Handbook on the Law of Cultural Heritage and International Trade

Handbook on the Law of Cultural Heritage and International Trade

Research Handbooks on Globalisation and the Law series

Edited by James A.R. Nafziger and Robert Kirkwood Paterson

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.

Chapter 11: Italy

Manlio Frigo

Subjects: law - academic, cultural heritage and art law, international economic law, trade law


With the exception of Article 167 of the Treaty on the Functioning of the European Union (hereinafter referred to as TFEU), which represents a general provision concerning cultural cooperation among the parties and which makes an indefinite reference to a 'common cultural heritage' of the Member States, Article 36 of the TFEU is effectively the only provision of the Treaty dealing expressly with the circulation of works of art. Some of the most significant, basic rules concerning the internal market are set forth in Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions on imports and exports between Member States. In this context, Article 36 grants Member States the power to enact measures providing for some restrictions on the import and export of goods in a limited set of sectors. In interpreting the above rules, and the consistency of domestic legislation with EU law, one should keep in mind that: i) Article 36 belongs to Part 3 ('Union Policies and Internal Actions'), Title 1 ('Internal Market'), Chapter 3 of the TFEU dealing with 'Prohibition of quantitative restrictions between Member States'), and that: ii) Articles 34 and 35 specify the principles contained in Article 26 on the establishment of the internal market and Article 28 concerning the customs union and covering all trade in goods by stating two general rules according to which quantitative restrictions on both imports and exports as well as all measures having equivalent effects are prohibited.

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