The annulment of the export license for artworks in Italian law: The guarantee of legal certainty in relation to recent administrative and legal measures

Abstract

This article originates from recent measures taken by the Italian Ministry of Culture which have ordered the annulment of some free-circulation certificates for administrative self-defense, pursuant to art. 21 nonies L. 241/1990. Such ex post control on the release of free-circulation certificates has alarmed national and international professional operators, and has created a situation of objective uncertainty about the possibility of exporting art objects purchased in Italy. This article, therefore, aims to analyze the legal substratum within which the Ministry’s control and verification action moves, to determine, wherever possible, the limits of the lawfulness of such behavior.