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Understanding how internal market works
in the EU is of high importance for everyone
in the cultural scene. The purpose of the internal
market is to make economic operators (companies,
workers, public entities) in the different Member
States subject to identical legislation throughout
the EU. The legislation concerning the single
market takes into account the cultural aspects,
making provision for their specific nature where
appropriate. The free movement of workers and
of goods and services, taxation, copyright and
related rights and competition policy are all
part of the development of the European Union's
cultural policy.
Freedom of movement for professionals in
the cultural sector, freedom of establishment,
free movement of goods and services within the
European Union
An important aspect of the free movement principle
is the possibility it gives all European citizens
to seek or engage in an employed or self-employed
activity in a European Union Member State other
than their country of origin1. Goods
must in principle be able to circulate freely
from one Member State to another. The principles
of freedom of movement for workers, freedom
of establishment, freedom to provide services
and free movement of goods work entirely in
favour of professionals in the cultural sector.
- Goods: Cultural goods
may move freely, subject to certain restrictions
on import, export or transit to protect national
treasures with artistic, historic or archaeological
value Article
30 of the Treaty. To facilitate export
controls and protect cultural goods, there
are special export
arrangements for national treasures. Provision
has also been made to facilitate the return
of cultural goods which have left the
territory of a Member State.
- Workers: There are regulations
assisting the workers and their families.
Workers have the right to pursue an activity
in another Member State and may not be treated
less favourably than nationals of that Member
State in terms of remuneration, tax benefits
or trade union rights. Keeping families together
is also made easier through application of
the principle of equal treatment with nationals
in the country concerned (access to education,
possibility of seeking work, etc.). Provision
is made to facilitate access for workers
and services
to Member States which are not their country
of origin. Where a service is provided across
national borders, the situation of workers
residing
temporarily in another Member State is
also covered. There are also regulations governing
the right of residence and right to work of
foreign nationals in the European Union.
- Education:
Recognition of diplomas in the various Member
States provides the basis for a system of
equivalence between diplomas and vocational
qualifications. Alongside a general system
for the mutual recognition of certificates
and diplomas attesting to the completion
of longer or shorter education courses, certain
craft, trade and service diplomas or activities
and vocational qualifications, there is specific
provision for the mutual recognition of diplomas
and other qualifications in architecture and
for facilitating the establishment and provision
of services in this field.
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Freedom of movement for workers (Articles
39 ff of the Treaty) prohibits all discrimination
based on nationality as regards employment,
remuneration and working conditions. Freedom
of establishment (Articles
43 ff of the Treaty), which means the right
to establish an economic activity in a Member
State other than that of residence; and the
free movement of services (Articles
49 ff of the Treaty), which means the right
to provide a service in another Member State
without being permanently established there,
may not be restricted. Employment in the public
services is subject to special provisions. The
free movement of goods (Articles
23 ff of the Treaty) within the European
Union means the removal of obstacles (customs
duties, taxes and trade restrictions) to the
circulation of goods. These freedoms may be
restricted if they pose a threat to public security,
public order or public health. Legislation based
on the above has been adopted by the European
Union, principally concerning the free movement
of workers and their families, social security
regulations, recognition of diplomas and the
movement of goods.
*Source:
SCADPlus:
Culture
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