Brussels demands end to free museum 'discrimination'
The dispute centers around Portugal’s decision to grant free museum access only to residents on 52 days of the year.
What?
The European Commission has formally demanded that Portugal end its “discriminatory rules” allowing only residents of the country free entry to state-owned museums, monuments, and palaces for 52 days a year.
The move comes as part of the EU’s monthly package of infringement procedures, and the Commission has launched an infringement procedure against Portugal for breaching EU internal market regulations.
It is worth remembering that the measure came into effect in August as reported by PORTUGAL DECODED.
Details
The Commission’s notification to Portugal, issued on Monday, argues that the country is violating EU laws that guarantee equal access to services for all EU citizens.
Specifically, it cites non-compliance with Directive 2006/123/EC on services in the internal market and Article 56 of the Treaty on the Functioning of the European Union, which ensures that individuals can access services in other member states under the same conditions as nationals.
The dispute centers around Portugal’s decision to grant free museum access only to residents on 52 days of the year, which is an expansion of the previous policy, which only allowed free entry on Sundays and public holidays.
Since August 2023, the new system allows Portuguese citizens and residents to visit 37 public museums, monuments, and palaces for free on any day of their choosing throughout the year.
However, the Commission argues that this policy discriminates against visitors from other EU countries who cannot benefit from the same privileges.
Brussels recalled a 1994 ruling by the Court of Justice of the European Union, which established that visiting museums in another EU member state is covered by EU laws on the free movement of services.
The Court affirmed that tourists from other member states have the right to enjoy these services under the same conditions as nationals.
Next Steps
As part of its infringement procedure, the European Commission has given Portugal two months to address the issues raised in the notification. If the country fails to respond satisfactorily, the Commission may issue a reasoned opinion, which could lead to further legal action.
Although the infringement pertains to the policy that was introduced under the previous Socialist government, the current Government, led by the centre-right PSD-CDS coalition, could face similar scrutiny.
The new system, proposed by the independent Minister of Culture, Dalila Rodrigues, is based on the same controversial criterion: residence.
The European Commission has stressed that the rules governing the free movement of services are one of the EU’s fundamental freedoms, aimed at eliminating discrimination based on nationality or residence and promoting cross-border activities within the single market.
The new free entry policy, which aims to make cultural heritage more accessible to the Portuguese population, has been defended by Minister Rodrigues as a way to facilitate greater access to museums and monuments. However, the European Commission’s ruling suggests that the policy still fails to comply with EU law, despite the adjustments made in 2023.
The Ministry of Culture has yet to respond to the notification from Brussels, and the issue continues to unfold.