Cultural services and constitutional purposes (italy and the eu)

Art. 9 of the 1948 Italian Constitution states that the Republic has to keep to the duty of promotion of culture (mere freedom), which does not include education (genuine social right): only the latter must be satisfied by public powers through an offer within the essential service levels; as to the former, there is no similar obligation. Although cultural interventions are undertaken at the public powers' discretion, an active political action should be desirable also for the positive impact the offer of cultural services would have on both economy and employment. The Welfare State is therefore not totally extraneous. The EU legal system is based on Art. 151 Lisbon Treaty. Culture belongs to the Member States, unless it deals with transnational or international financial programmes whose objectives can be better achieved at the Union level in accordance with the principles of subsidiarity and proportionality as set out in Art. 5 Lisbon Treaty.