Why we need European cultural policies: the impact of EU ...

European Court of Justice, which extended to the audio-visual sector, namely radio, television andcinema. (Pauwels 2003, Ellmeier in Ellmeier and Rasky [1998], Perus˘ko 1999).29This is why it is important to stress that besides the European Commission, the EuropeanParliament and the national governments, mainly through ministers of culture and the Councilof Ministers of Culture, the role of the European Court of Justice was equally important in theestablishment and interpretation of the European cultural policy.In 1992, Article 128 in the Maastricht Treaty – later to become Article 151 in the Treaty ofAmsterdam, the first Article explicitly relating to culture. (See Annex 2 for the wording of Article 151).The Article calls for:■ contributions to the flowering of the cultures of the member states and respectfor diversity■ encouragement of cooperation■ support and supplementing of actions of member states■ fostering cooperation with third countries.The Article also stipulated that the Community should take cultural aspects into account in allits actions under other provisions of the Treaty and that all decisions about culture should beadopted unanimously. This is also the only Article of the Treaty that made specific reference to theaudio-visual sector, thus confirming it as an integral part of cultural policy.Conclusions adopted by the Council of Ministers of Culture in November 1992,30 representedthe first authentic interpretation of the inclusion of this Article in the Treaty and include a referenceto the Commission’s communication on New prospects for community cultural action. In 1996,the Commission published the first report 31 about the cultural aspects of Community activities.Numerous papers and studies 32 after 1992 included analysis and reflections on the importanceof the inclusion of Article 128 in the Maastricht Treaty. Cultural communities, European culturalnetworks and professional organizations supported the inclusion of this Article and, generallyspeaking, were in favour of the new developments. It was anticipated that it would strengthen therole of culture and contribute to fostering of cultural cooperation without undermining the principleof having culture excluded from harmonization.Ellmeier analyzed the inclusion of Article 128 in the Maastricht Treaty in the context of complexconnections between theoretical debates on the definition and the role of culture, which weremostly taking place within UNESCO and the Council of Europe, and a need to adjust thosedebates to the new realities of more intense trade in cultural goods and services and the growingimportance of this sector in the so-called `new’ economy 33 (Ellmeier, in Ellmeier andRasky 1998).A brief history of cultural policy-making in the European Community33