Aprobarea sau protecţia patrimoniului cultural în spaţiul judiciar european
Approval or Protection of Cultural Heritage in the European Judicial Area

Summary/Abstract: The recognition of a right to culture is of particular importance for the establishment and implementation of the legal status of the cultural heritage. Beginning with a final sentence recently issued by the Romanian High Court of Cassation and Justice against a criminal group specialized in archaeological poaching, this study analyzes the tried case in the broader context of illicit trafficking in cultural goods coming from south-east Europe. The paper examines successively the categories of participants in the illicit trafficking in cultural goods, the modus operandi used for money and artifact laundering, the illicit trafficking pathways, the stolen Romanian treasures, which made the object of illicit trafficking, as well as the international judicial cooperation actions undertaken for their recovery. In order to raise the level of protection for all cultural goods, we examine the security and protection measures of cultural sites; the way the EU Member States enforce the European directive on the protection of the cultural heritage and the restitution of stolen goods; the enforcement of the Unidroit Convention, the organization of specialized structures of the Judicial Police, the use of international judicial assistance for the recovery of cultural goods.

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