Page 41 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 41
ia universitatisor b) management is granted to third parties er public entities (and on the basis of additional
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 41 through a public tender. It is also possible to in services for visitors) are intended to increase and
clude both management methods. A service con enrich the cultural heritage.
tract is concluded that defines quality levels and
powers of direction and control. The allocation Article 120 of the “Cultural Heritage and
of management of enrichment activities may re Landscape Code” envisages the sponsorship of
late to the allocation for the use of the cultural cultural heritage, that is, any form of contribu
heritage itself, which is the object of enrichment tion by a private entity to carry out activities in
(Article 115). the field of the protection and enrichment of
cultural heritage in order to promote their own
Additional services for visitors (publishing name, brand, image, activity or product. Such
and sale of publications, information and ani promotion must be in accordance with the artis
mation for children, guided tours, catering, ex tic and historical characteristics, the appearance
hibitions and events, promotional activities, etc.) and dignity of the cultural heritage, which must
may be managed in “institutions and cultural be defined in the sponsorship contract.
spaces” (Article 117).
Further agreements with banking founda
Finance tions, which are socially useful goals in the field
As already mentioned (see: Maintenance), the of art and cultural heritage according to the stat
Ministry may co-finance interventions of preser ute, are foreseen for the purpose of coordinating
vation of cultural heritage in private ownership, interventions for the enrichment of cultural her
in part or in full, if interventions are of special itage and the allocation of related financial bur
importance and are implemented on cultural dens (Article 121).
heritage in public use (Articles 34 and 35) .
Discussion and conclusions
Otherwise, the Ministry may make contri Comparing legislatures regarding the accessibil
butions to cover the costs of loans for conserva ity, use and possible fruition of immobile cultur
tion measures that the owners of cultural herit al heritage in Slovenia, Croatia and Italy reveals
age have decided to carry out, which is also the considerable differences, addressed in this chap
case for conservation and restorative interven ter in relation to conditions, particular to the ar
tions on buildings of contemporary architec chaeological heritage.
ture, whose artistic value was recognized by the
competent supervisory conservator (soprinten- Ownership is of particular importance for
dente) (Article 37). the public use of the cultural heritage. This is
particularly true of immobile archaeological her
It should be noted that contributions from itage, whose preservation in situ is characteristi
Articles 35 and 37 have been suspended in 2012- cally in conflict with the functional use of land
2015 for the purposes of balancing public financ by its owners: it can easily happen that an owner
es. of a property with an archaeological monument,
destined to be preserved in situ, is imposed with
The “ Cultural Heritage and Landscape restrictions regarding its use; on the contrary,
Code” (Article 110) defines income on the basis preservation of architectural heritage does not
of entrance fees to state-owned “institutions and hinder the use of land property.
premises of culture” (and on the basis of addi
tional services for visitors) as budget revenues for In all three countries, disowning proper
carrying out interventions for their conservation ty owners (in reasonable cases) or exercising the
and for implementation expropriation and pur right of pre-emption is a foreseeable measure –
chase of cultural heritage, including on the ba in Croatia and Italy, disowning applies to the
sis of a pre-emptive right. Receipts from entrance procedures of archaeological research as well. In
fees to institutions and premises owned by oth Italy, disowning the owners of objects and areas
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 41 through a public tender. It is also possible to in services for visitors) are intended to increase and
clude both management methods. A service con enrich the cultural heritage.
tract is concluded that defines quality levels and
powers of direction and control. The allocation Article 120 of the “Cultural Heritage and
of management of enrichment activities may re Landscape Code” envisages the sponsorship of
late to the allocation for the use of the cultural cultural heritage, that is, any form of contribu
heritage itself, which is the object of enrichment tion by a private entity to carry out activities in
(Article 115). the field of the protection and enrichment of
cultural heritage in order to promote their own
Additional services for visitors (publishing name, brand, image, activity or product. Such
and sale of publications, information and ani promotion must be in accordance with the artis
mation for children, guided tours, catering, ex tic and historical characteristics, the appearance
hibitions and events, promotional activities, etc.) and dignity of the cultural heritage, which must
may be managed in “institutions and cultural be defined in the sponsorship contract.
spaces” (Article 117).
Further agreements with banking founda
Finance tions, which are socially useful goals in the field
As already mentioned (see: Maintenance), the of art and cultural heritage according to the stat
Ministry may co-finance interventions of preser ute, are foreseen for the purpose of coordinating
vation of cultural heritage in private ownership, interventions for the enrichment of cultural her
in part or in full, if interventions are of special itage and the allocation of related financial bur
importance and are implemented on cultural dens (Article 121).
heritage in public use (Articles 34 and 35) .
Discussion and conclusions
Otherwise, the Ministry may make contri Comparing legislatures regarding the accessibil
butions to cover the costs of loans for conserva ity, use and possible fruition of immobile cultur
tion measures that the owners of cultural herit al heritage in Slovenia, Croatia and Italy reveals
age have decided to carry out, which is also the considerable differences, addressed in this chap
case for conservation and restorative interven ter in relation to conditions, particular to the ar
tions on buildings of contemporary architec chaeological heritage.
ture, whose artistic value was recognized by the
competent supervisory conservator (soprinten- Ownership is of particular importance for
dente) (Article 37). the public use of the cultural heritage. This is
particularly true of immobile archaeological her
It should be noted that contributions from itage, whose preservation in situ is characteristi
Articles 35 and 37 have been suspended in 2012- cally in conflict with the functional use of land
2015 for the purposes of balancing public financ by its owners: it can easily happen that an owner
es. of a property with an archaeological monument,
destined to be preserved in situ, is imposed with
The “ Cultural Heritage and Landscape restrictions regarding its use; on the contrary,
Code” (Article 110) defines income on the basis preservation of architectural heritage does not
of entrance fees to state-owned “institutions and hinder the use of land property.
premises of culture” (and on the basis of addi
tional services for visitors) as budget revenues for In all three countries, disowning proper
carrying out interventions for their conservation ty owners (in reasonable cases) or exercising the
and for implementation expropriation and pur right of pre-emption is a foreseeable measure –
chase of cultural heritage, including on the ba in Croatia and Italy, disowning applies to the
sis of a pre-emptive right. Receipts from entrance procedures of archaeological research as well. In
fees to institutions and premises owned by oth Italy, disowning the owners of objects and areas
