Usklađenost pravnog sistema Bosne i Hercegovine sa standardima Evropske Unije u domenu zaštite od protivpravnog prometa kulturnim dobrima
Compatibility of the Legal Framework of Bosnia and Herzegovina With the European Union Standards for the Prohibition of the Illicit Traffic in Cultural Goods

Author(s): Vesna B. Ćorić, Jelena Ćeranić Perišić
Subject(s): Law on Economics
Published by: Institut za uporedno pravo
Keywords: export of cultural goods; illicit traffic in cultural goods; draft Law on Cultural Goods of BiH; EU standards; Stablization and Association Agreement
Summary/Abstract: Paper examines the level of compliance of the legal framework of Bosnia and Herzegovina with the relevant international and especially European standards on the prohibition and prevention of illicit trade in cultural goods. Given the ongoing stabilization and accession process, a special emphasis will be placed on the compatibility of the legal system of BiH with the Council Regulation (EC) No 116/2009 on the export of cultural goods, Commission Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 and Council Directive 93/7/EEC, on the return of cultural objects unlawfully removed from the territory of a Member State. Authors further identify legal gaps and internal inconsistencies within the domestic legal framework that give rise to legal uncertainty having detrimental effects on the coherence of BiH legal system. Authors conclude that certain aspects of the BiH legal framework in the area of fighting against illicit trade in cultural goods should be significantly amended as to meet the given EU standards, as well as to comply with the ratified international and regional conventions in the given field. Finally, the need to join the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is identified as to improve the BiH legal framework for preventing and fighting illicit traffic in cultural property.

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