Public access vs. private ownership: Legal conflicts in cultural property under EU law
Public access vs. private ownership: Legal conflicts in cultural property under EU law

Summary/Abstract: This paper examines the legal conflict arising from the dual interests of private ownership and public access to cultural property within the European Union. Cultural property, which includes works of art, monuments, and heritage objects, is in many cases privately owned, but on the other hand, a cultural property holds intrinsic public and historical value for any state on whose territory it is located. EU has defined the legal framework of cultural property through Regulation 2019/880 on the import of cultural goods and related directives. Its aim is to harmonize the protection of cultural heritage while ensuring equal public access. The EU Charter of Fundamental Rights also defines participation in cultural life as a fundamental right. This creates a complex legal landscape in which Member States must balance individual property rights with collective cultural interests. This paper will analyze the main case law of the ECJ, EU regulations, and policy reports from the European Commission and the FRA. The study explores how conflicts are addressed, the legal mechanisms available to reconcile cultural ownership and public access, and the challenges of implementation in different legal systems. The implementation of EU law is necessary to protect cultural heritage effectively. In this way, respect for the private right to cultural ownership must be balanced against the right to public cultural participation, thereby highlighting emerging trends and future directions in European regulation of cultural property

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