The term culture is ambiguous and doesn’t have a legal definition. It refers to the use of cultural goods, access to cultural goods and the notion of cultural goods as the source of the identity of the people. The issue of the right to culture is defined by the preamble to the Constitution and it’s Articles 5, 6, and 35. The European Communities, later the European Union, for a long time did not pay attention to the protection of European cultural heritage, as well as to issues of cultural policy, leaving the area more or less consciously the Council of Europe. The cultural policy of the European Union treats the ambiguous term “culture” as an area that belongs to the sphere of national sovereignty. Undefined terms from the area of culture, such as the European cultural space, a common cultural heritage, etc. appear in the documents of the European Union. Only paragraph 151 of the Treaty establishing the European Community the Treaty, currently paragraph 167 of the Treaty on the functioning of the European Union is more specifically devoted to the issue of culture and more closely to the issue of heritage.