Chapter 3. Culture, Free Movement and European Courts

Abstract

During the transitional period for establishment of the internal market, Member States were required to withdraw existing and refrain from introducing new restrictive measures. In adjudicating the compatibility of domestic laws and regulations with the European Economic Community (EEC) and European Community (EC) Treaties, the European Court of Justice (ECJ) has dealt with various types of 'culture and internal market' cases. The free movement principles of the EEC Treaty, pertinent to all fields of economic activity, were bound to affect the cultural sector. Attempts to deter application of the free movement provisions to trade in cultural goods were quickly rebuffed. The cultural cross-sectional clause of Article 151(4) EC has so far received little judicial attention. As in the pre-Maastricht context, various lines of reasoning have been adopted, revealing that Article 151(4) EC has failed significantly to guide the Court's evaluations.Keywords:Article 151(4) EC; cultural goods; European Community (EC) Treaties; European Court of Justice (ECJ); European Economic Community (EEC) Treaties; free movement; Member States; pre-Maastricht context