with
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Draus F, (2001)`Est-Ouest, le dit e
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Futo P, Cuculić J, et al (2002)Met
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Laher L, (2001)Trapped in the notio
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Puchala D J, (1971)`Of blind men, e
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Weidenfeld W, Wessels W, (1997)Euro
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2. In your opinion, have the cultur
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13. Have there been any changes in
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Annex 3List of CPRA jury membersMil
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Political Economy Cultural Economic
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Annex 4GlossaryAcquis communautaire
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Cultural marketsA term used to desc
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Third countriesEU documents sometim
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Author: Nina ObuljenEditor: Janet H