2015Santander Art and Culture Law ReviewRequires access

Dyrektywa 93/7/EWG z perspektywy dwóch dekad funkcjonowania

Piotr Stec

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Abstract

Directive 93/7/EEC created a legal framework for the return of cultural goods illegally removed from the territory of a Member State. The procedure for the return of cultural goods proved to be ineffective for numerous reasons, including a very narrow definition of a cultural good, flawed instruments of administrative cooperation, or risky court proceedings connected with the indemnification of the possessor. Directive 2015/60/EU is a new step towards the creation of an effective European system of return of cultural goods. Pursuant to the new directive each Member State can now define which cultural goods constitute national treasures. The directive has also provided for the creation of new, electronic means of fostering administrative cooperation, while court proceedings have been amended to minimize the aforementioned legal risks. Thus, once the new directive has been implemented by Member States, the result may be a greater number of returns of illegally exported cultural goods, based on adherence to its provisions.

About this research paper

What this paper is about

Directive 93/7/EEC created a legal framework for the return of cultural goods illegally removed from the territory of a Member State. The procedure for the return of cultural goods proved to be ineffective for numerous reasons, including a very narrow definition of a cultural good, flawed instruments of administrative cooperation, or risky court proceedings connected with the indemnification of the possessor. Directive 2015/60/EU is a new step towards the creation of an effective European system of return of cultural goods. Pursuant to the new directive each Member State can now define which cultural goods constitute national treasures. The directive has also provided for the creation of new, electronic means of fostering administrative cooperation, while court proceedings have been amended to minimize the aforementioned legal risks. Thus, once the new directive has been implemented by Member States, the result may be a greater number of returns of illegally exported cultural goods, based on adherence to its provisions.

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Available abstract

Directive 93/7/EEC created a legal framework for the return of cultural goods illegally removed from the territory of a Member State. The procedure for the return of cultural goods proved to be ineffective for numerous reasons, including a very narrow definition of a cultural good, flawed instruments of administrative cooperation, or risky court proceedings connected with the indemnification of the possessor. Directive 2015/60/EU is a new step towards the creation of an effective European system of return of cultural goods. Pursuant to the new directive each Member State can now define which cultural goods constitute national treasures. The directive has also provided for the creation of new, electronic means of fostering administrative cooperation, while court proceedings have been amended to minimize the aforementioned legal risks. Thus, once the new directive has been implemented by Member States, the result may be a greater number of returns of illegally exported cultural goods, based on adherence to its provisions.

Key concepts: Directive, Member state, Member states, Business, State (computer science), Directive on Privacy and Electronic Communications, Goods and services, Law

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Dyrektywa 93/7/EWG z perspektywy dwóch dekad funkcjonowania — Research Paper | ScholarLens