Restituirea și recuperarea bunurilor culturale mobile în legislația românească și dreptul Uniunii Europene. Aspecte jurisprudențiale
Restitution and Recovery of Movable Cultural Property in Romanian Legislation and European Union law. Jurisprudential Aspects

Author(s): Sorin Ivan
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Comparative Law
Published by: Universul Juridic
Keywords: movable cultural goods; national cultural heritage; restitution; recovery; domestic law; European Union Law; jurisprudence;
Summary/Abstract: In the field of legal protection of movable cultural heritage, there are two important sections concerning, on the one hand, the restitution by the Romanian state of movable cultural goods that have illegally left the territory of a EU Member State, on the other hand, the recovery of movable cultural goods that have illegally left the territory of Romania. The legal regime of the protection of these goods in domestic law is harmonized with the legal regulations in the European Union within the broad framework of the legislative integration at the Union level. The seat of the matter in the Romanian legislation is represented by Law no. 182 of 25 October 2000 on the protection of the mobile national cultural heritage. By Law no. 123/2017, it was amended in order to transpose into national law Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast). The EU legislation and the national legislation of the Member States create a system for the protection of cultural heritage objects, in this case, and cultural heritage, in general, at European Union level, governed by the principles of subsidiarity and proportionality, as laid down in the Treaty on European Union.

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