6 Amendments of Daniel BUDA related to 2017/2023(INI)
Amendment 20 #
Motion for a resolution
Recital B
Recital B
B. whereas looting in armed conflicts remains a widespread problem with important legal and cross-border implications;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas litigants continue to encounter legal problems owing to the often very specific nature of their claims on the one hand and to the expiration of post- war restitution laws, the non-retroactivity of conventional norms, the lack of any definition of looted 'art', statute of limitations provisions on claims or provisions on adverse possession and good faith on the other;
Amendment 38 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that insufficient attention has been paid at EU level to the restitution of works of art and cultural goods looted in armed conflicts, in particular in the fields of private law, private international law and civil procedure; calls on the Commission therefore to explore the possibility of protecting, supporting and encouraging cross-border restitution claims of cultural assets displaced and misappropriated as a result of state- sanctioned acts of plunder and looted during armed conflicts; calls on the Commission and the Member States to issue recommendations and guidelines to raise awareness of the need to support national institutions in the Member States regarding restitution claims;
Amendment 52 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that much could be gained from assessing and fostering the development of fair practices in art trade and restitution from a transnational and global perspective, in terms of both their intended preventive effect and the coercive or punitive impact being sought;
Amendment 58 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that it is time to put an end to the years of convolutions and nuances if a responsible and ethical European art market is to be established; calls on the Commission, in this regard, to identify civil law measures to help overcome the difficult problems encountered by private parties seeking the restitution of works of art genuinely belonging to them; at the same time, calls on the Commission to develop a new debating framework for the identification of best practices and solutions for the present and the future;
Amendment 87 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. CPoints to the lack of coordination at Member State level regarding interpretation of the notion of 'due diligence', calls on the Commission to clarify the notion of 'due diligence' in relation to good faith; points, as an example, to Article 16 of the Swiss Federal Law on the International Transfer of Cultural Property, which bans dealers and auctioneers from entering into an art transaction if they have any doubt as to the provenance of the object; notes that under this law the burden of proof is partly transferred to the seller; however, the possessor of an artwork cannot rely on the principle of good faith if he or she is unable to prove that he or she paid due attention at the time of acquisition;