THE LEGALITY OF CONFISCATION ORDERS OF STOLEN CULTURAL PROPERTY: THE FANO ATHLETE CASE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Elena Scudeler

Abstract

This study analyzes the judgment delivered by the European Court of Human Rights (ECHR) on May 2, 2024, in the case of J. Paul Getty Trust v. Italy. The ruling addresses various aspects related to the circulation of cultural property, offering significant insights into the Court’s interpretation of its own case law.

 

Table of Contents

  1. The Fano Athlete Case
  2. The Facts of the Case
    • Criminal and Civil Domestic Proceedings
    • International Cooperation
  3. The ECHR Decision
    • The ECHR Case Law
    • The Admissibility of the Case
    • The Merit of the Case
      • The Legality and Ex Post Facto Applicability of Confiscation Orders
      • The Application of the 1970 UNESCO Convention
      • The Proportionality to the Aim Pursued
  4. Some Concluding Remarks

Download this article in PDF format

Download IJPL Vol.17 - 1