The European legal framework on the return of cultural objects: An effective tool to foster civil and administrative cooperation between EU Member States?
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Fulvia Staiano [1]
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[1] Giustino Fortunato Telematic University
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- Localización: Freedom, Security & Justice: European Legal Studies, ISSN-e 2532-2079, Nº. 2, 2026, págs. 241-256
- Idioma: inglés
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Resumen
This article assesses whether the EU legal framework on trafficking in cultural objects effectively fosters intra-EU cooperation. After situating EU law within the broader international regime, it focuses on administrative return procedures regulated at EU level. Using Italy as a case study, it is argued that, while the EU legal framework may in theory strengthen intra-EU cooperation, its practical effectiveness remains limited by the broad discretion left to Member States in defining “national treasures” and by the limited use of the mechanisms envisaged by Directive 2014/60. The article concludes that the current framework is an important but still incomplete tool, requiring further harmonisation and stronger coordination among national authorities
