Theodosios Tsivolas Law and Religious Cultural Heritage in Europe Foreword by Professor Norman Doe Law and Religious Cultural Heritage in Europe ThiS is a FM Blank Page Theodosios Tsivolas Law and Religious Cultural Heritage in Europe Foreword by Professor Norman Doe Theodosios Tsivolas Athens Greece ISBN 978-3-319-07931-8 ISBN 978-3-319-07932-5 (eBook) DOI 10.1007/978-3-319-07932-5 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014945550 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) To the love of my life, Ani ThiS is a FM Blank Page Foreword One of the most enduring images of Europe, which we conjure up in our mind’s eye, is the picture of landscapes, rural and urban, in which more often than not, somewhere, appears a religious edifice, whether in the foreground or in the back- ground. These church buildings, and other religious sites, both manufactured and natural, as well as the items associated with them—from sacred books through sacred vessels to sacred relics—are precious not only to human life and memory but also to the archeological, architectural, and artistic patrimony of our various peoples. But these buildings and objects have often been the subject of division, dispute, and discord. For both reasons, they are the focus of complex bodies of law—the laws of the State as well as the laws and other norms of the religious traditions to which these entities also belong. Because of the value which they place on religious freedom as a fundamental right, all States in Europe have norms on the acquisition, administration, and disposal of religious property. All States address ways in which to enable religious organisations to enjoy juridical personality so as to exercise rights of ownership and control over that property. And all religious communities have norms on the construction, maintenance, and protection of their religious sites and objects, many of which norms may or may not be mirrored in those of the State. It is a rare scholar indeed who is able to guide us through the complexities of such norms on a European scale as well as bring to life the issues—political, economic, and cultural—which underlie these norms. In this volume, Theodosios Tsivolas has performed these tasks not only with authority but also with serious attention both to the minutiae of the rules involved and to the wider issues associated with them. It is the untidiness of the real world, which the norms of religion law and those of religious law address in matters of the religious cultural heritage in Europe. In this world of the fabric of religious buildings, protecting these and their objects for the enjoyment of future generations, and disputes about them, the laws of States perform a profoundly enabling role. And this feature is one which comes to the fore time and time again in the studies contained in this book. The author is not shy to tackle head on the substantive law with a critical appraisal of this on the basis of evaluation formed within the context of the theoretical vii viii Foreword frameworks in which these legal norms exist. The book’s treatment of current developments and political trends, its definition of the religious cultural heritage, its typology of protected elements, and its meticulous review of international and national norms in the field, is a model treatment of the subject. This is an excellent and most welcome book, which will rank among the classics in the field of law and religion and, I hope, find a place on the shelves of all involved in the religious cultural heritage in Europe. Norman Doe Centre for Law and Religion, The Law School, Cardiff University, Cardiff, UK Acknowledgments Writing this book would not have been possible without the invaluable assistance of my dear friend and colleague Nikos Zannis (LL.M., UCL), as well as the erudite advice and guidance of Prof. Dr. Ioannis Konidaris (University of Athens). For his distinguished contribution to this book, I owe a debt of gratitude to Prof. Dr. Norman Doe (Cardiff University). I would also like to thank Prof. Dr. Silvio Ferrari (University of Milan) for his interest in this study, Prof. Dr. Thomas Coomans (University of Leuven) for his helpful remarks, and Dr. Anne Fornerod (CNRS—Centre national de la recherche scientifique) for her thorough observa- tions. Last but not least, I extend my sincere appreciation to Ms. Anke Seyfried for her assistance in arranging this publication. ix ThiS is a FM Blank Page Contents 1 Introduction .......................................... 1 References ............................................ 4 2 Historical Background .................................. 5 References ............................................ 19 3 Current Developments and Political Trends .................. 21 3.1 The Principles of Pluralism and Neutrality . ............. 21 3.1.1 Religious Pluralism ........................... 21 3.1.2 Aspects of Neutrality . ......................... 24 3.2 European Policies on Religious Culture . ....... 29 3.2.1 European Union . ............................ 29 3.2.2 Council of Europe . 32 References ............................................ 37 4 Defining Religious Cultural Heritage in Europe ............... 39 4.1 Conceptual Basis .................................. 39 4.1.1 Religious Memory . ........................... 39 4.1.2 Religious Aesthetics . 43 4.1.3 Religious Beliefs . ........................... 45 4.2 Legal Dimensions . ............................... 49 4.2.1 European Union . ............................ 50 4.2.2 Council of Europe . 52 4.2.3 UNESCO . ............................... 56 References ............................................ 64 5 Typology of Protected Elements ........................... 67 5.1 Functional and Non-functional Elements . 67 5.1.1 Objects .................................... 69 5.1.2 Structures . ................................ 71 5.1.3 Sites . ..................................... 74 xi xii Contents 5.2 Tangible and Intangible Elements ...................... 79 5.2.1 Sacred Items . 80 5.2.2 Religious Music . ............................ 82 5.2.3 Rituals . ................................... 85 5.3 Elements of Public and Private Property . 86 References ............................................ 93 6 Criteria of Protection ................................... 95 References ............................................ 101 7 The Status of Res Mixtae ................................. 103 References ............................................ 110 8 European and International Legislation ..................... 113 8.1 European Union . .................................. 114 8.2 Council of Europe . ................. 117 8.3 UNESCO . 120 References ............................................ 123 9 Select National Legislations .............................. 125 9.1 Austria . ......................................... 126 9.2 Belgium . 129 9.3 Cyprus.......................................... 133 9.4 Denmark . 135 9.5 France .......................................... 137 9.6 Germany . 142 9.7 Greece . 148 9.8 Italy . ......................................... 152 9.9 The Netherlands ................................... 156 9.10 Spain . ...................................... 159 9.11 Sweden . 163 9.12 United Kingdom . ................................. 168 References ............................................ 172 10 Conclusion ........................................... 177 References ............................................ 180 Index ................................................... 181 Chapter 1 Introduction Remnants of things that have passed away, Fragments of stone, reared by creatures of clay The Siege of Corinth, 1816 Lord Byron