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The International Transfer of Works of Art in the New Italian Consolidated Statute on Cultural Property

In the second half of the last decade the Italian Parliament enabled the government to enact a consolidated statute (Testo Unico) concerning the field of cultural property as a whole, aimed at substituting a number of different provisions contained in various laws and decrees adopted over nearly a century. The enabling clause inserted in articles 1 and 2 of the Law 352/97 (“Provisions on cultural property”) was, in fact, quite broad in scope, providing that, with the aim of gathering and coordinating the legislastive provisions in force in the subject matter, the government would be enabled to bring exclusively the modifications necessary to ensure their formal and material coordination, as well as the rearrangement of the relevant procedures. As far as the implementation of the international obligations is concerned and with specific reference to the international treaties already ratified by Italy, the Legislative Decree of October 29, 1999, number 490, concerning the consolidated statute of the legislative provisions on cultural property and environment (Testo Unico delle disposizioni legislative in materia di beni culturali e ambientali), does not seem to have interpreted extensively the above guidelines. The only relevant provision of the Testo Unico is contained in article 20, which simply confirms that the activity of protection and valorization of cultural property shall be consistent with the principles of cooperation among states and international organizations, principles established in agreements ratified and enforced in Italy in the field of protection of the world and of the national cultural heritage. It is to be pointed out that express references to consistency with international obligations, such as those contained in article 20, are provided mainly with the aim