Cultural
Heritage Legislation
Southeast Europe
The research project encompassed three distinct types of activities:
- extensive library research in the project area involving study of the legislations of the former socialist countries in Southeast Europe in the area of cultural heritage combined with a study of the latest European trends in heritage protection in management to identify main theoretical divisions and best practices;
- contacts and interviews with local and international professionals involved in work in the area;
- development of research and policy papers
and uploading them on the project website.
1. International instruments:
- Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by UNESCO in 1972
- Operational Guidelines for the Implementation of the World Heritage Convention
- International Charter For The Conservation And Restoration Of Monuments And Sites (The Venice Charter- 1964) (ICOMOS)
- The Florence Charter (Historic gardens and landscapes) – 1981 (ICOMOS)
- Charter on the Conservation of Historic Towns and Urban Areas – 1987 (ICOMOS)
- Charter for the Protection and Management of the Archaeological Heritage – 1990 (ICOMOS)
- International Charter on Cultural Tourism – 1999 (ICOMOS)
- ICOMOS Charter – principles for the analysis, conservation and structural restoration of architectural heritage - 2003
- European Convention on the Protection of the Archaeological Heritage (revised) (European Treaty Series No. 143), 1992; (Valletta Convention)
- Convention for the Protection of the Architectural Heritage of Europe (European Treaty Series No. 121), 1985; (Granada Convention)
- European Convention on Offences relating to Cultural Property (European Treaty Series No. 119), 1985.
- Recommendation Rec(2003)1 of the Committee of Ministers to member states on the promotion of tourism to foster the cultural heritage as a factor for sustainable development
- Recommendation no. R (98) 5 of the Committee of Ministers to member states concerning heritage education
- Recommendation no. R (97) 2 of the Committee of Ministers to member states on sustained care of the cultural heritage against physical deterioration due to pollution and other similar factors
- Recommendation no. R (98) 4 of the Committee of Ministers to member states on measures to promote the integrated conservation of historic complexes composed of immoveable and moveable property
- Resolution (98) 4 on the Cultural Routes of the Council of Europe
3. National laws studied:
- Cultural Monuments and Museums Act, 1969, Bulgaria
- Protection of Culture Act, Bulgaria
- Draft Monuments of Culture Act, Bulgaria
- Regulation No. 6 on using and presenting immovable cultural monuments, 1979, Bulgaria
- Regulation No. 5 on declaring immovable cultural monuments, 1998, Bulgaria
- Cultural Goods Act, 1994, Serbia
- Public Interest Activities in the Area of Culture Act, Serbia
- Law on the Financing of Public Needs in Culture (Revised Text), Croatia
- Law on Cultural Councils, Croatia
- Law on the Protection and Preservation of Cultural Property (OG, no. 69/99), Croatia
- Law on Cultural Funds (OG, no. 47/90), Croatia
- Law on the Protection of Cultural Heritage, 2004, Macedonia
- Cultural Heritage Act, 2002, Malta
- Act LXIV of 2001 on the protection of cultural
heritage, Hungary
4. Books and treatises:
- Policy and Law in Heritage, Edited by Robert Pickard, SPON Press, 2001
- Heritage: Management, Interpretation, Identity, Peter Howard, London : Continuum, 2003
- Rethinking Heritage: Cultures and Politics in Europe, Robert Peckham, London; New York : I.B. Tauris, 2003
- Privatization and Culture: Experiences in the Arts, Heritage and Cultural Industries in Europe, Peter Boorsma, Boston; London: Kluwer, 1998
- Cultural Heritage Statutes, Ruth Redmond-Cooper, Ruth and Norman Palmer, Leicester : Institute of Art and Law, 1999
- European Heritage, Planning and Management, Peter Howard, Exeter Intellect Books, 1999
- Legal Structures of Private Sponsorship, Editor Florian Fiedler, ICOMOS, 1997
- Politics and Preservation, A Policy History of the Built Heritage, 1882 - 1996, John Defafons, Chapman & Hall, 1997
- Law on Monuments in Macedonia, Jovan Ristov, Kultura, 2003
- The Terminology of Monuments, Jovan Ristov,
Institute for the Protection of Cultural Monuments of Macedonia, 1997
5. Comparative legal materials:
- Parliamentary
Assembly of the Council of Europe, Tax
incentives for cultural heritage conservation, Doc. 9913 rev. 13
November 2003, Report, Committee on Culture, Science and Education,
Rapporteur: Baroness HOOPER, United Kingdom,EDG
-
European Heritage Network, HEREIN, National Heritage Policies
II. Contacts & Interviews
- Todor Krestev: During the reporting period I established a contact with Prof. Todor Krestev. Prof. Krestev is a Professor of Architectural Heritage Preservation, at the University of Architecture, Construction and Geodesy, Sofia. He is also President of ICOMOS Bulgarian National Committee and Bulgarian representative on the Steering Committee for Cultural heritage (CD-PAT) to the Council of Europe. Mr. Krestev advised me on the current situation of cultural heritage protection in the region, provided to me some of the research materials and recommended future contacts that could contribute to my research.
- Robert Pickard: Mr. Pickard is a member of the Legislative Task Force of the Council of Europe and an author or editor of numerous books on cultural heritage. In addition, Mr. Pickard has been closely involved in the regional Programme for Cultural and Natural Heritage in Southeast Europe and is aware in particular of the developments in Bulgarian legislation since he had been asked to comment on the Draft Cultural Monuments Act currently pending in Parliament.
- Tzvetelina Yosiffova: Ms. Tzvetelina Iossifova is co-founder of the Centre of Culture and Debate "The Red House". In addition to being a venue for various cultural and artistic events, as well as for political and social programmes, this centre is restoring and putting to a new use a remarkable old building in the centre of Sofia while encountering many of the problems associated with finding sustainable uses for built cultural heritage in transition countries. Their experience will be drawn upon in analyzing and suggesting possible measures for ensuring the economic viability of built heritage in the centre of cities through its adaptation to new uses.
- Peter Miladinov: Head of European Integration Department, International Cultural Policy Directorate, Ministry of Culture, Bulgaria. This contact had been recommended to me by Prof. Krestev. Mr. Miladinov is very well acquainted with the legislative initiatives in the area of cultural heritage in the region and is also the contact person between the working group on the new Cultural Monuments Act in Bulgaria and the Secretariat of the Council of Europe.
- In the period 7 – 9 October 2004 Bulgaria hosted a regional conference on the legislation for the protection of cultural heritage in Southeast Europe. I attended the forum and had conversations with some of the project states representatives.
- Peter Alexander-Fitzgerald: UK Heritage Law Academic and founder of the Heritage Law internet portal. I have joined the mailing list of the Heritage Law group and my website created under the IPF has been included among its resources as reference for Bulgaria.
- Jovan Ristov, Director of the Cultural Heritage
Protection Office of the Macedonian Ministry of Culture. Mr. Ristov was
the principal drafter of the new Macedonian law on cultural heritage,
which proved to be one of the most forward-looking in the area and was
used throughout the research paper as a model.
- Other Macedonian professionals from the Cultural
Heritage Protection Office.
- Hungarian professionals from the relevant
Cultural protection body.
- Museum professionals throughout Bulgaria.
- Legal experts working with the National Assembly
Legislative Committee.
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.