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Cultural Mainstreaming: an Appraisal

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Chapter Summary

The fact that cultural concerns attracted attention in judicial and legislative practice prior to entry into force of the Maastricht Treaty 'queered the pitch' for cultural mainstreaming post-adoption of the new Treaty article. Article 151(4) EC is a quasi-dormant clause, most often used rhetorically, which has still to realise its potential. This chapter investigates the integration of cultural considerations in harmonising legislation enacted on the basis of the internal market provisions of the EC Treaty. It considers the accommodation of cultural concerns in Commission decisions adopted in accordance with the EC competition rules. Exploring EC cultural mainstreaming in internal market legislation and competition law and policy, it becomes clear that the primary goals pursued in these policy fields are not altered to embrace cultural objectives. Internal market legislation has occasionally pursued cultural, alongside noncultural, policy goals.

Keywords:Article 151(4) EC; cultural considerations; cultural mainstreaming; Maastricht Treaty; new Treaty article



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