De Europese Unie en de Bescherming van Cultureel Erfgoed in Derde Landen: Juridische en Beleidsmatige Aspecten

The European Union (EU) has set ambitious objectives for the protection and valorisation of cultural heritage, both within its borders and through its external action. However, a fundamental discrepancy exists between the EU's competence in culture—granted under Articles 6 and 167 TFEU—and its expansive policy goals regarding cultural heritage protection in third countries. Culture is designated as a supporting competence, meaning that the EU can only intervene to support, coordinate, or complement Member States' actions. Consequently, the EU lacks independent authority to implement cultural heritage policies abroad unless they are linked to policy areas where the EU has exclusive or shared competences. Article 167(4) TFEU presents a significant mechanism for overcoming these constraints by allowing the integration of cultural heritage considerations into broader EU policies. This provision extends EU engagement beyond the procedural limitations of Article 167(5) TFEU, facilitating a more expansive role for cultural heritage in EU external relations. A key question thus emerges: how can the EU successfully integrate cultural heritage protection in third countries despite its supporting competence in culture? This thesis explores how the EU, pursuant to Article 167(4) TFEU, utilises the accession process as a strategic instrument to protect, safeguard, and promote cultural heritage in third countries, with a specific focus on the Western Balkans and Turkey. Furthermore, the research assesses the EU's capacity to act as a coherent and influential player in global cultural heritage governance, particularly within the United Nations Educational, Scientific and Cultural Organization (UNESCO). While the EU itself does not hold a vote in UNESCO, its Member States participate as sovereign entities, raising the question of whether the EU can ensure policy coherence and avoid fragmented national positions. By examining the EU's external action - in particular through the accession process and through multilateral engagement within UNESCO, this doctoral research evaluates the extent to which the EU can achieve its cultural heritage objectives in its external action while navigating institutional and legal constraints.