The European legal framework on the return of cultural objects: An effective tool to foster civil and administrative cooperation between EU Member States?

Abstract

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.