My research focused on the ethical and legal aspects to safeguard Artists and to ensure the improvement of their social and legal status and provides an overview of the legislation recognising the artist's status in the EU.
The cultural and creative sector (ccs) is an essential tool to combat all forms of discrimination and prejudice and legal intervention can be valuable to counter restrictions on artistic freedom, the risk of which increases with the rise of nationalism. On the other hand, however, the law cannot order the work of artists: limits can only be placed on art when the right to freedom of expression may infringe another right.
The research set itself the objective of reconstructing the legal framework also by analysing the legislation of the countries in a comparative perspective where the activity of artists and cultural professionals is located (especially Italian and French legislation), considering the value of artistic freedom and freedom of expression.
The research analysed the EU policy to support cultural and creative operators to operate transnationally and internationally considering the European capacity to promote the transnational circulation of cultural and creative works and the transnational mobility of cultural and creative operators. For this reason, the need to protect work in the creative sector within the European framework is considered, including through the coordination of social security rules and the harmonisation of taxation rules, to finally support the transnational circulation of works and the transnational mobility of professionals.