Page 39 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 39
ia universitatison the protection and preservation of cultural of enjoyment and accessibility (Article 96). The
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 39 goods Act on the protection and preservation of Ministry may also perform expropriation of real
cultural goods). It is thus collected on two bas estate for carrying out interventions of archaeo
es: on the basis of the square meter of the space logical interest (Article 97).
used and on the basis of 0.05% of the income of
individual economic activities. Funds annually Maintenance
amount to over 200 million kuna.11 Public and private owners and holders of cul
tural heritage are obliged to ensure the preser
Italy vation of this heritage (Article 31); according to
In Italy protection of cultural heritage is regu the legal definition, conservation consists of re
lated by the “Cultural Heritage and Landscape search, prevention, maintenance and conserva
Code” (Codice dei beni culturali e del paesaggio12). tion-restorative interventions (Article 30). The
consent of the competent body of the Minis
Ownership try of Culture (or Sopritendenza), which de
Movable and immovable cultural heritage found fines the required conditions of intervention for
underground or in the sea is owned by the state the purpose of granting a tax deduction (Article
(Article 91). 31), must be obtained for all conservation opera
tions. The Ministry may co-finance such opera
Pursuant to Articles 53 and 54 of the “ Cul tions in the amount of half the cost incurred –
tural Heritage and Landscape Code “, certain or even in full amount, if interventions of special
categories of publicly owned heritage comprise a importance are implemented on cultural herit
cultural state property (demanio culturale) and age in public use (Article 35).
are inalienable, that is, real estate and areas of
archaeological interest, real estate proclaimed The Ministry (Soprintendenza) may also
monuments of national importance, collections require owners to implement measures for the
of museums and galleries and libraries, as well as preservation of cultural heritage within a spec
other cultural heritage of the deceased author, ified time limit or directly implement them at
older than 50 years, until it was possibly con the expense of the owner; if the interventions are
firmed in the process of verifying the cultural in particularly important or are implemented on
terest (for the procedure of checking the cultural cultural heritage in public use, the ministry may
interest, see Article 12). finance them partially or in full (Articles 32-34).
The Ministry and regional and local The Ministry takes care of the needs of
self-governments have a pre-emptive right to en maintaining state-owned cultural heritage, even
tire cultural heritage, even if the inheritance has if it is used by other administrations or entities
been disposed of without payment or for the ex (Article 39). Conservation and restoration on
change (Article 60). cultural heritage owned by regional and local
self-governments are, in principle, regulated on
The Ministry may perform expropriation the basis of previous programming agreements
of cultural heritage in the public interest and (Article 40).
against payment (Article 95), as well as the ex
propriation of surrounding facilities and areas Accessibility
for the needs of the renovation of monuments, Publicly-owned cultural heritage is intended for
the provision of views and a decent environ public use and enjoyment by the company, in ac
ment, and the improvement of the possibilities cordance with the needs of protection and insti
tutional use (Article 2).
11 Maja Oven, Katharina Zanier, Ivica Pleština, Josip Višnjić and Ve-
sna Bradamante, Poročilo o primerjavi zakonodaje in konservator- For the immovable cultural heritage in pri
ske prakse varstva kulturne dediščine v Sloveniji in Hrvaški (Lju- vate ownership, which was the subject of conser
bljana - Zagreb: unpublished report ZVKDS - HRZ, 2015), 42.
12 Maria Alessandra Sandulli, ed., Codice dei beni culturali e del paesaggio.
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 39 goods Act on the protection and preservation of Ministry may also perform expropriation of real
cultural goods). It is thus collected on two bas estate for carrying out interventions of archaeo
es: on the basis of the square meter of the space logical interest (Article 97).
used and on the basis of 0.05% of the income of
individual economic activities. Funds annually Maintenance
amount to over 200 million kuna.11 Public and private owners and holders of cul
tural heritage are obliged to ensure the preser
Italy vation of this heritage (Article 31); according to
In Italy protection of cultural heritage is regu the legal definition, conservation consists of re
lated by the “Cultural Heritage and Landscape search, prevention, maintenance and conserva
Code” (Codice dei beni culturali e del paesaggio12). tion-restorative interventions (Article 30). The
consent of the competent body of the Minis
Ownership try of Culture (or Sopritendenza), which de
Movable and immovable cultural heritage found fines the required conditions of intervention for
underground or in the sea is owned by the state the purpose of granting a tax deduction (Article
(Article 91). 31), must be obtained for all conservation opera
tions. The Ministry may co-finance such opera
Pursuant to Articles 53 and 54 of the “ Cul tions in the amount of half the cost incurred –
tural Heritage and Landscape Code “, certain or even in full amount, if interventions of special
categories of publicly owned heritage comprise a importance are implemented on cultural herit
cultural state property (demanio culturale) and age in public use (Article 35).
are inalienable, that is, real estate and areas of
archaeological interest, real estate proclaimed The Ministry (Soprintendenza) may also
monuments of national importance, collections require owners to implement measures for the
of museums and galleries and libraries, as well as preservation of cultural heritage within a spec
other cultural heritage of the deceased author, ified time limit or directly implement them at
older than 50 years, until it was possibly con the expense of the owner; if the interventions are
firmed in the process of verifying the cultural in particularly important or are implemented on
terest (for the procedure of checking the cultural cultural heritage in public use, the ministry may
interest, see Article 12). finance them partially or in full (Articles 32-34).
The Ministry and regional and local The Ministry takes care of the needs of
self-governments have a pre-emptive right to en maintaining state-owned cultural heritage, even
tire cultural heritage, even if the inheritance has if it is used by other administrations or entities
been disposed of without payment or for the ex (Article 39). Conservation and restoration on
change (Article 60). cultural heritage owned by regional and local
self-governments are, in principle, regulated on
The Ministry may perform expropriation the basis of previous programming agreements
of cultural heritage in the public interest and (Article 40).
against payment (Article 95), as well as the ex
propriation of surrounding facilities and areas Accessibility
for the needs of the renovation of monuments, Publicly-owned cultural heritage is intended for
the provision of views and a decent environ public use and enjoyment by the company, in ac
ment, and the improvement of the possibilities cordance with the needs of protection and insti
tutional use (Article 2).
11 Maja Oven, Katharina Zanier, Ivica Pleština, Josip Višnjić and Ve-
sna Bradamante, Poročilo o primerjavi zakonodaje in konservator- For the immovable cultural heritage in pri
ske prakse varstva kulturne dediščine v Sloveniji in Hrvaški (Lju- vate ownership, which was the subject of conser
bljana - Zagreb: unpublished report ZVKDS - HRZ, 2015), 42.
12 Maria Alessandra Sandulli, ed., Codice dei beni culturali e del paesaggio.
