Cultural Mainstreaming: The European Union's Horizontal Cultural Diversity Agenda and its Evolution

This article explores how the European Union has been confronted with cultural mainstreaming, that is the integration of cultural considerations in EU law and policies pursuant to art.167(4) TFEU. The analysis addresses the nature and scope of the cultural mainstreaming requirements imposed on the Union, enquiring, inter alia, into the interpretation of art. 167(4) TFEU by the EU Courts. It subsequently probes the degree of attention afforded to art. 167(4) TFEU by the European institutions, revealing two distinct phases in the accommodation of cultural concerns in EU activity. The first phase, inaugurated with the signature of the Treaty establishing the European Community, is characterised by the absence of a comprehensive strategy devised to ensure that respect for and promotion of cultural diversity is incorporated as a horizontal policy concern in EU activity. The second phase, starting in May 2005 with the adoption of the European Commission's Communication "A European agenda for culture in a globalizing world" and the entry into force of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention on the protection and promotion of the diversity of cultural expressions, signals the launch of more structured EU cultural mainstreaming efforts. As will be shown, these denote varied understandings of the significance of cultural diversity for the European Union.