Customs protection of cultural property as part of the security policy of the European Union

Abstract

This paper deals with certain selected issues of the customs protection of cultural property as part of the security policy of the European Union 1. This area is analysed in the context of appropriate level of protection that should be applied, having respect to the fact that the trafficking in cultural goods is to a very large extent performed by organised crime groups, which find it particularly beneficial at some times, especially times of social unrest or war. A detailed study of the illicit trade in cultural property within the European Union has shown that this issue is governed by the provisions of international conventions. However, as the authors note, in accordance with the EU customs legislation control over the movement of any goods within its territory is reduced to a minimum, so the main task of customs administrations is to regulate the trade in cultural property with third countries. Two approaches (‘hard’ and ‘soft’) are discussed from the perspective of the Customs Service of the Republic of Poland, which is guarding the longest land border of the EU, resulting in the conclusion that the level of protection should in fact be adjusted to the patterns of trafficking and the situation of the given country. The methods used during the study are analysis, synthesis, comparison, generalization, systematic and functional analysis. Observations made in this respect in the EU can be beneficial for the other countries of the world that face similar challenges, like North Africa and Middle East countries, where recently there is a lot of military conflicts and civil wars.