PROGRESE ȘI PROVOCĂRI ÎN PROCESUL DE RECUNOAȘTERE INTERNAȚIONALĂ A PRINCIPIULUI ACCESULUI LA PATRIMONIUL CULTURAL. O JURISPRUDENȚĂ A CURȚII EUROPENE A DREPTURILOR OMULUI

By the Decision on 29th January 2019, in Case No 6080/06 Ahunbay & others v. Turkey (6080/2006), the ECHR has made a great leap forward, by means of the subsequent considerations, in recognizing the general principle of the right of access to common cultural inheritance. The Court has rejected the principal claim as inadmissible (ratione materiae); even though, by finding that the object is related to an evolving field and by considering that given the international instruments and the common ground regarding international legal standards, compulsory or not, it cannot be a priori excluded the existence of a common European and International approach regarding the need to protect the access to cultural inheritance, it has opened significant perspectives for the process of giving this principle a legal shape. Thus, there have been created the premises so that, in the near future, by means of case law, several significant progresses can be made in this field.