In this article the author argues that the growing interest in the protection of cultural heritage has produced an important corpus juris culturalis that have gradually extended the scope of cultural heritage law but at the same time have posed new challenges for the economic sector. At the International level, the 2005 Framework Convention on the Value of Cultural Heritage for Society has envisaged the contribution of cultural heritage to society, while at the same time advancing the common European identity. Within the EU legal system, culture has increasingly been considered as a strategic factor of economic development. Articles 2(3) of TEU and 167 of TFEU not only provide the legal basis for a strong cooperation with Third States in the cultural sector, but also for the introduction of a 'cultural exception’, according to which EU Member States are now able to grant aid measures and higher amounts of subsidies to “culture and heritage conservation sector”, without having to notify their decision to the European Commission for prior authorisation. The article analyses the rationale for the innovation introduced by the revised General Block Exemption Regulation (GBER) of 2014.
Relaunching the economical activities through the promotion of cultural heritage in Europe: A legal survey
LANCIOTTI, Alessandra
2015
Abstract
In this article the author argues that the growing interest in the protection of cultural heritage has produced an important corpus juris culturalis that have gradually extended the scope of cultural heritage law but at the same time have posed new challenges for the economic sector. At the International level, the 2005 Framework Convention on the Value of Cultural Heritage for Society has envisaged the contribution of cultural heritage to society, while at the same time advancing the common European identity. Within the EU legal system, culture has increasingly been considered as a strategic factor of economic development. Articles 2(3) of TEU and 167 of TFEU not only provide the legal basis for a strong cooperation with Third States in the cultural sector, but also for the introduction of a 'cultural exception’, according to which EU Member States are now able to grant aid measures and higher amounts of subsidies to “culture and heritage conservation sector”, without having to notify their decision to the European Commission for prior authorisation. The article analyses the rationale for the innovation introduced by the revised General Block Exemption Regulation (GBER) of 2014.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
