Head of a Young Woman: The thrilling recovery of a flying Picasso

2021 ◽  
Vol 28 (1) ◽  
pp. 175-190
Author(s):  
Nicolás Zambrana-Tévar
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Young Woman ◽  
Administrative Law ◽  
European Level ◽  
European Union Law ◽  
Work Of Art ◽  
Judicial Assistance

AbstractThe case of the illicit export of a Picasso painting by its owner and its confiscation and recovery by French and Spanish authorities provides an interesting example of the complexities of the transnational criminal, civil, and administrative law protection of national cultural heritage and of the ongoing efforts to achieve useful legal instruments at the European level, which foster and harmonize the current and often informal mechanisms of cooperation and judicial assistance among the different domestic enforcing agencies. It also attempts to show how Spanish authorities have made a legitimate, but possibly overreaching, use of existing European Union law in order to recover and appropriate a valuable work of art.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Rome, Maastricht and Amsterdam

2000 ◽  
Vol 7 (1) ◽  
pp. 20-33 ◽  
Author(s):  
Johanna D. Tzanidaki
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Management Practice ◽  
Heritage Management ◽  
Cultural Integration ◽  
The Political ◽  
European Identity ◽  
European Union Law ◽  
Political Union ◽  
Member States

AbstarctThe proliferation of European Union law and policies and their impact on Member States appear to be issues very much connected with the future of the political union of Europe. Heritage management practice in Member States is also being affected by legal developments promoted by E.U. institutions. This article attempts to assess the E.U.'s growth of interest in cultural heritage matters as part of a broader political context, which involves issues ranging from economic development to ‘European’ identity. The successful cultural integration of Member States is being pursued by the E.U. on the basis of a common cultural heritage. Does the perceived legal necessity for uniformity in Member State's heritage management pose a danger to the differences and particularities that stem from the diverse pasts in the E.U.?

scholarly journals Pieteikuma tiesības administratīvajā tiesā: nacionālo tradīciju un Eiropas Savienības tiesību savstarpējā mijiedarbība

2021 ◽  
pp. 474-480
Author(s):  
Inga Bērtaite-Pudāne ◽  
Keyword(s):  
European Union ◽  
Administrative Law ◽  
The European Union ◽  
European Union Law ◽  
Procedural Law ◽  
National Courts ◽  
The Law ◽  
Judicial Protection

Standing before court is one of the preconditions for admissibility of application, which is to be evaluated by a judge in every administrative case. The article proposes to look at this aspect of the national procedural law on a broader scale. Firstly, the article provides an insight as to how two fundamental models of standing vested by the administrative law have developed in the law of continental Europe – interest-based, which is embodied by France, and rights-based, which is embodied by Germany, and how they have influenced development of the standing in other countries. Secondly, the article explores an interaction between the national law of standing and the European Union law, focusing on the effect of the principle of effective judicial protection in respect of standing of individuals before the national courts.

scholarly journals The Influence of EU Law on Public Administration in New Member States

2020 ◽  
Vol 5 (1) ◽  
pp. 48-61
Author(s):  
Radomír Jakab
Keyword(s):  
European Union ◽  
Public Administration ◽  
Administrative Law ◽  
Eastern European ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
New Member States ◽  
Eastern European Countries ◽  
Almost All

The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.

scholarly journals A Conceptual Understanding of EU Sectoral Administrative Law

2018 ◽  
Author(s):  
Herwig C H Hofmann ◽  
Gerard C Rowe ◽  
Alexander H Türk
Keyword(s):  
European Union ◽  
Conceptual Understanding ◽  
Administrative Law ◽  
The European Union ◽  
European Union Law ◽  
The Difference ◽  
The Eu

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a supranational structure and system, such as that of the Union? Secondly, what exactly might we understand by ‘sectoral’ or ‘specialized’ administrative law, again especially in the context of the EU? Thirdly, just what is the difference between European Union law as such, and its administrative law. These distinctions, and the definitions attempted, are not addressed here just as scholarly abstractions. We take the view that understanding them and differentiating between these terms will make clear from the outset what this book attempts to cover, especially with respect to the concepts of both general EU administrative law and specialized EU administrative law employed here (which may or may not be similar to conceptualizations found in national contexts where these terms are employed).

scholarly journals Cultural heritage and European identity in European Union law and policy

2021 ◽  
pp. 99-111
Author(s):  
Francesca Fiorentini ◽  
Kristin Hausler ◽  
Andrzej Jakubowski
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
European Identity ◽  
European Union Law ◽  
Law And Policy

scholarly journals European system of central banks and the European central bank

1999 ◽  
Vol 71 (12) ◽  
pp. 82-95
Author(s):  
Tomislav Šunjka
Keyword(s):  
European Union ◽  
International Business ◽  
European Central Bank ◽  
Central Banks ◽  
Business Development ◽  
European Level ◽  
European Union Law ◽  
European Central ◽  
European System ◽  
European Business

Yugoslavia is being late with forming of European Union law experts. As we arc not the leading country in the international business relationships, we aproach to new rules of EU by empirical way. I believe that young lawyers should be tought that this branch of law already exists, that it lives by it's own life, that it depends upon movements of European business, that the contents of those rules is being made at European level and that other countries are unable to avoid their aplication with their boundaries and interpretations, because every boundary of such kind presents selfdisconection from taking part in European business trade. It is certain that some business subjects and national countries can impact on creation and changing of existing standards, but they also have to respect standards that are in use. It is the condition for taking a part in European business trade cooperation and to that condition a special attention must be payed in our country, which is being emphasized every day by our law and business practise as unavoidable need of our business development.

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