Abstract
The chapter summarizes the research study. On the basis of the analysis conducted in the current study, it transpires that there exists a catalogue of cultural rights of third-country nationals in the legal system of the European Union. The catalogue of the cultural rights of third-country nationals in the legal system of the European Union has been formulated on the grounds of the existing norms of primary law, secondary law as well as the case-law of the Court of Justice of the European Union (CJEU) and the jurisprudential standards of the European Court of Human Rights (ECtHR) in the cases relating to foreign nationals or persons belonging to non-European cultural circles. The chapter summarizes the basic features of the catalogue, the limits of exercising cultural rights by third-country nationals, the essence of and significance of integrative cultural responsibilities and the concept of the right to protection against the culture of the country of origin.
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Notes
- 1.
The fact which is especially important for the adopted catalogue of cultural rights of third-country nationals is that in the doctrine of fundamental rights of the European Union it is accepted that the Union is to protect the fundamental rights at the level no less than the one laid down by the ECtHR. Thus, the Convention and the convention acquis, consisting of the Strasbourg case-law, set a minimum level of a person’s protection, in this respect in the area of the rights of a cultural character.
- 2.
Human rights in culturally diverse societies. Guidelines adopted by the Committee of Ministers and Compilation of Council of Europe standards, Council of Europe 2016, 12. The publication is available at https://rm.coe.int/16806665fd. Accessed 12.09.2017.
- 3.
Council of the European Union, Conclusions, press release, 2618th Council Meeting Justice and Home Affairs, Brussels, November 19, 2004.
- 4.
E. Morawska, “Konstrukcja normatywna praw podstawowych Unii Europejskiej w Karcie praw podstawowych Unii Europejskiej,” in: Prawa podstawowe w prawie i praktyce Unii Europejskiej, eds. C. Mik, K. Gałka (Toruń, 2009), 44.
- 5.
H. Izdebski, “Rola i miejsce Karty Praw Podstawowych w Unii Europejskiej w europejskiej filozofii praw człowieka,” in: 5 lat Karty Praw Podstawowych UE, ed. A. Gubrynowicz (Warszawa, 2006), 19.
- 6.
As has been emphasized in the study, as regard to the terminology, it seems that the term “protection against the culture of the country of origin” in a more substantial way refers to the substance of the protection. For the sake of clarity, however, it should be added here that it is usually the elements of a given culture that are of an oppressive nature, and not the culture understood en masse, with all its manifestations.
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Kosińska, A.M. (2019). Conclusion. In: Cultural Rights of Third-Country Nationals in EU Law. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-30154-5_7
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DOI: https://doi.org/10.1007/978-3-030-30154-5_7
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