Taking the increasing importance of the EU in cultural matters as a starting point, this article attempts to assess to what extent the right to participate in cultural life (as defined based on various human rights instruments) is protected under EU law. Second it discusses the impact of EU law and policies on the enjoyment of this right. It highlights that the respect, protection and promotion of the right to participate in cultural life within EU law are obstructed by the asymmetry that exists at the European level and which favors on the one hand, non-political decision-making over political processes, and, on the other hand, negative on positive integration. This asymmetry indeed weakens national cultural policies without allowing space for specific European policies for positive integration. Third, it explores avenues for a better protection of the right to participate in cultural life under EU law.Download the article from SSRN at the link.
August 31, 2015
The Right to Participate in Cultural Life Under EU Law
Céline Romainville, Catholic University of Louvain & National Fund for Scientific Research (FRC-FNRS), has published The Right to Participate in Cultural Life Under 2015 European Union Law at European Journal of Human Rights/Journal Européen des droits de l'homme 145. Here is the abstract.