If lifting one’s eyes to the sky was an Olympic discipline, the curators of French heritage would have had a good chance of winning a medal this Thursday while the Council of State was studying a request for restitution of The Mona Lisa. An obscure association – International Restitutions – has made an official demand for Leonardo da Vinci’s masterpiece to be “removed” from the inventory of the Louvre museum.
The Mona Lisa has been in the Louvre since 1797 (which she only left during a theft in 1911) and in French collections since 1516… Could she one day leave France? There is little chance…
Can this request succeed?
No. The association which made the request to the highest French administrative court is not its first attempt. And each time, the Council of State rejected the requests. In its previous decision, set to set a precedent, the Council of State declared that the association did not have “the standing to act”. “Only people who consider themselves to be the legitimate owners” of the work were legitimate to submit a request. However, from 1516, The Mona Lisa has been the property of King Francis I, to whom Leonardo da Vinci offered the painting in exchange for his protection. The portrait of Mona Lisa entered the royal collections and then the public collections.
France has already returned works, why not “The Mona Lisa”?
For several years, France has deviated from the principle of inalienability of certain works in its public collections within the framework of special laws, then framework laws. These laws – two already passed and one in draft form – concern three types of returnable works. Firstly there is works of art looted from Jewish families during the Occupation. These works have been identified and the French museums which conserve them no longer own them. When, after investigation, the rights holders of these works are found, they can be returned. The second category concerns human remains. The law of December 26, 2023 thus enabled the restitution, for funerary purposes, of twenty Maori heads (the people of the islands of the Pacific Ocean) to New Zealand, and 24 skulls to Algeria.
The third category could concern works acquired illicitly by the French State. This bill targets in particular works stolen during French colonization in Africa and Asia.
At any rate The Mona Lisa cannot fit into any of these three categories.
Could Italy claim “The Mona Lisa”?
Requests for restitution concerning African heritage, encouraged by Emmanuel Macron during a speech in 2017 in Ouagadougou, concern the states. A country like Italy could thus, in theory, make a request. However, to date, there is no question of examining such old acquisition requests. Works acquired after the 1970 UNESCO convention on “theft, pillage and illicit trafficking of cultural property. » Here again, The Mona Lisa, who arrived in France in the 16th century, is not concerned. Furthermore, Francis I, who offered room, board, protection and board to a Leonardo da Vinci who had fallen out of favor with the Medicis, would probably not appreciate that his Mona Lisa was considered to be the result of “looting” .
Is “The Mona Lisa” part of France forever?
Rather yes. Heritage law is very strict and the principle of inalienability very strong. The French state cannot sell or give away works of art from its public collections. There remains the option of a long loan to a third country. The solution was formulated for very symbolic African works of art and to circumvent heritage law. However, regarding The Mona Lisa, experts are unanimous on the fact that the work is far too fragile and precious to travel. Beyond the loss of income that his departure would mean for the Louvre museum, it would be very difficult to find the money to pay for the insurance that such a trip would require (not to mention finding the insurance willing to commit ).
Brief. Unless it’s stolen, The Mona Lisa should stay at the Louvre for a good while longer.