This article focuses on the development of preventive and commercial archaeology in Europe during the last thirty years by examining the case of Italy. This country has a mixed public-private system, where the law establishes that the State manages all archaeological activities, although archaeological services are provided mainly by private individuals or companies and funded by private developers. This framework leads to a mismatch between law and practice, which impedes the development of professional archaeology and the full implementation of the Valletta principles. The issue is examined from an historical perspective, from the 1970s to the present day, and is augmented by a brief analysis of the current trends in cultural heritage policy. The study concentrates on the regulatory elements of archaeological activities, since these legal matters are generally overlooked by scholars.

This article began life as a paper in the session ‘Opening Doors for Archaeologists: Making Malta Work’ at the 2006 EAA Annual Meeting in Kracow, Poland. It explores the background of the European Convention on the Protection of the Archaeological Heritage (Revised), also known as the Valletta Convention or the Convention of Malta. The article examines some of the major issues that were discussed and describes the drafting process of the Convention from the author's personal perspective as one of the members of the committee responsible. It concludes with a brief consideration of some subsequent developments and a plea for a more active role for the EAA at Strasbourg and Brussels.