The cultural mainstreaming clause of article 151(4) EC: protection and promotion of cultural diversity or hidden cultural agenda?

Abstract

The purpose of this article is to examine the cultural competences attributed to the Community, placing particular emphasis upon the cultural powers conferred by paragraph 4 of Article 151 EC, which entrusts the European institutions with the task of taking cultural aspects into account in their action under the various provisions of the EC Treaty, in order to respect and to promote cultural diversity. The cultural cross-sectional clause of Article 151 (4) EC, by calling for a reshaping of EC decision-making in other policy areas, which have to give due consideration to the impact they might have on cultural matters, enables the attainment of cultural objectives under EC headings other than Article 151 EC. In an attempt to inquire into this less-widely discussed facet of EC cultural action, the analysis highlights the principal characteristics of Article 151 (4) EC and explores the influence it has exerted on both judicial and legislative Community practice.