Culture and the EU Internal Market
Understanding how internal market works in the EU is of high importance for everyone in the cultural scene. The purpose of the internal market is to make economic operators (companies, workers, public entities) in the different Member States subject to identical legislation throughout the EU. The legislation concerning the single market takes into account the cultural aspects, making provision for their specific nature where appropriate. The free movement of workers and of goods and services, taxation, copyright and related rights and competition policy are all part of the development of the European Union's cultural policy.
Freedom of movement for professionals in
the cultural sector, freedom of establishment,
free movement of goods and services within the
European Union
An important aspect of the free movement principle
is the possibility it gives all European citizens
to seek or engage in an employed or self-employed
activity in a European Union Member State other
than their country of origin1. Goods
must in principle be able to circulate freely
from one Member State to another. The principles
of freedom of movement for workers, freedom
of establishment, freedom to provide services
and free movement of goods work entirely in
favour of professionals in the cultural sector.
- Goods: Cultural goods may move freely, subject to certain restrictions on import, export or transit to protect national treasures with artistic, historic or archaeological value Article 30 of the Treaty. To facilitate export controls and protect cultural goods, there are special export arrangements for national treasures. Provision has also been made to facilitate the return of cultural goods which have left the territory of a Member State.
- Workers: There are regulations assisting the workers and their families. Workers have the right to pursue an activity in another Member State and may not be treated less favourably than nationals of that Member State in terms of remuneration, tax benefits or trade union rights. Keeping families together is also made easier through application of the principle of equal treatment with nationals in the country concerned (access to education, possibility of seeking work, etc.). Provision is made to facilitate access for workers and services to Member States which are not their country of origin. Where a service is provided across national borders, the situation of workers residing temporarily in another Member State is also covered. There are also regulations governing the right of residence and right to work of foreign nationals in the European Union.
- Education: Recognition of diplomas in the various Member States provides the basis for a system of equivalence between diplomas and vocational qualifications. Alongside a general system for the mutual recognition of certificates and diplomas attesting to the completion of longer or shorter education courses, certain craft, trade and service diplomas or activities and vocational qualifications, there is specific provision for the mutual recognition of diplomas and other qualifications in architecture and for facilitating the establishment and provision of services in this field.
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Freedom of movement for workers (Articles
39 ff of the Treaty) prohibits all discrimination
based on nationality as regards employment,
remuneration and working conditions. Freedom
of establishment (Articles
43 ff of the Treaty), which means the right
to establish an economic activity in a Member
State other than that of residence; and the
free movement of services (Articles
49 ff of the Treaty), which means the right
to provide a service in another Member State
without being permanently established there,
may not be restricted. Employment in the public
services is subject to special provisions. The
free movement of goods (Articles
23 ff of the Treaty) within the European
Union means the removal of obstacles (customs
duties, taxes and trade restrictions) to the
circulation of goods. These freedoms may be
restricted if they pose a threat to public security,
public order or public health. Legislation based
on the above has been adopted by the European
Union, principally concerning the free movement
of workers and their families, social security
regulations, recognition of diplomas and the
movement of goods.
*Source: SCADPlus: Culture
