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En route to a Practice of European and National "Culture-Related Impact Assessment" (CRIA)?

Legal and administrative proposals by Jörg Michael Schindler

The Council of Europe, due to its 1954 European Cultural Convention and related activities, can reflect upon a long history of assessing impacts of political, legal and socio-economic developments in the sphere of the arts, heritage and media.

Special projects or task forces and, more recently, its "National Cultural Policy Review Programme" (initiated in 1986 along the lines of the OECD Education System Reviews) and the monitoring tool "Compendium of Cultural Policies & Trends in Europe" (since 1998) usually team independent experts with representatives of governments in order to check current policies and practices or develop alternative solutions.

Within the framework of the European Union, such ideas took, and still take, much longer to gain ground: In 1992, the Maastricht Treaty first incorporated into the founding treaties of the EU a so-called "Cultural Awareness Clause" (now anchored again in Art. 167.4 TFEU). This could have been the moment to replace the historically-determined cultural blindness of the EU's institutions by an obligation to take into account cultural facts and problems in its policies and action.

The clause has a protective function and an active dimension. In recent years, the protective function has receded into the background of debates, although it promises more comprehensive, resource-friendly and enduring political and cultural effects. The reason for this is that the practical implementation of the protective function has so far remained an unsolved problem. As such, and in the face of an astonishingly perplexed corpus of administrative and legal theory, the practice of the EU institutions continues to lag far behind both the long-standing and current expectations of European citizens, particularly of those engaged in the cultural sector.

The now widespread practice of "Regulatory Impact Analyses" (OECD) and “Integrated Impact Assessmentsè (EU), which have been developed and refined during the last decades mainly for environmental, economic and social concerns, could turn out to be a remedy to the current ineffectiveness of Art. 167.4 TFEU's protective function. However, since systematic culture-related assessments are still more an exception than a rule on the European, national or local levels, the author has elaborated, in a new study[1], the model of a è˜Culture-Related Impact Assessment' process (CRIA). CRIA is easily justifiable in legal terms and can be described with considerable precision on the basis of existing administrative instruments.

In order to make this model accessible, via the Compendium, to a wider European and international public, the author has summarised its background and main components in an essay, which focuses on European perspectives.

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[1] Jörg Michael Schindler: “Kulturpolitik und Recht 3.0 - Von der Kulturverträglichkeitsprüfung zur kulturbezogenen Folgenabschätzungè (Cultural Policy and Law 3.0 - from 'Cultural Compatibility' en route to Culture-Related Impact Assessment), Köln/Cologne 2011, ISBN 978-3-930395-87-3