EU: Brussels demands end to free museum ‘discrimination’

Brussels: The European Commission Monday demanded that Portugal remove the “discriminatory rules” that allow residents of the country, and not other visitors, free entry to museums, monuments, and palaces 52 days a year, starting an infringement procedure.

On the day it releases the package of infringement procedures for December, the community executive informed that it had decided to “initiate an infringement procedure, sending a letter of notification to comply with Portugal for non-compliance with the directive on services in the internal market and article 56 of the Treaty on the Functioning of the European Union, which guarantees that recipients of services can access these services in other Member States under the same conditions as nationals”.

Contextualising that Portugal offers free entry to certain museums, monuments and palaces – previously on Sundays and public holidays, since August on 52 days a year of choice -, “but only to residents” in the country, Brussels argues that “these rules discriminate against visitors who reside in other Member States”.

“The Court of Justice of the European Union established, back in 1994, that visiting museums in another Member State is covered by EU rules on the free movement of services. The Court also highlighted the right of tourists from other Member States, as recipients of services, to enjoy these museum services under the same conditions as nationals”, argues the institution.

Today, the European Commission issued a letter of notification giving Portugal two months to “respond and fill the gaps raised by the Commission”, and, in the absence of a satisfactory response, the institution may decide to issue a reasoned opinion.

The directive in question provides for freedom of establishment and free movement of services, while Article 56 of the Treaty on the Functioning of the European Union indicates that restrictions on these rights “shall be prohibited in relation to nationals of Member States established in a State -Member other than that of the recipient of the benefit”.

These rules constitute one of the fundamental freedoms of the EU’s single market, promoting cross-border activities and eliminating discrimination based on nationality and residence, says the community executive.

In August, free entry to museums, monuments and palaces protected by the Portuguese State was no longer restricted to Sundays and holidays and it became possible to choose 52 days a year of free access.

What changed at that time was that Portuguese people and residents of Portugal now had 52 days a year, on any day of the week, to visit the 37 public museums, monuments and palaces free of charge. Until now, free access was only available on Sundays and holidays, under a regime that came into force in September 2023.