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This European added value assessment (EAVA) supports the European Parliament's legislative initiative 2023/2051(INL) entitled 'EU framework for the social and professional situation of artists and workers in the cultural and creative sectors'. Reviewing the existing legal framework and identifying the gaps, the study explores possible policy options to tackle the problems and looks at why EU action is needed. It analyses the potential impacts of the policy options, also conducting a qualitative and ...

Cross-border claims to looted art

Staidéar 16-10-2023

This study addresses cross-border restitution claims to looted art, considering Nazi-looted art and colonial takings, but also more recent cultural losses resulting from illicit trafficking. Although these categories differ considerably, commonalties exist. The study highlights blind spots in the legal and policy frameworks and formulates recommendations on how these could be bridged. This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional ...

When the Nazis grabbed power in Germany, they had clear ideas about what art is. The persecution of Jews allowed them to seize Jewish property, forbid Jews from running art galleries, push them out of their countries to exile, and send them to camps and death. All this enabled some prominent Nazis to start their own art collections. However, most of the looted valuable classical artworks were destined for existing or planned museums. Nazis and their collaborators looted art collections and moved ...

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where ...

Freeports are conducive to secrecy. In their preferential treatment, they resemble offshore financial centres, offering both high security and discretion and allowing transactions to be made without attracting attention of regulators and direct tax authorities. This study argues that the legal anti-money laundering and tax evasion framework in place in the EU (and elsewhere) is only partially effective in combatting money laundering and tax evasion.

Import of cultural goods

Briefing 19-12-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 13 July 2017 and now under discussion in Parliament and Council. The proposal aims to prevent the import and storage in the EU of cultural goods illicitly exported from a third country, in order to reduce trafficking in cultural goods, combat terrorism financing and protect cultural heritage, especially archaeological objects ...

Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing ...

Illegal trafficking of cultural objects is one of the most profitable of criminal activities. The European Union, with its border-free internal market and substantial cultural and historical heritage, is considered to be particularly affected by such illegal trade.

The Resale Right Directive

Sracfhéachaint 15-11-2012

In 2011 the global art and antique trade was valued at over €46 million, with the EU having more than a one-third share. More than half of this figure is made up of modern and contemporary art. However, in contrast to the general acceptance of copyright globally there are different views on how visual artists should be remunerated. Within the EU such artists benefit from a resale right.

The text analyses the Community provisions and problems in terms of Spanish law on the protection of the cultural and historical heritage following the creation of the single market.