Kulturgüterschutz in einem Mehrebenensystem: die UNIDROIT-Konvention 1995 und die Vertragsabschlusskompetenz der EU

The article explores the interplay between the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and measures addressing the protection of cultural property within the EU internal market, primarily Directive 2014/60/EU on the return of cultural objects unlawfully removed from the territory of a Member State. It argues that the EU has acquired external competence to acceed to the UNIDROIT Convention, either as a part of common commercial policy or under Article 216(1) TFEU. If the Union decided to exercise such competence, since the Convention is only open to accession by States, the Member States which are not yet contracting parties would have to acceed, acting as 'trustees of the Union'.