Maciej Górka
Santander Art and Culture Law Review, 2/2016 (2), 2016, s. 27 - 34
https://doi.org/10.4467/2450050XSR.16.016.6124The aim of the new Directive is to improve the efficiency of mechanisms to secure the return of cultural objects unlawfully removed from the territory of a Member State, on or after 1 January 1993, introduced initially by way of Council Directive 93/7/EEC. Over the years it had been concluded that the application of Council Directive 93/7/EEC had, for a variety of reasons, a limited effect in terms of the actual return of cultural objects. The new Directive attempts to address these deficiencies and introduces substantial changes to the 1993 Directive. In particular, it extends the scope of the Directive to all cultural objects classified or defined as national treasures. It introduces the use of the Internal Market Information System (IMI) for administrative cooperation and exchange of information within national authorities. It extends the time-limit to initiate return proceedings. Finally, it establishes that the burden of proof of due diligence lies with the possessor for the purpose of compensation. The new Directive had much support during the legislative procedure, both in the European Parliament and in the Council. Adopted on 15 May 2014, the Directive was due to be transposed by the Member States by 18 December 2015. It now remains to be seen whether the new rules are applied in practice and will bring about the expected results.