Zambelli, Matteo (2026) Restrictions on the export of cultural property in Italy. Art Antiquity and Law Journal, 31 (1). ISSN 1362-2331

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Abstract

This article examines the international circulation of cultural property through administrative discretion, European proportionality and judicial control.Anchored in the Italian Code of Cultural Heritage and Landscape, it analyses export licensing (the attestato di libera circolazione, ALC), the 2017 ministerial Guidelines, and the self-certification regime in Article 65(4-bis), situating these within EU and international instruments (Regulation (EC) No. 116/2009; Directive 2014/60/EU; Regulation (EU) 2019/880). It evaluates how courts scrutinise ‘technical-discretionary’ assessments, the evidential thresholds for refusal and the duty to give reasons. Particular attention is paid to autotutela (ex officio annulment), including temporal limits, legitimate expectations and cross-border effects when export authorisations are annulled. Drawing on recent case law, the article traces trends in the definition of ‘cultural interest’, the calibration of proportionality and the interaction between national measures and the internal market. It argues for a more precise statutory framework for exceptional cases and greater procedural transparency to balance heritage protection with legal certainty for market participants.

Item Type:	Article
Subjects:	Law and criminal justice > Law Arts
Date Deposited:	23 Jun 2026
Dates:	Date Publication status 23 February 2026 Accepted 16 June 2026 Published
School, department or research centre:	School of Law
URI:	https://repository.uwl.ac.uk/id/eprint/15055

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