Avropa İttifaqı çərçivəsində mədəni irs obyektlərinin qanunsuz dövriyyəsinə qarşı regional əməkdaşlığın xüsusiyyətləri

The article discusses international cooperation within the European Union framework against the illicit trafficking of cultural heritage objects. It analyzes the characteristics of regional cooperation within the European Union in combating illicit trafficking. In this regard, the European Union is identified as a more effective and advanced regional cooperation mechanism. It is noted that the realization of international legal norms, which are universally applicable for regional cooperation, takes on a unique form within the European Union framework. The existence of a relevant regional normative legal base legally ensures the implementation of regional cooperation. To this end, normative acts adopted within the European Union are analyzed. The significance of these acts as a legal basis in combating illicit trafficking and their aspects of improvement are examined. It is noted that within the European Union, legal regulation in the relevant sphere is carried out in the form of communitarian (internal) legislation. In determining the characteristics of this form, a comparison is made of Regulation No. 3911/92 adopted in 1992, Regulation No. 116/2009 adopted in 2008, Directive No. 93/7/EEC adopted in 1993, and Directive No. 2014/60/EC adopted in 2014. The forms and directions of regional cooperation are examined. In particular, the characteristics of operational cooperation in the fight against illicit trafficking are identified. It is emphasized that a key distinguishing feature here is the implementation of operational measures against the illicit trafficking of cultural heritage objects within an advanced institutional mechanism. Operational cooperation constitutes the third pillar of the European Union. In this context, the activities of Europol are analyzed. The legal basis for its operations is examined, and its forms and directions are determined. The establishment and enhancement of Europol’s activities are explored. The significance of Regulation No. 2016/794, adopted in 2016, is highlighted. This Regulation includes the illicit trafficking of cultural heritage objects as an offense that harms the Union's general interests, thereby placing it within Europol's direct sphere of activity. The characteristics of Europol's cooperation with the law enforcement agencies of non-member states are analyzed. Its interaction with other cooperation mechanisms is also examined. It is noted that, with the notification of the European Council, Europol may cooperate with the police authorities of non-member states. For this purpose, it is necessary to conclude a cooperation agreement with those states. No such agreement has been signed between Europol and the Republic of Azerbaijan. However, the Partnership and Cooperation Agreement signed with the European Union may serve as a basis for operational cooperation. Keywords: cultural heritage objects, illicit trafficking, regional cooperation, operational cooperation, European Union, Europol, European Council, regulation, directive.

Authors

Publication Details

Journal
Azerbaijan Law Journal
Published
2025-04-28
DOI
https://doi.org/10.61638/hpjf3763
Primary Topic
European and International Law Studies
Type
article
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0.00
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article

Avropa İttifaqı çərçivəsində mədəni irs obyektlərinin qanunsuz dövriyyəsinə qarşı regional əməkdaşlığın xüsusiyyətləri

Sima Suleymanli
Azerbaijan Law Journal
European and International Law Studies
article

Avropa İttifaqı çərçivəsində mədəni irs obyektlərinin qanunsuz dövriyyəsinə qarşı regional əməkdaşlığın xüsusiyyətləri

Sima Suleymanli
article en

Abstract

The article discusses international cooperation within the European Union framework against the illicit trafficking of cultural heritage objects. It analyzes the characteristics of regional cooperation within the European Union in combating illicit trafficking. In this regard, the European Union is identified as a more effective and advanced regional cooperation mechanism. It is noted that the realization of international legal norms, which are universally applicable for regional cooperation, takes on a unique form within the European Union framework. The existence of a relevant regional normative legal base legally ensures the implementation of regional cooperation. To this end, normative acts adopted within the European Union are analyzed. The significance of these acts as a legal basis in combating illicit trafficking and their aspects of improvement are examined. It is noted that within the European Union, legal regulation in the relevant sphere is carried out in the form of communitarian (internal) legislation. In determining the characteristics of this form, a comparison is made of Regulation No. 3911/92 adopted in 1992, Regulation No. 116/2009 adopted in 2008, Directive No. 93/7/EEC adopted in 1993, and Directive No. 2014/60/EC adopted in 2014. The forms and directions of regional cooperation are examined. In particular, the characteristics of operational cooperation in the fight against illicit trafficking are identified. It is emphasized that a key distinguishing feature here is the implementation of operational measures against the illicit trafficking of cultural heritage objects within an advanced institutional mechanism. Operational cooperation constitutes the third pillar of the European Union. In this context, the activities of Europol are analyzed. The legal basis for its operations is examined, and its forms and directions are determined. The establishment and enhancement of Europol’s activities are explored. The significance of Regulation No. 2016/794, adopted in 2016, is highlighted. This Regulation includes the illicit trafficking of cultural heritage objects as an offense that harms the Union's general interests, thereby placing it within Europol's direct sphere of activity. The characteristics of Europol's cooperation with the law enforcement agencies of non-member states are analyzed. Its interaction with other cooperation mechanisms is also examined. It is noted that, with the notification of the European Council, Europol may cooperate with the police authorities of non-member states. For this purpose, it is necessary to conclude a cooperation agreement with those states. No such agreement has been signed between Europol and the Republic of Azerbaijan. However, the Partnership and Cooperation Agreement signed with the European Union may serve as a basis for operational cooperation. Keywords: cultural heritage objects, illicit trafficking, regional cooperation, operational cooperation, European Union, Europol, European Council, regulation, directive.

Azerbaijan Law Journal
Openalex Percentile: Top 90%
European and International Law Studies
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