Cultural Heritage Legislation

Southeast Europe




The research project encompassed three distinct types of activities:
I.    Library Research

1.    International instruments:
2.    Council of Europe instruments studied:


3.    National laws studied:


4.    Books and treatises:


5.    Comparative legal materials:


II.    Contacts & Interviews


III. Development of Research and Policy Papers

The Research and Policy Papers reached the conclusion that the Southeast European country with the most unreformed legislation to date is Bulgaria. All other project countries have new laws that follow modern trends and are more or less well drafted. Bulgaria, on the other hand, still uses its 1969 law, which is inadequate for the current environment. The fact that Bulgaria will be the last in the region to reform its legislation presents both a failure and an advantage. While the country has indeed failed to keep up with modern trends in law-making in the heritage area, it now has the opportunity to learn from its neighbors. Therefore, the Research and Policy Papers explore the relevant laws of Western Europe and of the other countries in the region and provide policy recommendations for a fundamental reform of Bulgaria’s heritage law framework.

The finalization of the Research and Policy Papers came at a time when Bulgarian authorities’ one priority was EU accession. Since heritage was not one of the topic on the table of negotiations, the discussion was left for till after the accession. On 1 January 2007 Bulgaria will join the European Union and, hopefully, once out of crisis management mode, the relevant authorities will turn attention to some relatively neglected topics such as heritage.

At that time this research could prove helpful in these discussions but for that purpose it will need to be translated into Bulgarian. That translation is also necessary since the selected (and committed) mentor from the Ministry of Culture to the research apparently does not have the adequate level of English-language knowledge to review the research paper in its current form. On the other hand, using this particular mentor is critical for the sustainability of the work product as this mentor is well-positioned to play a key role in the development of future legislation.