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.

Contents

1 The EU as a cultural market economy: In need of ‘cultural
correction’? 1
Evangelia Psychogiopoulou and Sarah Schoenmaekers

PART I EU CULTURAL COMPETENCE
2 Legal framework of the EU’s cultural policy 15
Bruno De Witte
3 The economic logic of cultural Europeanization:
Branding, competition and social capital 27
Tuuli Lähdesmäki
4 Participation in cultural heritage governance in the EU:
Foundations, challenges and socio-economic significance 46
Andrzej Jakubowski
5 The review of the EU’s sustainability reporting system:
An opportunity for cultural diversity? 70
Lilian Richieri Hanania

PART II CULTURE IN EU ECONOMIC LAW AND POLICY
6 Culture vs market integration: Unity and diversity in EU
internal market law 88
Evangelia Psychogiopoulou
7 Free movement, market failure and the protection of culture 109
Iris Goldner Lang and Maroje Lang
8 The key role of cultural diversity in the EU’s digital
strategy for the internal market 130
Matthias Zußner
9 Making room for cultural policies within
a market-oriented copyright law: A function-based approach 150
Caterina Sganga
10 Competition law: An efficient tool to ensure the
legitimacy of standard setting in the art market? 177
Oliver Lenaerts
11 Cultural State aid: A myriad of approaches 200
Joris Gruyters and Lennard Michaux
12 Balancing culture, the market, and security: A review of
recent developments including EU-security measures and
their effect on the European arts and art market 223
Anna M. de Jong and Hildegard E.G.S. Schneider
13 EU external trade policy in the digital age: Has culture
been left behind? 243
Mira Burri

PART III REFLECTIONS
14 Law and its discontents: A philosophical constellation of
culture in EU law 269
Arthur Willemse
15 The EU culturally corrected market economy: A tale of
two glories! 278
Sarah Schoenmaekers
Index 298