A Brief Assessment of the Current State of Restitution Policy at a National Level and in Eastern Europe

Restitution is a difficult topic for claimants, collectors and collections, policy makers and law makers alike.The process of restitution may uncover uncomfortable truths, it requires the recognition of past wrongs, the acceptance of responsibility and the public disclosure of historical facts.But restitution does not only mean justice or reconciliation.When integrated into the legal context, it is rightfully expected to reflect proportionality, balance and predictability.To date, however, there is no universally applicable legal procedure to make and pursue restitution claims, to advance a common understanding on clearly defined due diligence obligations, or impose fair practices on the art trade. Legal Claims Fraught with DifficultyIn the absence of clear definitions and established special legal procedures, claimants need to rely on existing general laws in the process of restitution.Time bars and limitation periods mean legal claims will not be enforceable forever.Some 80 years after the crime, it is difficult to locate assets: objects have passed through many countries and may be dispersed all over the world.A person who resorts to a foreign court for the purpose of recovering an object faces considerable difficulties.Uncertainties and complexities will surround the choice of the body of law on the basis of which the claimant's rights will be established, as well as the nature and extent of remedies he/she may be granted.Cross-border litigation is expensive.