Balancing culture, the market, and security: A review of recent developments including EU-security measures and their effect on the European arts and art market

Thirty years ago the European Union (EU) adopted its initial legal instruments regarding the movement and protection of cultural objects. These measures aimed to reconcile the fundamental principle of free movement of goods among EU Member States with the preservation of objects classified as “national treasures” under Article 36 TFEU due to their artistic, historical, or archaeological significance. Recently, the EU has broadened its focus beyond safeguarding cultural objects within Member States. It has begun addressing the global challenges of combating the destruction of cultural heritage and illicit trade in cultural goods, as part of its efforts against money laundering and terrorism financing. This chapter provides a concise overview of these legislative developments, including a critical analysis of Regulation 2019/880 on the introduction and import of cultural goods and Directive (EU) 2018/843, also known as the Fifth Anti-Money Laundering Directive, thereby discussing the rising influence of EU (security) measures on the art market.