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Mercato interno e politiche culturali nazionali

La difficile ricerca di un equilibrio nel processo di auto-costituzione dell’ordinamento interindividuale comunitario 

Bernardo Cortese    Università degli Studi di Padova    



The article addresses the interaction between internal market rules, and in particular the free circulation of goods, on one side, and the national cultural policies of Member States, on the other side. The goal is to show how the EC/EU interindividual legal system tends to extend its realm in areas of the law that would appear, at first sight, to be excluded from its scope of applica- tion. Culture is a good example thereof. While this might happen, in a number of areas of cultural action, without impinging upon the sovereignties of its Member States, some cases where this extension has the potential of restricting the capability of Member States to pursue their cultural policy aims are addressed. First, the abolition of physical controls on goods crossing internal borders is scrutinized, together with the legislation adopted to ensure that goods pertaining to national cultural heritage, which are unlawfully removed from the territory of one Member State, be given back to it. Second, the reach of the prohibition of measures equal to quantitative restric- tions in the field of book prices’ policies is taken into account. 


Keywords: Quantitative re- strictionsInternal market rulesFree circulation of goodsCultural policies

Copyright: © 2015 Bernardo Cortese. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.