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Between economic regulation and European cultural policy

This book explains how and why the European Union has started to intervene in the cultural policy sector—understood here as the public policies aimed at supporting and regulating the arts and cultural industries. It is a comprehensive account of the Communitarisation process of the cultural policy sector. Before 1992, no legal basis for EU intervention in the field of culture appeared in the Treaties. Member states were, in any case, reluctant to share their competences in a policy sector considered to be an area of national sovereignty. In such circumstances, how was the Communitarisation of the policy sector ever possible? Who were the policy actors that played a role in this process? What were their motives? And why were certain actors more influential than others?

Annabelle Littoz-Monnet

-level cultural policies and the European Commission published its first policy proposals for EU intervention in the field. Concrete policy developments soon followed. The ‘Television Without Frontiers’ Directive (89/552/EEC), which established the principle of free flow for television programmes within the EU, as well as minimal harmonised rules for television programmes, was issued in 1989. In the field of intellectual property, five directives were adopted in the 1980s and 1990s, which harmonise copyright legislation within the EU. Besides the regulatory aspects of EU

in The European Union and culture
Annabelle Littoz-Monnet

2997 The European Union and culture 26/2/07 09:31 Page 37 3 Cultural policy at the heart of tensions between governance levels In 1957, when European states signed the Rome Treaty,1 no mention was made of the cultural sector. By 1992, Article 128 of the Maastricht Treaty (now Article 151)2 created a formal competence for EU intervention in the cultural field. How can this evolution be accounted for? Was it a linear process, which had already begun prior to the reform of the Maastricht Treaty? Or have Treaty reforms been the harbingers for major policy

in The European Union and culture
Ingi Iusmen

highlighting the distinctive accession path pursued by one of the Eastern enlargement ‘backmarkers’ (Papadimitriou and Phinnemore, 2008:34). Section two, on the other hand, examines the wide-ranging scope of EU intervention in Romanian human rights protection. Although some of the policy areas targeted by EU accession conditionality were problematic and sensitive, they were not as visible and prominent as the issue of child protection in Romania, which is examined in depth in Chapter 3. Nevertheless, even these lower level interventions established a precedent for EU action

in Children’s rights, Eastern enlargement and the EU human rights regime
Ingi Iusmen

’s case, was crucial in forging the reform of Romanian child protection. Their role and authority were even more compelling due to the international pressure exerted on Romanian authorities and the EU in relation to the ban on international adoption. The effectiveness of the two entrepreneurs in eliciting radical developments in Romania depended on their partnership, cooperation and firm stance regarding the EU’s approach to the Romanian children’s case as part of EU accession requirements. EU intervention and transformation of child protection The Romanian child

in Children’s rights, Eastern enlargement and the EU human rights regime
Ingi Iusmen

’s import of its own EU-topia in relation to children’s matters is that, for the first time at the EU level, children’s rights have become a standalone area, clearly differentiated from the broader human rights sector. Moreover, these new institutional and policy structures augmented the visibility of EU institutions’, particularly the Commission’s, involvement with children’s rights and determined Member States to cooperate and coordinate their actions and policies in this area. Put differently, the EU-topianization of the EU – conceived here as the outcome of EU

in Children’s rights, Eastern enlargement and the EU human rights regime
Author: Ingi Iusmen

This book offers a timely exploration of the nature and scale of the emergent EU human rights regime by critically examining how and why EU intervention in human rights matters (with a key focus on child protection in Romania) as part of Eastern enlargement, has had feedback effects on the EU’s own institutional and policy structures. By drawing on the human rights conditionality (particularly in relation to children’s rights) as applied to Romania, this book demonstrates that the feedback effects regarding children’s rights have transformed the EU institutions’ role and scope in this policy area both in EU internal and external human rights dimensions. The process-tracing dimension illustrates why policy issues emerge on EU political agenda, which is in line with agenda-setting processes, and why they persist over time, which reflects historical institutionalist accounts. It is also shown that Eastern enlargement has raised the profile of Roma protection, international adoptions, the disabled and mental health at the EU level. The impact of these developments has been further reinforced by the constitutional and legal provisions included in the Lisbon Treaty. It is argued that Eastern enlargement along with the post-Lisbon constitutional changes have generated the emergence of a more robust and well-defined EU human rights regime in terms of its constitutional, legal and institutional clout.

Abstract only
Ingi Iusmen

issue of international adoption. In other words, given the scale and high profile of the EU’s intervention in areas such as child protection, it was deemed that Romania’s case would have repercussions on the EU’s approach to human rights in general. In the same vein, EU intervention in child protection in Romania also produced feedback effects on the current EU enlargement policy, as children’s rights have now become an entrenched and standardized EU accession condition, which signals the continuation of the policy framework developed initially in relation to Romania

in Children’s rights, Eastern enlargement and the EU human rights regime
Abstract only
Annabelle Littoz-Monnet

and audio-visual sectors, where EU intervention could be justified not only with reference to the requirements of the Single Market, but also with regards to world-wide technological changes. Private actors played an important role in the three policy areas examined, but were particularly proactive in the book policy sector, prompting EU institutions’ examination of book trade legislation in the EU. Thus, the Europeanisation of national policies in the book, audio-visual and copyright fields (in the sense that national level policy choices were constrained by EU

in The European Union and culture
The ‘Television Without Frontiers’ Directive
Annabelle Littoz-Monnet

the connections between private actors and EU structures, and the impact of EU intervention on member states’ legislative and policy traditions. Competition between venues Connections between private actors and EU institutions, and the liberalisation strategies of the book market which stemmed from it, challenged member governments’ policies. This phenomenon will be examined in three EU countries: in France (one of the most ‘interventionist’ EU states in the cultural sector), Germany (where a cross-border agreement was in force), and in the UK (one of the most

in The European Union and culture