EU Council Directive Which Sets Up an EU Regional Cultural Fund - Essay Example

EU member states were served by directives to fund fundamental cultural activities at the regional level. A directive to start with provides for a legislative act, but the means to go about it is independent for each member. In other words, the directive did not dictate the activities that the members were to take in funding regional cultural undertakings.

The preliminary reference procedure of the EU Council Directive was characterized by numerous implementing measures. Unlike regulations, the directive was not self-executing. The subject matter of the directive was primarily funding regional cultural events among EU member states. Since the objective was the allocation of funds to regional events that members deemed fundamental, each member state was free to adopt legislative procedures that would lead to the realization of the objective. However, a cultural event that was fundamental to one member would not necessarily be the same to another.

EU law is informed by a legal order that applies to all member states. This means that the application of the directive was binding to all member states. The preliminary reference procedure, however, conferred independent rights for individual members to implement that directive. This directive was still subject to the uniform legal order observed by all EU members. Even in this situation, the preliminary reference procedure of directive implementation accounted for individual member laws, although transposition needed to be undertaken if individual member laws contradicted the provisions of the directive. Cases before this directive includes funding cultural sports and monument protection under the Georgian legislation, promoting cultural festivals of the European community by EACEA, and the six-year program of EU culture running from 2007-2013, 2009 being a critical year before the directive.

State liability arises in the circumstances of the 1st of January, 2009 EU Council Directive about funding fundamental regional cultural events. All EU directives are subject to a specific time frame of implementation. This is designed to enhance the realization of the intended outcome within the desired timeline. The legal system of an individual EU member must comply with directive provisions. As earlier mentioned, transpositions are engaged where such compliance is lacking or inadequate. Member states that fail to honor the directives face sanctions. The 2009 EU Council Directive on funding regional cultural events was not an exception. Any EU state was therefore liable for any misconduct or failure to comply with the directive.