CONSBJL INTBRNAT IONAL I c tr.MOS ons MONUIIIENTS ET OBS SITES ----r---- )

ROMANIAN NATIONAL ICOMOS COMMITTEE & INTERNATIONALl SCIENTIFIC COMMITTEE ON LEGISLATIVE, ADMINISTRATIVE AND FINANCIAL ISSUES - I C L A F I ------

INTERNATIONAL CONFERENCE :

THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN THE ADMINISTRATIVE AND THE ADVISORY BODIES.

SIBIU, 1-3 NOVEMBER 2007 - - - ! ,,r,

I L,, r © COMITETUL NATIONAL ROMAN I COMOS EDITOR: SERGIU NISTOR ISBN 978-973-8401-25-9 SIBIU, EDITURA ETAPE, 2007 INTERNATIONAL SCIENTIFIC COMMITTEE ON LEGAL, ADMINISTRATIVE AND FINANCIAL ISSUES (ICLAFI) 2 0 07 REPORT

James K. Reap, President

Names and Titles o f Committee Officers and Bureau Members, 2006-2009 :

James K. Reap, President USA Gideon Koren, Secretary General Israel Anne Marie Draye, Vice President Belgium Hristina Staneva. Vice President Bulgaria CONTENTS Graeme Wiffen, Vice President Australia

Activities since September 1, 2006: ICLAFI 2007 Report - James K. Reap, President...... 3 Introductory presentation Sergiu Nistor - Romania ...... 5 • Annual m eeting and sympos ium. November Graeme Wiffen - Australia ...... 7 26-December 1, 2006, Hiros hima, Japan. Anne Marie Draye - Belgium ...... 11 • Election of Bureau Svetoslav Georgiev - Bulgaria ...... 19 • Completion of draft guidelines for the Satu-Kaarina Vittala - Finland ...... 23 development or revision of statutes by National Committees (NCs) Dr. Werner von Truetzschler - Germany ...... 25 • Completion of guidelines for the development Athina Christofidou - Greece ...... 27 or revtsion of statutes by the International Adv. Gideon Koren - Israel ...... 35 Scientific Conm1ittees (ISCs) Roberto Nunez Arratia, Ernesto Becerril Mir6 - Mexico ...... 39 • Assistance to the Secretariat on completion Alberto Martorell Carreno - Peru ...... 43 of an agreement for the translation and publication of ICOMOS Charters in Arabic Vojciech Kowalski - Poland ...... 47 • Assistance to the Secretariat on legal issues ICLAFI Symposia 1997-2000 Arch. Adrian Craciunescu - Romania ...... 51 • Assistance to various ISCs on statutory and Luis Antonio Anguita Villanueva - Spain ...... 57 other legal issues 1997 Weimar, Legal Structures of Private Prashantha B. Mandawala - Sri lanka ...... 61 • Implementation of a new Committee website Germany Sponsorship James K. Reap - United Statea of America ...... 65 • Proposed the development of an ICLAFI 1999 Toledo, Spain Protection Through electronic journal Planning, : Public Brief member ship ICLAFI 2007 ...... 71 Participation in Planning and Listing Processes Presentation ICLAFI 2007 ...... 73 Publications since September 1, 2006: Fotocronica ...... cop III IV 2000 Brijuni,Croatia The Economic Impact of Financing Conservation • The Protection of Archaeological Heritage; and Res toration La Protection du Patrimoine Archeologique, 2001 Ein Bokek, Lega l Methods of the proceedings of the ICLAFI symposium Israel Furlhering Urban Held in Brussels, Belgium 23-26 Preservation November 2005, Publication du Cornite 2002 Athens, Georgia Conservation, Heritage, National Beige D'ICOMOS USA Law 2003 Paris, France Cultural Palrimony and • World Heritage Conve ntion and the Buffer Decentralization Zone, selected papers presented at the 2004 Plovdiv, Bulga ria Tax and Other Economic ICLAFI symposium in Hiroshima, J apan Incentives 26 November 1 December, 2006, 2005 Brussels, The Protection of published by ICOMOS J apan. Website Belgium Archaeological H containing the full proceedings of the 2006 Hiroshima, World Heritage Convention symposium: http://www.law.kyushu­ J apan and the Buffer Zone u.ac.jp/programsinenglish/hi.roshima/in 2007 Sibiu, Romania The Role of Advisory dex.htm Bodies in the Preservation of Historic Monuments

3 THE DINAMICS OF THE RELATIONSHIP BETWEEN THE STATE AND THE ADVISORY BODY IN CONSERVATION IN ROMANIA (1890/2007)

Introductory presentation

By Sergiu NISTOR, Arch., PhD, Ass.prof. President of the Romanian National Committee of ICOMOS

The first moment of public concern about the fate of the historic buildings existing on the Romanian territory was marked, not surprisingly, by the period of the fi rst restoration works the newly independent Romanian state commissioned in la te XIXth century. S hortly after declaring the state as the Kingdom of Romania ( 1881). King Charles I as ked the French a rchitect Anatole de Baudot to expertise the state of the Romanian major his toric monuments. i.e. the historic monasteries and churches of th e former capitals of Iassy, Targoviste and Curtea de Arges. Later on, Andre Lecomte, a close to Anatole de Baudot was commissioned to sta rt the restoration work at Curtea de Arges Bishopric Church and monastery so to transform it in a symbol of the new s tatu s of the Romanian kingdom. Restoration work at this monument was carried out in the manner of the Fren ch school of restoration of the late Eugene Emanu el Viollet le Du e. Removal of the antique parts an d su bjective replacements and reconstruction were the characteristics of the restoration work done by Andre Lecomte (later taking the nam e of Andre Lecomte de Nouy). With respect to this, a growing discontent and criticism on behalf of historians, architects and writers lead in 1892 to the enforcement of the fi rst law for the protection 1l is LU ric Monu ments (1 959), at its turn closed by of his toric monuments : The Law for the Ceau sescu in December 1977 because of his Conservation and Restoration of Public inten tions of changing the face of Romania into a Monuments. But before that law was passed in n ew socialist appearance. the Parliament, and mostly because of the public Followin g the Rom anian Revolution of attitude against th e Andre Lecomte restor ations, December 1989, after 13 years of quasi total a Committee fo r the Resistance against the neglect on behalf of the state authorities (to say Destruction of Historic Monuments (lead by the least). in March 1990 a Decree calls back to arch. G. Sterian, 1890) and an Honorary existence a National Commission for Historic Commission of Public Monum ents (1 890) were Monuments , Ensembles and Sites (NCH MES). ins tated . That latter Commission was in 1900 According to the a dministrative and political renamed as The Commission for Historic model of the relationship between the Parliament Mon uments and reconsidered as both a and the Government. the Decree appoints the scientific an d administrative body. It played until NCHMES (a scientific body composed of 1945 a major role in the preservation and academics, archaeologis ts, architects. art restoration of the historic monuments in historians, painters and restorers) as the Romania. decisional body in the preservation of historic After the Ilnd World Wa r and the taking monuments and stipulates that a Directorate for over of Romania by Commu nism, the Historic Monuments (DHM) is to be the executive Commission for Historic Monuments (as an body. Giving decisional powers to an academic adminis trative agency) was first closed (1948) body was probably because of the fact that th e and later on replaced by the Directorate for major destructions of the cultural heritage of 5 Romania. cleciclecl by the comnmnist regime, the Ministry of Culture without a su bmission of THE ROLE OF ADVISORY BODIES IN THE PRESERVATION encountered a fragile opposition only from the the problem to the National Commission for OF HISTORIC MONUMENTS AND THEIR RELATIONSHIP thin strata of th e ar t historians and historians. Historic Monuments . Not only this system was some of t hem from Romania . some other from time consuming but also produ ced a lot of WITH ADMINISTRATIVE BODIES abroad. controversies and legal appeals on behalf of the own ers. complaining abou t the technical Graeme Wiffen - Australia In fact. it was the same situation as contents or even asking the can cellation of th e exactly on e h undred years ago: the civil society acts received from the Minist1y of Culture. was taking the lead in th e preservation of the cultural heritage, due to its strong reaction The adviso1y and th e ad1n inistrative against the destruction of historic m onuments. bodies with responsibilities for the preservation The Commonwealth of Au stralia is a fede­ In 1890 against th e destructions of the "Fren ch of t he historic environmen t in Romania are now ration comprising th e national government, six restoration sch ool", in 1990 against th e effects of facing a very tou gh situation: the economic original States and two largely self-governing the destructions and n eglect th e monuments development of the country forces the federal territories. Each of these 9 jurisdictions faced in th e communist period . administration to be very fast and precise in its has heritage legislation to protect places of acts; it is more and more frequen t th at own ers or This particular relations h ip between the heritage significan ce. and sets up an importan t developers call the Ministry of Culture in ju stice advisory b ody. 1 These are: ·NCHMS an d the OHM, as decisional and in order to claim their interests. fn this respect. executive bodies ended in 1994, due to an there is a pressure fo r a n ew relationship administrative reform meant to put the National between th e adviso1y bodies (in historic Aust ralian Heritage Council organization al st ructure of the Minist ry of m onumen ts, arch aeology or movable cultural Cultu re in line with th e provisions of the heritage) and the administrative ones, to make it democratic Constitution approved by referendum States more efficient and respectful to the Heritage Council of New Sou th Wales in December 1991. The NCHMS became a constitutional and legal framework. Queensland Heritage Cou ncil scientific body to advice th e Minister of Culture Heritage Council of South Australia thru the Direction for Historic Monuments. Baring in mind all t hese facts, th e Tasmanian Heritage Council Nevertheless. the responsibilities of the NCHM Romanian ICOMOS National Committee invited Heritage Council of Victoria (as it was called after 1994, loosing the last S the International Scientific Committee on Legal. legisla tion on world heritage, national heritage Heritage Council of Western Au stralia from "sites") were practically the same as before, Administrative and Finan cial Issues to held its and the protection of governmen t owned heritage th e Commission h aving t he duty to propose th e annual conferen ce in Sibiu with the theme: The items, called Comm onwealth h eritage places. Territory approval or t he rejection of th e permit to be role of the advisory bodies in the p reservation of The term "heritage" includes both cultu-ral and historic monuments. The relationship between the Australian Capital Territory Heritage Council n atural places, and "cultural" includes the issu ed by the Min ister of Culture with respect to Heritage Adviso1y Coun cil of the Northern t he listing and the interventions u pon historic administrative and the advisory bodies. We do heritage of th e indigenou s population and of Territ01y. monuments, in their b uffer zone, etc. Practically hope that we will all take profit from the debate, more recent, predominantly European , migrants. to the ben efit of the preservation of ou r historic there was no administ rative act in respect to the A. Advisory bodies in n ational legislation historic environment which could be issu ed by monuments . There are other scientific advisory bodies A. l Legal statu s of a dvisory bodies u nder the legislation for issu es such as wh ether species are endangered or threatened. Two pieces of n ational legislation en acted by the Parliament of th e Commonwealth of A further advis 01y body is planned for matt­ Australia are important in the protection of ers of indigen ous heritage. heritage places in Australia : • Australian H eritage Council Act. 2003 and Also at the n ational level, the Nationa l the Cultural Heritage Committee a dvises on the • Environmen t Protection and Biodiversity import and export of items of movable heritage. Conservation Act 1999 The relevant legisla tion is the Protection of Movable Cultural Heritage Act 1986 which gives The Australian Heritage Council is the effect to the UNESCO Convention on the Means of nation al advis01y body and is established under Prohib iting and Preventing the fllicit Import, Export the Australian Heritage Coun cil Act as an and Transfer of Ownership of Cultural Property. independent statutory body. A.2 Decentralized advisory bodies A complex national legal and adminis trative Each of the six States and the two Territories scheme for th e protection of th e values of h as a Heritage Cou ncil set up by legislation in heritage places is established u nder the Enviro­ the jurisdiction with responsibilities relating to nment Protection and Biodiversity Con servation the State or Territory Heritage Register. Act, which also regulates environmental matters. The legislation adopts an environmental impact In the States, local government councils have assessment model. The Au stralian Heritage respon sibility for places of local heritage Coun cil advises t he nation al Minister with significance. Th e r elevant State Heritage Coun cil responsibility in h eritage matters under that has an a clvis01y role for local government. Places of local heritage are listed under Sta te land use

I planning legislation, as local councils generally Discussed in Ben Boer ancl Graeme Wiffen Heritage Law in Australia have administrative and n ot legislative powers. (OUP) 2006. 6 7 ------·------' ·-~----·------~---~.----·------~------The Territories do not yet separately identify threatening actions and allows time for the C. The membership of the advisory bodies a chief of staff in the Heritage Council Office in matters as of local heritage significance. heritage significance of the place to be assessed. Cl. Membership: number, professional the States and Territories. eligibility, incompatibilities and time of mandate. A.3 The functional relationship between the B.2 Advisory competences There are 9 relevant bodies in Australia. To D3. Conflicts between decisions taken by the advisory bodies and the central, regional and At the national level, the Australian Heritage summarise, membership is from 8 to 15 advisory bodies and the administrative local administration Council is purely advisory. The Minister issues members, appointed on the basis of expertise in structures. all relevant approvals, permits, etc, through the an area stipulated by the legislation, or on The fonnal division of responsibilities relating The relationship between the advisory bodies relevant government department, the Australian nomination of relevant professional and to listing is based on the assumption that this at the two levels of government, that is the Department of Environment and Water government and non-government bodies. should not occur. Advice is given to the relevant Australian Heritage Council of the Resources, which has large heritage divisions. Minister, which is accepted or not. Informal Commonwealth, on the one hand, and those of Incompatibilites - it would be expected that relationships between elected Ministers and the States and two larger Territories, on the In the States and Territories, even where the incompatibilities would be identified in the appointed members of advisory Councils is little other, is informal. There is no clear legislated formal listing function is with the Minister, the selection process. To bolster the independence of explored in the Australian context. functional relationship. Co-ordination is through Heritage Councils have their own expert staff the Heritage council, members may only be Councils of relevant Ministers and committees of and issue relevant permits and approvals. They dismissed for limited reasons, such as insanity, E. Local government advisory bodies involved departmental officers. also negotiate directly with owners, and initiate a criminal offence, banknlptcy or repeated in the preservation of the historic monuments legal prosecutions. failure to attend meetings. See above. The national Environment Protection and Biodiversity Conservation Act 1999 empowers the B.3 Monitoring and control competences All members have a statutory term of office, E. l The competences of the decentralized or national Minister with responsibility for heritage At the national level, the Australian Heritage usually 3 to 5 years. local advisory bodies in historic monument matters to stop actions that may threaten the Council is purely advisory. The Minister has the preservation. heritage values of a World, national or formal power to monitor and control, which is C.2 Appointment of advisory bodies and the Local government bodies have responsibility commonwealth heritage place or to allow actions carried out through the heritage divisions in the selection procedures of their members for heritage matters as part of their land use subject to conditions. This Act has an objective Minister's department under the Environment The general situation in Australia is that planning functions. In this they administer of "co-operative federalism" and the Minister Protection and Biodiversity Conservation Act. appointments to statutory bodies are by the planning schemes legislated by State or Territory may carry out his responsibilities in The national legislation also provides for citizen relevant Government, national, State or authorities. Thus while the national, State or collaboration with the relevant Minister in a initiated court actions to stop threatened Territory. Formally, appointment is by the Head Territory Heritage Councils concentrate on the State or territory goven1ment, TI1e Minister may, breaches of the legislation. of State, the national Governor-General, a State question of heritage significance, local councils for example, stipulate as a condition that the Governor or the Administrator of a Territory. consider heritage as one issue in an application proponent comply with management principles At the State and territory level, the expert Australia has the British derived division of for consent to development of a site. This may formulated by a State or territory heritage staff of the Heritage Councils carry out moni­ powers and these officials are considered to have present conceptual problems for them. council. Protection of the recently listed Sydney toring and control, including initiating legal only formal powers and are expected to act on Opera House is augmented by amendments to prosecutions. the advice of the relevant government. E.2 The relationship between decentralized or planning provisions relating to the City of locally set tip advisory bodies and local Sydney and Sydney Harbour under laws of the At the local government level, heritage places D. The relationship between the advismy government. relevant State, New South Wales. are listed in Schedules to the land use planning bodies and the administrative structure in res­ laws administered by local councils. In matters pect to the preservation of historic monuments. There are no decentralized or locally set up B. The competencies of advisory bodies with of local heritage significance, all relevant advisory bodies at the level of local government respect to the preservation of historic monu­ approvals and permits are issued by the local As described above, at the national level, the required by legislation. All relevant functions are carried out by the elected members of the local ments. authority. The State Heritage Council assumes Australian Heritage Council is purely advisory control if a place were, on reconsideration, and the administrative structure is located in a council. B. l Listing competencies thought to have State significance in which case government department. At the State and Generally, Heritage Councils at the two levels it would be given permanent or interim listing on Territory levels each Heritage Council has its Judicial Review of heritage decisions of government in Australia do not have the the State Heritage Register. own staff. Australia does not have a general system for listing function for heritage places. Listing is by referring to courts the administrative decisions the relevant government Minister on the advice B.4 Competences - World Heritage List proce­ D 1 . The decision making process in the of Ministers and bureaucrats. This also applies of the relevant Heritage Council. At the national dures activity of the advisory bodies to decisions regarding heritage places. level, the predecessor to the Australian Heritage World Heritage listing has been a The Heritage Councils meet in formal Council, called the Australian Heritage controversial issue in Australia. The listing of the meetings at which minutes are taken. While In sketching the position it necessary to distinguish between "review on the merits" and a Commission, had a listing function, but this was Tasmanian Wilderness Areas was the issue, generally, the Councils advise the Minister on review of the decision making process. A review lost when the Commission was replaced by the which first lead to involvement by the national whether the values of a place are sufficiently ' government in heritage issues. Until then, land significant to justify listing they do not have to on the merits is enabled by legislation. The I new Council. · Australia Icomos criticised this change as confusing and put forward an ideal use regulation was thought to be the function of wait till a place is referred to them. They may act legislation that sets up an Administrative Review ii distinction between the scientific function of the States. Under the Australian Constitution, on their own initiative, on a referral from the Court or Tribunal, enumerates the adminis­ trative agencies thal are subject to it. Where it is listing, which should reside with CX'Jlerts, with World heritage is regulated under the national relevant government Minister, or after receiving a available it involves the court or administrative the political function of allocating resources to government's power to make laws with respect to submission from the public. tribunal considqring whether or not a decision is management. Only two jurisdictions in Australia "external affairs", which includes the power to enter into and enforce international treaties, in a good one and, if thought · necessary, to have adopted this distinction. D.2 The decision making process in the this case the World Heritage Convention. Tims administrative structures substitute its decision for that of the original It is not uncommon at the State and territory only the national government, advised by the The administrative structures are contained decision maker. level for the Heritage Council to have the power Australian Heritage Council, has competence in in Departments in the national, State or The common law, or judge made law, of to give a heritage place interim or provisional world heritage matters. State and territory Territory civil services. Thus they adopt the form Australia, derived from British sources, provides registration. This step is sufficient to halt any governments will only be involved through a of administrative hierarchies, lead by a desire for co-operative federalism. Departmental Secretary at the national level, or for the review of a decision making process 8 9 where the rights or obligations of a citizen are object. affected. This unwritten law has far less certain • to can cel the registration of a place or THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION boundaries. It enables a citizen to appeal to the object. OF THE HISTORIC MONUMENTS courts on U1e basis of a defect in the decision Even more unusual in the Australian context THE RELATIONSHIP BETWEEN THE ADMINISTRATIVE making process. To lawyers not versed in this is that the AAT may review a decision by the AND THE ADVISORY BODIES area, the criteria seem extremely subtle. They Minister to enforce the protective provisions of derive from three principles, two of which are the Act. from Roman Law. that proscribe bias and give a Permits and Approvals Anne Marie Draye - Belgium right to a hearing. The third major criteria is that Generally, outside the Australian Capital th e decision maker must behave reasonably. To Territory decisions by Heritage Councils as to act reasonably, the decision maker must take actions that may or may not be taken with Preliminary remark. into account all relevant factors, and no respect to listed h eritage places are not subj ect irrelevant factors. A decision may also be to review by an Administrative Court or The answers to the questionnaire will mainly deal ch allenged on the basis that it is a decision that Tribunal. A citizen may, however, formally no reasonable person could h ave come to. The approach the relevant Minister to reconsider the with the situation in the Flemish Region. Belgium is indeed a federalized countiy, in which the result of this form of judicial review is for the issue. question to be sent back to the original decision competence for heri tage preservation belongs to the regions. Where relevant. references to or maker with guidance as to h ow it sh ould be Local government addressed. Finally, there is another general Appeals from the planning decisions by local compaiisons with other regions, especially with the ground of review on a complaint that the government councils m ay be taken on appeal to Region of Brussels- Capital, will be made. The legislation provides steps that are to be taken a State planning court or tribunal. situation in the Walloon region is quite similar to which h ave not been followed. Issues relating to h eritage places of local the situation in the Flemish Region significance are part of this process. As Administrative review in heritage discussed. this bluning of administrative and A. The advisory bodies in the national A decision to lis t a h eritage place by a legal roles is unusu al in Australia legislation Minister in a Commonwealth , State or Territory government is not subject to review on the F. Annexes (legal texts relevant for the A.1 The Legal status of the advisory bodies in the merits. Whether th e decision malting process is subject, statistics. etc.) national legislation open to review is being determined in individual court cases. It appears the Courts are expanding All relevant legislation an d cases are most Already in 1835, very shortly after the their reach in this area. There have been a small conveniently collected by the Australian Legal independence of the country, a Royal Commission number of heritage cases that involve the Information Institute. located on for Monuments was created by royal decree. The in the five Flemish provinces. the members can identification of heritage significan ce or the www.austlii.edu. au. duty of this commission consisted of advising the support the central Commission in its tasks by e.g. listing of heritage places. Belgian government about several aspects of gathering specific information about goods to be The major pieces of legislation are: monument preservation. protected, U1e good or bad condition of protected Appeals in the Australian Capital Territory In 1912, the competences of this advisory board monwnents... The most recent piece of heritage legislation National were extended to the landscapes. From that When we use the tenn "Commission" in this in the Au sb-alian States and Territories contains Australian Heritage Council Act 2003 and moment on. we talked about "the Royal text. we refer at the "Central Commission". a variation on the pattern set ou t above. The Environment Protection and Biodiversity Commission for Monuments and Sites". The central Commission is divided up into five Heritage Council of the Australia Capital Conservation A ct 1999 1970 Was the start of an important state reform divisions, respectively dealing with monuments and Territory is one of two of the Ausb-alian Heritage Protection of Movable Cultural Heritage Act in our country. 111e competence for the protection of urbai1 and 1ural sites, landscapes, archaeology, Councils that lists heritage places, rather than 1986 immovable heritage was transfen-ed from the nautical he1itage and heraldry. just perfo rming an advisory role, malting national state level to the Cultural Councils and the recommendations to the Minister on wh ether a States Communities, later on (first of January 1989) to the A.2 National advisory bodies / deconcentrated / place should be listed. An intriguing initiative in H eritage Act 1977 (New South Wales) Regions. This evolution led to sepai-ate legislation, decentralized advisory bodies (if there is the case) the Heritage Act of th e Australia Capital Queensland Heritage Act 1992 (Queensland) decrees in which the principle of an official advisory Territory is the provision of an a ppeal to the Heritage Act 1993 (South Australia) boai-d was insc1ibed and to the creation, by As mentioned above, a one and single national Administrative Appeals T1ibunal of the Territory. Histo,ic Cultural H eritage Act 1995 regional governmental decrees, of several "Royal adviso1y body does not exist any longer. Talcing into (Tasmania) Commissions for Monuments and Sites": one for account the almost exclusive regional competences The legislation sets out a long list of Heritage Act 1995 (Victoria) each of the U1ree Regions and one for the German for he1itage preservation - the national level reviewable d ecisions (s 112). Some are Heritage of Western Australia A ct 1990 Community. Due to a special legal regime, this remained competent only for tax matters -. the fundamental questions in a heritage protection (Western Australia) Community regained competences for cultw-al creation of regional Commissions was a logical system based on lists a nd inclu de a decision by heritage. evolution. th e Coun cil: Territory In the Flemish Region, the Governmental decree • not to provisionally register or list a place Heritage A ct 2004 (Australian Capital of lhe fifth of Mai-ch, 2004 "concerning the We notice in some local communities the or object (para. l 12(a)); Territory) composition, the organization. the competences and existence of "Monument Councils", rende1ing • to register, or not register, a place or Heritage Conser-vation Act (Northern Territo,y). the functioning of the Royal Commission for advices to the local communities for all kind of Momm1ents and Sites of the Flemish Region", is the questions related to the (protected) he1itage situated most relevant document. on the own territory. We are confronted here with a In fact, U1e Comm ission is composed of a central volw1taiy system, without ai1y real legal status. Commission ar1d of c01Tesponding members. The tasks of this con-esponding members are not properly defined in the governmental decree. Living 10 11 A.3 The fw,ctional relationship beiween the Commission advice leads to the annulment of the C.1 Members (nwnber, professional eligibUity, presented by the Parliament, 6 members are chosen advisory lxxiies and the central, regional and local protection decree. incompatibilities, time of mandate) after proposal by the Commission itself. administration Although the advice is not binding for the The Flen1ish Co111111ission consists of maximum D. The relationship between the advisory As such, there is only a functional relationship Minister deciding on the definitive protection, in 52 members divided over the five divisions: bodies and the administrative structure in between the Commission and the competent practice, it is almost always followed. If the minister . dMsion monuments and urban and nrral respect to the preservation of historic minister, eventually represented by his does not follow the advice, the reason therefore sites: maximum 14 members; monuments I administration. The texic of the governmental decree. must be part of the motivation of his final decision. . division landscapes: maximum 10 members I I creating the Royal Commission, is quite clear in this i, . division archaeology: maximum 10 members: D.1. The decision making process in the activity regard: the Commission is gi,ing, on demand or on All the decrees on the protection of the . division nautical heritage: maximum 6 of the advisory bodies inlmovable heritage also foresee a Commission its own initiative, advice to the minister, and only to 1nen1bers; him. A<;lvices of the Royal Comrnission are advice in case of radiation of a protected good from . dMsion heraldry: maximum 6 members. The governmental decree stipulates that the confidential: it is the decision of the minister to the list. Nonnally, reunions are organized at the level of quorum consists of the majority of the members of make them public if there is a need to do so. So for the divisions, once a month. Every year there is one the Commission or of one division, the president instance local authorities seeking for an ad,ice of B.3 Monitoring and control competences (if any) plenary session, where the five divisions meet. included. The advices of the Commission are the Raval Commission on a concrete matter, must rendered by the majority of the members present • obligat;ry pass by the competent minister or by his, Legally spoken, tl1e Royal Co111111ission of the The members arc appointed by tl1e competent and voting. In case of equality of votes, the vote of regional, administration. Flemish Region does not have monitoring or control minister for a period of 4 years. Mandates can be the president is conclusive. competences. In practice, the competent prolonged by new terms of 4 years. Members can Very important is the obligation for the B, The competences of the advisory bodies in administration asks from time to time for an stay until the age of 70, at that moment they are Commission to motivate its advices. respect to the preservation of the historic opinion on a concrete restoration project. Such an considered to be resigning. The minister can monuments opinion hasn't got any legal value. confrnn a mandate, in exceptional circumstances, D.2 The decision making process in the The Commission is rendering an obligatory until the age of 75 is reached. administrative structures B.1 Listing competences advice in case of compulsory purchase, based on Members of the Flemish Parliament and civil D. 3 Conflicts between decLsions taken by the the possible threat for the protected good if it stays servants belonging to the Flemish admi11istration advisory lxxiies w,d the administrative strnctw-es In the Flemish Region, it is the minister who in tl1e hands of its owner are excluded from membership of the Cormnission. (mechanism of consultation, conciliation and fmal decides about inscriptions on the pro,isional and. 1bere arc no specific rules or demands as far as decLsion) !! on the definitive list. Only, even if this is not In the Region of Brussels-Capital however, the university degrees or professional experiences are explicitly inscribed in the text of the decree, it is Commission dispose of larger competences. She has concerned. In practice, tl1e members of the The administration in charge of immovable generally accepted that every owner, citizen, a general duty of prescn1ng protected heritage and Commission have a good knowledge of heritage. In heritage prepares the proposal for provisional association ... can ask him to start the protection has to search for new destinations for unexploited the first division, dealing with built heritage, many protection, collect advices, objections etc. As procedure. TI1is right of initiative also belongs to the monuments. She also has to give an ad,ice every of them are architect or art historian, in the mentioned, the administration writes a global i Royal Commission and its (corresponding) time a building pem1it, related to a protected good, landscape division, there are many biologists, report, that is not only send to the minister in order is being asked for. When the advice of tl1e ! n1en1bers. geologists ... to know whether he wants to continue tl1e B.2 Advisory competences (approvals, permits, Commission is negative, the permit can not be protection procedure, but , in case of a positive etc.) granted, so in fact It is binding in this specific Besides this central Commission, there are decision, also communicated to the Commission in context. maximum 35 corresponding members, 7 for each order to prepare tl1e advice. The Cormnission can The decrees on the protection of monuments The Commissions advice is also necessary Flemish province. Members of tl1e Provincial always ask for supplementary infonnation in order and urban and rural sites, on the protection of when implementing orders in the field of town and Council and civil servants belonging to the to execute her advisory task; she is not bound by archaeological monuments and sites and on the country planning, related to heritage, are being provincial admi11islsation can't be corresponding tl1e content of the report neither obliged to follow protection of landscapes all foresee a protection prepared. members. These embers arc also nominated for 4 · the vision of the administration. procedure in two steps. At the end of the first step, years, a renewable term. As the Commission is an independent advismy the provisional protection, a report is made by the B.4 Competences with respect to the World board, being only in charge of rendering a non regional administration. In this report all relevant Heritnge List procedures In the Region of Brussels Capital, the binding advice, fonnal conflicts can not aiise. information on the good to be protected and on the composition of the Commission has to respond to values that can support the protection is inscribed. Here again, no specific legal competences are more stringent prerequisites: the 18 members must In the Region of Brussels Capital, the It also gives an overview of the results of the public given to the Royal Commission. The competent represent several disciplines: natural heritage, Commission is rendering in some cases a binding inquiry, the remarks and objections made by the administration keeps the Commission informed archaeology, history, architecture, restoration advice: in this case, the administration has to owners and the advices rendered by some about proposals to be made for inscription on the techniques. The members arc designated for respect this binding advice. concen1cd authmitics. (tentative) list. In most of the cases, the Commission renewable mandates of 6 years. This report fonns the basis for a final, motivated discussed this proposals in an indirect way: the E, Local government advisory bodies ad,ice on the proposed protection by the Royal World Heritage Convention and the Operational C.2 The instatement of the advLsonJ lxxiies and involved in the preservation of the historic Commission .The Commission has to evaluate the Guidelines stipulate that goods presented for the selection procedures of their members monuments value of the good proposed for protection, to inscription must have met all possible national protcctlon measures before. So normally, a good comment the given advices, especially when they As mentioned, tl1e members of the Commission E. l The competences of the decentralized proposed for insc1iption on the World He1itage List were negative and to answer the objections, are nominated by n1inisterial decree. advisory lxxiies or locally set up advisory bodies is already protected at national level, after ha,1ng remarks that were made. TI1cre is for instance no public appeal; the with competences in hLstoric monwnents obtalned the Commissions advice. The advice of the Commission Is an obligatory mi11ister seeks the advice of his adn1inistration and preservation fonnality in tl1e protcctlon procedure: tl1e Council of of the president of the Royal Commission about C, The membership of the advisory bodies State, the Belgian administrative. high court, possible candidates. As mentioned, there is no legal text instituting affinned in several judgments that the lack of a In the Region of Bn1ssels Capital, 12 members local advisory boards. Our heritage preservation are chosen by the mil1istcr out of a double list ]2 13 system is organized at regional level, but shows a Commission royale des Monuments et des Sites de de 70 ans, ils sont demissionnaires. Dans des § 4. L'administration infonne la C01n1nission des centralized character. la Region flamande; circonstanees exceptionnelles, ils peuvent etre decisions du Ministre auxquelles a precede un avis Local cmnrnunities are asked for an advice Vu la demande de traitement cl'urgenee, motivee confmnes dans !eur rnandat par le Ministre, pour de la Commission. dming the protection procedure that was started up par la cireonstance qu'une procedure de protection une duree a fixer par ce dernier, jusqu'a !'age § 5. La Commission peut demander toute for goods located \\1thin their tenitory: if an du patrimoine nautique est deja en cours clans le ma,drnal de 75 ans. information utile en vue de l'accomplissement de sa (unofficial) local Monument Council exists, the cadre de laquelle la dMsion du patrimoine nautique § 5. La Commission centrale peut inviter !es t::l.che. ad,ice can be fonnulated after consultation of this de la Commission royale doit pouvoir emettre son membres co1Tespondants a assister a ses reunions. § 6. Une proposition d'avis peut etre preparee council. Only, it will be the local community that avis avant la fin du mois de fe,rter confonnement Les membres correspondants n'ont pas voix par !'administration pour la Commission. Lorsque la remains responsible for the advice .. au decret du 29 mars 2002 portant protection du deliberative. Commission confinne cette proposition, le texte patrimoine nautique; § 6. Cbaque membre d'une dMsion pcut vaut comme avis de la Commission. E.2 The relationship between decentralized or Vu l'avis 36 635/3 du Conseil d'Etat, clonne le assister aux reunions d'une autre division en ayant Art. 5. § l ". Apres avoir entendu la Commission, locally set up advisory bodies and the local 23 fe,rter 2004, en application de !'article 84, § 1"', voix consultative. le Ministre flxe le reglement interieur de la government /in.statement decision making and alinea 1", 2', des lois coordonnees sur le Conseil § 7. Tout membre n'ayant pas participe a trois Commission. decision taking process) d'Etat; reunions consecutives sans justification valable est § 2. Les reunions de la Commission sont Sur la proposition du Ministre flanaand des demissionnaire de droit et en est infonne par le plenieres on tenues par division. Les reunions sont Local Monument Councils don't have official Affalres interieures, de la Culture, de la Jcunesse et president. presidees par le president et en son absence, par le status; in many cases, local communities engage de la Fonction publique, § 8. Le Ministre assure le remplacement des vice-president, et en absence de ce demier, par un themselves at the moment of the creation of the Apres deliberation, membres decedes ou demis. Lorsqu'un membre est membre designe par la reunion. council to consult it in specific circumstances, like Arrete: remplace clans le cours de la periode de quatre ans, § 3. Les reunions de la comntission centrale the presence of a protection proposal, the malctng of Article l ". Pour !'application du present a1Tete, son mandat est tennine par son rempla9ant. sont plenicres ou tenues par. division, ct ce au a plan influencing the historic centre .... on entend par ; § 9. Les membres du Conseil flamand et !es mains un fois par mois. L'agenda de la rermion est l O le Ministre : le Ministre flamand charge des fonctionnaires des setviccs du Gouvemement flxe par le president en concertation avec le F. Annexes (legal texts relevant for the Monuments et des Sites; flamand ne peuvent pas faire partie de la secretaire en tenant compte de l'ordre de prioritc subject, statistics, etc.) 2° !'administration : le service du Gouvemement Commission, a !'exception du personnel scientifique fixe a !'article 4, § l ", et eompte tenu des clelais flx<'.S flamand ayant le patrimoine immobilier dans ses de l'Institut flamand du Patrimoine immobilier. par la loi et le dccrct. 5 MARS 2004. - Arrete du Gouvemement attributions; § 10. La division de l'Archeologie fait office de § 4. Au mains une fois par an, ii est tenu une flamand portant la composition, !'organisation, 3° la Commission : la Commission royale des Conseil archeologique flainand, tel que vise a reunion generale a laquellc sont invites tous !es !es competences et le fonctionnement de la Monuments et des Sites de la Region flamande: !'article 3, 9°; et a !'article 11 du decret du 30 juin membres de la commission centrale et tous !es Commission royale des Monuments et des Sites 4 ° !cs decrets : le decrct du 3 mars 1976 portant 1993 portant protection du patrimoine membres co1Tesponda11t.s. de la Region flamande protection des monuments, des sites urbains et archeologiquc. § 5. En principe, !es reunions du Conseil ne Le Gouvcmcmcnt flamand, Vu le decrct du 3 ruraux. le dccret du 30 juin 1993 portant protection § 11. La c!Msion de l'Heraldique fait office de sont pas publiques. Le Ministre ou son delegue mars 1976 portant protection des monuments, des du patrimoine archcologique, le decret du 16 avril Conseil heraldique flamand tel que vise a !'article 3, pcuvent cependant y assister, uniquement !ors des sites urbains et mraux, modille par !es decrets des 1996 relatif a la protection des sites mraux, le § 3, du d(:cret du 21 dccembre 1994 portant debats, ainsi que ses delcgues - fonctionnaires de 18 decembrc 1992, 22 fevrier 1995, 22 dccembrc decret du 29 mars 2002 portant protection du fixation des annoiries ct du drapeau des provinces !'administration - en une qualite consultative. 1995, 8 decembrc 1998, 18 mai 1999 et 21 patrimoine nautique, le decret du 7 novembre 1990 et des communes, et a !'article 2, 2°, b, 5°, du decret § 6. La Commission peut demander a novembrc 2003; portant fixation des aimoiries, du drapcau, de du 3 fevrier 1998 portant fixation des annoiries de !'administration a donncr des explications ecritcs ou Vu le decret du 30 juin 1993 portant protection l'h,~me et du jour de fete de la Communautc pcrsonnes et d'institutions privces. orales relatives a certains points de !'agenda. Les du patrimoine archeologique, modiflc par !cs flamande, le decrct du 21 clecembre 1994 portant Art. 3. L'administration assure le secretariat et fonctionnaircs delcgues a cet effct par le decrets des 22 octobre 1996, 18 mai 1999 et 28 fixation des annoiries ct du drapeau des provinces etablit !es rapports des reunions de la Commission. Gouvemement flama11d dcsignent !es fonetiounaircs fr',~ier 2003; Vu le decret du 21 dccembre 1994 et communes et le decrct du 3 fe,rter 1998 portant Le sccretaire est designe par le Mirtistrc panni !es donnant des explications !ors de es reunions. po1iant fixation des am1oities et du drapcau des fixation des armoiries de personnes et d'institutions fonctionnaires de !'administration. § 7. La Commission peut en tout temps inviter provinces et c01111nuncs; privees, modific par le decrct du 30 juin 2000; Ari. 4. § l '"· La Commission adresse ses avis des experts afin de participer en une qualite Vu le clecrct du 16 avril 1996 relatif ,\ la Art. 2. § l "'. 11 est cree une Commission seulement au Ministre : consultative a ses reunions ct afm de pouvoir Jui protection des sites ruraux, tel que modific par !es composce d'une conunission centrale et de l O clans !es cas et compte tenu des delais ,ises donner des conseils quant a ccrtains problemes decrets des 21 octobre 1997, 18 mai 1999 8 commissions provinciales composCcs de rne1nbres aux decrets; particuliers. !ls quittent la reunion avant quc !es dccembrc 2000, 21 clecembre 2001 et 19 juillct co1Tespcmdants. 2° sur la demande du Ministre ou son decisions soient prtses. 2002; § 2. Les membres co1Tespondants aident la mandataire conccmant une affaire qtti rcssort du § 8. La Commission peut, si elle l'cstime Vu le decret du 3 fevrier 1998 portant fixation cmnmission ccntrale a executer ses activitCc":i. champs d'application des decrets clans le delai flxe nccessaire pour l'accomplissement de sa tache, des annoiries de personnes et institutions privees, § 3. La commission eentrale est compos(,c de par le demandeur; constituer des groupes de travail panni ses propres modifie par le dccret du 30 juin 2000; cinq divisions : 3° de sa propre initiative, sur toute affalre rangs qui ont une Lc1chc bien clcfinie de nature Vu le decret du 29 mars 2002 portant 1° une division des Monuments et des sites ressortant du champs d'application des decrets. temporalrc. protection du patrimoine nautiquc; urbains et mraux, a appeler ci-apres la division des § 2. Les avis de la Commission sont motives. Les § 9. Les rapports des reunions de la Vu l'a1Tl'.te du Gouvcmement flamand du J l avril Monuments; avis cmis par !cs divisions de la Commission valent Corn1nission mentionnent : 1984 portant creation d'un Conseil heraldiquc 2° une dMsion des Sites; corrnne avis Cmis par la Commission. 1° !es presences; flamancl; 3° une dMsion de l'Archeologie; § 3. Le quomm est constitue par la majorite des 2° l'essencc des discussions; Vu l'am\te du Gouvemement flamand du 12 4 ° une division du Patrimoine nautiquc; 1nembres de la Cmnmission ou par une ou 3° !es avis fonnules sur !es differentes affaires; janvier 1994 relatif a la composition et au 5° um: division de l'Hcraldiquc. plusieurs divisions, y compris le (!es) president(s). 4 ° le rcsultat des votes evcntuels. fonctionnement du Conseil archcologiquc flamand; § 4. Le president, Jes vice-president et !es Les avis de la Conunission sont fixes par une Art. 6. La Commission ctablit annuellcment un Vu l'a!T<",t(: du Gouvernement flamand du 20 membres de la Commission sont dcsignes par le majorite des membres presents emettant leur voix. rapport destine au Ministre da11s lequel sont avril 1994 pmiant la composition, !'organisation, !es Ministre pour une periodc de quatrc ans. Lem En eas de partage des voix, la voix du president est mentionnces scs activites ct lequel est publie. competences ct le fonctiom1ement de la 1mmdat pcut etrc prolonge par des nouvellcs preponderante. Art. 7. Les membres de la Commission sont periodes de quatre ans. Lorsqu'ils ont atteint !'age tenus a la discrC,tion en cc qui conceme !es affaircs

14 15 traitees par la Commission amsi qu'aux avis qu'elle cormne etant des precedents en n1atiEre de et des sites assure la conservation des biens Par ailleurs, la Cmnmission royale des emet. monu1nents, de sites urbains et rnraux, des zones relevant du patrimoine immobilier, insctits sur la monu1nents et des sites comporte au 1noins un Lorsque !ors des reunions, certaines affaires et monuments archeologiques et des sites; liste de sauvegarde ou classes et veille a leur licencie ou docteur en archeologie et histoire de sont a l'ordre du jour qui impliquent des interets 8° la gestion de patiimoine nautique; reaffectation en cas d'ineJq}loitation ou !'art, un licencie ou docteur en histoire et un personnels d'un membre ou qui touchent a ses 9° !es avis en matiere d'affaires heraldiques et de d'inoccupation. architccte. competences administratives, ce membre doit alors pavillonnetie. § 2. Le Gouvememcnt arrete la composition, 3. Les membres de la Commission royale des quitter la reunion. § 2. Ces dossiers sont inscrtts a !'agenda par le t'orgai1isation et !es regles d'incompatibilite de la monuments et des sites sont nommes pour un Art. 8. Les avis ne peuvent pas etre portes a la president ou par le fonctionnaire delegue a cet effet Commission royale des monuments et des sites en inandat renouvelable de six ans. connaissance de tiers, sauf en application du decret par le Gouvemement fian1and en concertation avec consacrant !'application des prtncipes suivants: 4. La Commission royale des monuments et des du 18 mai 1999 relatif a la publicite de le president. 1. La Commission royale des monuments et des sites est renouvelee taus !es trois ans par moitie. !'administration, ou moyennant !'accord du Art. 13. Les commissions provinciales sites se compose de 18 membres nommes par le § 3. La Commission royale des monuments et Ministre. comprennent au maximum 35 membres Gouvemement. Douze sont choisis sur base d'une des sites adopte un reglement d'ordre intetieur Art. 9. Les membres ne peuvent pas faire des correspond;mts et au maximum 7 par province. liste double presentee par le Conseil de la Region et qu'elle soumet a !'approbation du Gouvemement. declarations publiques qui pourraient Les membres du conseil prO\incial et !es siX sont choisis sur presentation de la Commission Les avis, observations, recommandations et compromettre !es procedures instaurees par !es fonctionnaires des administration provinciales ne royale des monuments et des sites. suggestions de la Conm1ission royale des dccrets ou qui anticiperaient !es decisions. peuvent pas appartenir aux com1nissions 2. I.a Commission royale des monuments et des monuments et des sites sont forrnules a la majotite Art. 10. Les membres de la Commission ainsi pro\inciales. sites est composee de membres emanant de simple des membres presents. que !es experts extemes beneficient de jetons de Art. 14. Les reglements suivants sont abroges: !'ensemble des milieux concemes par la Horrnis pour !cs avis, la minorite peut presence et d'indemnites de voyage et de sejour, en 1° L'arrcte du Gouvernement fiamand du 20 conservation, y compris les associations. 1nentionncr son opinion au procCs-vcrbal. vertu de l'arrete du Gouvernement fiamand du 14 avrtl 1994 portant la composition, !'organisation. !es Les membres de la Commission royale des § 4. La Commission royale des monuments et i: decembre 1983 portant certaines mesures, en vue competences ct le fonctionnement de la monwnents et des sites ont une competence notoire des sites est assistce d'un secretartat permanent. d'harmoniser le fonctionnement, !es jetons de Commission royale des Monuments et des Sites de en matiere de conservation du patrimoine Le Gouverncment designe !es fonctionnaircs de presence et !es indenmites aux organes consultatifs. la Region flamande; ilnn1obilier. !'Administration du Patrirnoine charges de ce Art. 11. La commission centrale est composee 2° L'arrete du Gouvernement fiamand du 12 Chacune des disciplines suivantes est secretartat. d'au ma,..imum 52 membres, dont un president, 5 janvier 1994 relatif a la composition et au rcpresentce patrimoine nature!, archeologie, Le secretartat a notammcnt pour mission ,ace-presidents · .un par division · et au maximum fonctionnement du Conseil archeologique flamand; recherches histortques, patrimoinc architectural, d'assurer le secretartat et !'administration intemc de 46 membres ordinaires, repartis comme suit : 3° L'arrete du Gouvernement fiamand du 11 techniques de restauration. la C01ru11ission royale des monuments et des sites. 1° division des Monuments : 14 membres au avril 1984 portant creation d'un Conscil heraldique .. (23) 1na.'X:i.1num; fiamand. 2° division des Sites 10 membres au Art. 15. Le present arrete entre en vigueur le niaxin1tnn; jour de sa publication au Monitcur beige. 3° division de l'Archeologie : l O membres au Art. 16. Le Ministre fiamand ayant !es maxi1num; Monuments ct !cs Sites dans ses attributions est 4° division du Patrimoine nautique: 6 membres charge de !'execution du present arrete. ' au nia"'Ci.Inum;.. Bruxelles, le 5 mars 2004. 5° dMsion de l'Hcraldiquc: 6 membres au Le Ministre-President du Gouvemement maximum. flamand, Art. 12. § 1. Sans prejudice de sa mission, fixcc B. SOMERS a l'aiiicle 4, § l"', 1 et 2, la commission ccntrale Le Ministre flamand des Affaircs interteures, de cruet de sa propre initiative un avis au Ministre, la Culture, de la Jeuncsse et de la Fonction notannnent en ce qui conccme: publique, l O la conservation et !'affectation de monuments P. VAN GREMBERGEN et de leur patrtmoine artistique; 2° !es projcts relatifs aux nouvellcs 9 AVRIL 2004 .. Arrete du Gouvemement de constiuctions ou aux transformations de batiments la Region de Bruxelles--Capitale adoptant le Code publics destines au culte ou gen"s par des bruxellois de l'amenagement du territoire associations de libres pcnscurs; (EXTRAIT) 3° !es projets qui pourraient compromeitre l'integtitc ou !'existence d'un site, ainsi que !es Art. 11. § 1°·. II est iI1stitue unc Commi-ssion projcts pouvant atteindre Jes environs immediats royale des monuments et des sites. d'un monument; Elle est chargcc de donncr !cs avis requis par le 4 ° !es reparations histortques de monuments, la present Code (21) ou en veriu de celui-ci. restauration de monuments ou de biens sis dan des Elle peut aussi donner un avis au sites w·bams et mraux, la reparation de Gouvemement, a la demande de celui-ci ou de sa monuments et de zones archeologiqucs ct la propre iI1itiativc, sur toute question se rapportant a reparation de sites; un bien relevant du patrimolne immobilier. 5° la gestion de sites; Elle peut egalemcnt lui adrcsser des 6° la gestion de monuments ct de zones recommandations de politique generale sur la archcologiques; problematique de la conservation. 7° Jes dossiers importants relatifs aux Dans l'exercice des competences d'avis et de problemes de protection et, de restauration ou recommandations que Jui attJibuent Jes alineas relatifs aux cas qui pourraient etJ·e consideres precedents, la Commission royale des monuments 16 17 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES

Svetoslav Georgiev - Bulgaria

The a dvisory bodies in national legislation , according to the provision of article 45 . of the Administration Act are constituted a s social and expert councils a nd commission~, crea~ed for s pecific trends and for a fixed _p ~n od of time by order of the res pective sector M1mster. According t o art. 16, par.3 of the Culture Protection and Developmen t Act, the Social and Expert Councils discu ss importa1:t and cur~·ent issues in the respective trends, issu e opm1on s a nd give recommendat ions on them to the Ministry of Culture, review and make proposals on drafts and regula tion s . The Social an d Expert Councils function on the base of regula tions approved by the respective sector Minister. and historic protection in relation to Lile The basic tasks, the structure and the Territory Development Act. participants in the Cou ncil s ar e assigned an d 3. Affiliated with th e Mi nister of For eign appointed by the Minister by way of an order, Affairs: which is in force fo r a limited time. - National Commission of the Republic of The decision s of th e Councils are subject t o B ulgar ia for UNESCO: grants the inter action and enforcemen t by the respective sect or Minister . co-ordinates the partnership of the Bulgarian Th e fo llowing Social an d Expert Councils, State organizat ions, public organization s, non ­ competent with respect to the protection of governmen tal organizations and physical historic mon uments and proper ties funct ion at person s with UNESCO, by a lso executing ot her the national level: functions as defined by a Regulation issued by 1. Affiliat ed with the Minister of Cultur e: the Min ister of Foreign Affairs. - NCPIMC (HCOHIIK): National Council for the Operable at the national level is also The Protection of the Immouable Mon uments of Culture Council Jor Field Surueys affiliated to the - handles issu es related to the protection of the A rchaeolog ical Institute w ith a Museum under the irnmovable mon umen ts of culture and th eir B ulgarian A cad emy of Science, which and issu es setting. th e permits for field archaeological s urveys in - NCICH (HCHK): National Council on Inta n­ th e cou ntry. g ible Cultural Her itage - its basic function is to At the regional level, affiliat ed with the assist th e efforts of the Ministry in the respect ive Region al Governors, operate Regional application of t he ''Convention for the Culture Cou ncils in accordan ce with the Safeguarding of th e Intangible Cultura l Heritage" Administration Act, as well as Regional Expert adopted by t he Last General Confe rence of Councils fo r Territory Management in UN ESCO. The Council assists t he Minist er of accordance with the provisions of the Territory Culture in implementing the State policy for th e Developm en t Act. safeguarding of the intangible cultural heritage. The Regional Culture Councils a re con stant 2. Affiliated with the Minis ter of the Regional advisory bodies with the Region al Governor for Development and Public Works: t he coordination, cons ulting and partnership at - ECMC (ECMJ: Expert Council for the Memo­ the regional level while devis ing and rial Complexes - prepares the m ethodology and implementing the regional policy in the cultural stra tegies for the Safegu arding of the Mem oria l fi eld. Complexes and the cultural heritage properties The Regional Expert Councils for Territory with memorial functions . Management are appointed by the Regiona l NECTMRP (HECYTPII): Na tional Expert Governor, depending on the t erritorial man age­ Council on Territory Management and Regional ment obj ectives and tasks of regional and int er­ Policy adopts the Specific Rules and m unicipal s ignificance. The participants in the Regulation s, rela ted t o t he territories for cult ural Regiona l Expert Councils are ap pointed 19 ------·------·------according to the nature of the project under organizes ihe expert and infonnation proposal from the National Institute for the 6, Council for Field Surveys affiliated to examination. securing of the activity of the Council: Monuments of Culture; the Archaeological Institute with a Museum At the municipal level, according to the organizes the control for the execution of discusses and adopts the main priorities under the Bulgarian Academy of Science Culture Protection and Development Act and by the Council decisions; in the funding of the activities for the protection - approves the contracts, regulating the order of the Mayor of the respective municipality appoints the participants and the tasks of the immovable monuments of culture with relationships between the parties of implemented Municlpa1 PL1b1ic Expert Counci1s are appointed of the constant and temporary conm1issions or funds from the State budget and from other international scientific and research projects, including field archaeological suIVeys in the for a limited period of time, issuing opinions and working groups, adopted by Council decision; sources; evaluations for the activity of the municipal - appoints the secretaiy of the Council and discusses methods, projects and tech- Republic of Bulgaria; cultural institutes, the regional cultural his tasks, nologies for conservation, restoration and issues the permits for field archaeological institutes, for the alignment of the principles of The members of the Regional Culture socialization of the immovable monuments of surveys in the country. 7, Regional Culture Council the national cultural policy to the local Council: culture; conditions and traditions, participate in person in the sittings of the issues opinions on the aesthetic and - devises regional priorities and development The Social and Expert Councils at the Council, or exceptionally appoint their philosophical aspects of the activity for the programmes in the cultural sector; national level are headed by a Chairman, who is authorized representatives; protection of the immovable monuments of - co-ordinates the relations between the appointed by the respective sector Minister. The prepare opinions of the institutions and culture with priority to those of world and institutions in the field of culture, Chairman of the Council for Field Surveys municipalities they represent, on the issues national significance, to the reserves and to the The State institutions and the NGOs at the affiliated to the Archaeological Institute with a discussed within the Council; Bulgarian monuments abroad; regional level; Museum under the Bulgarian Academy of submit to the Council proposals for 2. NCICH (HCHK): National Council on - discusses initiatives and problems risen in Science is an exception to the rule because it is discussion; Intangible Cultural Heritage the field of culture; chaired by the Director of the Archaeological have the right to access the minutes and _ participates in the devising and discussing creates temporary structures for the Institute v.ith a Museum, materials kept by the Council. the strategy for the protection and promotion of solution of special tasks; The Managing boards of the Social and The Social and Expert Councils at the the strategy for the safeguarding and -· gets informed about programmes of the EU Expert Councils consist of: chairman, two municipal level arc headed by a chairman, popularizing of the traditional Bulgarian culture in the cultural sector. , deputy-chairmen, secretary and legal adviser. If appointed by way of order of the mayor of the and folklore; 8, Municipal Culture Council necessary, tbe board can form expert and respective municipality, . The members of the examines and suggests to the Minister of - issues opinions and recommendations for consultative working groups, also including Social and Expert Councils are appointed by way Culture measures for the Application of the the activity of the municipal cultural persons not participating in the Council. Every of order of the mayor of the municipality on Convention for the Safeguarding of the institutions; Council member loses this/her right of proposal by the secretary, for a pe1iod not less Intangible Heritage; summarizes the achievements of the participation, if he/ she for more than three than two years, issues opinions and rccmnmendations on respective cultural institutions; months does not participate on a regular basis The chairman of the Social and Expert issues related to the problems of the protection - prepares analyses and opinions regarding in the work of the Council. The reasons for this Culture Council is assisted by a secretmy, and prcseJVation of the intangible cultural specific achievements in concertation with the decision arc presented by the Chairman and elected by the members of the CounciL The heritage, respective commission of the Municipal Council; enter into force after their approval by the Council prepares an annual report for its activity 3, ECMC (ECM): Expert Council for the - contributes to the protection, accumulation respective sector Minister. In the scope of its and for its intentions within three months after Memorial Complexes and safeguarding of the cultural and historic activity in the Council, every member has the the end of ti1e financial year, - prepares a methodology and strategics for heritage of the municipality; right to: TI1e chairman of the Social and Expert the preservation of the memorial Complexes and - adopts long term and short term temporary Free access to all immovable monuments Culture Council submits annually to the mayor the cultural heritage properties with memorial programmes on different aspects of the of culture, according to a procedure as defined of the municipality a cultural calendar of the functions; municipal policy in the field of culture; by the Ministry of Culture. municipal events and celebrations of historic - makes proposals before the Minister of - prepares projects and suggests to the t'ree access to infomiation and archives events and outstanding figures, The funding for Regional Development and Public Works and the mayor of the municipality that they be at the National Institute for Monuments of them is benchmarked in the budget for the Minister of Culture regarding measures towards implemented. Culture and from all organizations with respective calendar year. For each event a cost the preservation of the memorial complexes, in monuments of culture protection activity with estimate is prepared, which is approved by the coordination with all the interested parties; 111c structures of the Social and Expert the same subject of the aclivity of the respective mayor of the municipality, - issues opinions concen1ing methods and Councils at the national level arc similar, Council. The Social and Expert Councils have the participants in projects related to memorial therefore only the structure of the NCPIMC, the Information for the decisions taken at the following competences in the field of the complexes of national significance; National Council for the Protection of the Council protection of the historic monuments: gives op11110ns on aesthetic and Immovable Monuments of Culture (HCOHilK) is Tire social and Expert Councils at the philosophical aspects of the activity for the presented, which is the most important Council regional level are chaired by the Regional L The NCPIMC (HCOHllK): National protection of the memorial complexes; in terms of issues related to heritage protection, Governor. In the absence of the Chairman of the Council for the Protection of the Immovable 4, NECTMRP (HECYTPll): National Expert Regional Council, the sittings of the Council are Monuments of Culture Council on Territory Management and NCPIMC, National Council for the summoned and/or chaired by a deputy­ participates with proposals in the Regional Policy Protection of the Immovable Monuments of chairman appointed by him, devising, discussing and solving of issues related - adopts specific rules and regulations, Culture (HCOHIIK) The activity of the Chairman of the Regional to the strategy for the protection of the related to the territories for cultural and historic Structure: Culture Council is aided by a secretary - expert immovable monuments of culture, the legal protection under the Territory Development Act, Managing body - Board with participants: from the Regional Governor Administration. The frame and the related secondary regulatory acts; 5, National Commission of the Republic of Chairman, two deputy-chairmen, secretary and secretary of the Regional Culture Council examines opinions and suggests to the Bulgaria for UNESCO legal advisor. Related to the specificity of the organizes the work of the Council and prepares Ministry of Culture opinions and decisions for - consults the Council of Ministers on the main tasks of the Council, the one of the deputy­ the materials related to its activity, provision or withdrawal of Judicial status, for issues of UNESCO and solves the main issues chairmen has to be specialist in the preservation The Chairman of the Regional Culture House: attributing or changing attributed categories of ~ela~ed to the selection of the Bulgarian projects of the architectural monuments of culture and - determines the agenda and chairs the sittings the immovable monuments of culture, inducting m CNESCO, the other-in conservation and restoration of of the Council: the Reserves and the contingent zones, on artistic clements. TI1e Officer in charge of the 20 21 "immovable monuments of culture" department intended op1mon has to be submitted to the THE ROLE OF ADVISORY BODIES at the Ministry of Culture is secretary of the secretary of the Council in the v,riting. Council. Expressions of disapproval of a decision have Satu-Kaarina Virtala - Finland The number of participants is structured to be filed in the writing within three days after for plenary work and into working teams. the sitting and thu s become inherent part of the The currently operable NCPIMC has 24 minutes. participants who represent different institutions The chairman of the Council or his and organizations: the National Historic authorized representative may give statement to Museu m, the National Archaeological Institute the mass media. with Museum under the Bulgarian Academy of All the issues set for examination and Science, National Ecclesiastical Historic and discussion are planned within six month plans General notes Archaeological Museum, National Institute for at the beginning of every half-year with a view to The Finnish legal system does not recognise the Monuments of Culture, Directorate grant the handling of the priority issues. The the term historic monument, but speaks of "Religious Confessions" under the Council of plans are prepared on the ground of written buildings an d townscapes of historic and Ministers, Union of Architects in Bulgaria, Union proposals that may come from the Council cultural values. Among th ese buildings are of Bulgarian Artists, Nation al Fine Arts members and from every interested institution or approximately 20 000-25 000 buildings • Academy, New Bulgarian University, Ministry of physical person. They are discussed and adopted protected by detailed plans, about 250 buildings Regional Development and Public Works, by all members and submitted for approval by protected by special law and over 1 000 state­ ICOMOS, National Museum Of Bulgarian Fine the respective sector body. The Social and Expert owned buildings and groups of buildings Art, Chief Architect of the city of Sofia. Councils may examine issues other than the protected by s pecial decree. Addition ally, there is Mandate - until expiry date of the order of planned when they are pending. To examine a group of buildings classified as antiquities. the Minister of Culture such issues extraordinary sittings are convened Buildings with historic and cultural values can The Regional Culture Councils are a after approval by the respective sector body. The be owned by anyone - private persons, firms, constant advisory body under th e Regional materials to be examined have to be submitted municipalities and the state. The buildings the Governor. to the board 15 days in advance at the latest. state owns, however, are mainly used for its own Structure: Chairman the Regional The Social and Expert Councils may require the functions and, nowadays, the state prefers to sell Governor, members - the sector deputy-mayors opinion of the institutions interested with regard other buildings regardless of their cultural and of municipalities or officers responsible for to the issues under examination. In such cases historic values. Their status though as protected departments, directors of cultural institutions on the opinions must be submitted in the writing buildings is not altered by the sale. Churches, the territory of the region, chairmen of boards of not later than a week before the sitting. namely Lutheran and Greek Orthodox churches, trustees of cultural houses, representatives of Decisions are taken with simple maj01ity, are altering the appearance of a building when a are protected according to their own laws and civil societies and non-governmental organi­ enumerated in the minutes which are sign ed by building permit is not required. decisions, and always if they were built before zations in the field of culture. the chairman and the secretary. Decisions m ay The chairman of the Council may invite to be taken without members being present; the 1917. When applying for a building permit, the the sessions other physical and judicial persons, intended opinion has to be submitted to the master drawings signed by the designer must b e Land use and building are strictly supervised representatives of civil societies and non­ secretary of the Council in the writing. included, among other things. When necessary, in Finland, mainly in terms of security and governmental organizations in the field of Expressions of disapproval of a decision have as it is with buildings of historic and cultural health conditions and the impact of buildings on culture. Temporary or permanent expert to be filed in the writing within three days after values, the applicant is required to provide n a ture, townscapes, landscapes or on the use of commissions or working groups may be set by the sitting and thus become inherent part of the additional information needed for the decision on surrounding land areas. There are also decision of the Regional Culture Council. minutes. the application. This additional information regulations concerning qualifications of persons The Municipal Culture Councils are created In so far as the Social and Expert Coun cils usually includes information about the age, who draw up building designs. No specific for a determined period of time by order of the ar e constituted to issue opinions and to give history, main characteristics, and condition of a regulations exist on the repair and maintenance mayor of the municipality. recommendations, in the instance of a possible building, and on whether the building is of buildings with historic and cultural values. Structure: Chairman - an employee appoin­ conflict with the administrative structure, they included in an inventory made by an expert except that their characteristic features must be ted by the mayor of the municipality, members - are denied the possibility to exert influence in authority on the cultural h eritage or by a . preserved. If a building is protected by special representatives of unions of artists, of interested the adoption of the decision taken. The municipality, and so on. An applicant also has to law or decree, it is obligatory to ask the National institutions and organizations, as well as artists interested administrative structure could include information on the nature of the Board of Antiquities for a s tatement on repairs and experts. A secretary, elected by the Council express disagreement with the decision, but it is intended alterations and how they are planned before any work begins. members assists the chairman. not obliged to count with it. to be carried out . The sittings of the Social and Expert Councils Repair of a building of historic and are valid when more than half of their members Svetoslav Georgiev The master drawings enclosed with the cultural value are present. Minutes are drafted for each sitting building permit application comprise a site plan of the Council. Svetoslav Georgiev, Bulgarian National and floor plan, and section and elevation A building permit is required for the Decisions are taken with simple majority, are Committee of JCOMOS was born 3 1. 07. 1973, drawings. Additionally, the applicant must construction of a building. It is also required for enumerated in the minutes which are signed by and has a master in Public Administration and submit with the application an extract from the repair or a lteration work which is comparable to the chairman and the secretary. Decisions may Archaeology. He war/cs as an eExpert in Sofia base map coveri ng the area. or a property be taken without members being present; the Directorate of Ministry of Interior. building construction, for extensions to a register extract from the local detailed plan, building. and for alteration of the intended use when building in an area with a local detailed of a building or part of it. Most repair work plan, and, when needed, a plot map. n eeds a building permit from the local building s upervision authority. In addition, there is an Qualifications of the planners action permit which is required for measures 23 22 Persons drawing u p a building design or As an expert a u thority. the Board gives THE ROLE OF ADVISORY BODIES IN THE PRESERVATION special design must have a constru ction-rela ted statements on issues relating to the built OF HISTORIC MONUMENTS IN GERMANY university degree appropriate for the planning heritage. even though th e issues themselves are functions in question, or an earlier construction under the respon sibility of other officials. Dr.Werner von Truetzschler - Germany higher-level vocational or oth er degree, and sufficient experience of working on the type of Culturally historic buildings an d sites owned planning in question. by the state ar e usually in the care of the Board and it is respon sible for their mainten ance and The person in charge of the design in its repair. entirety and of its quality (i.e. the principal designer) and the person in charge of the special Governing Body of Suomenlinna Introduction design also must have solid professional lmowledge and skills to manage the design in its Suomenlinna is a m ore than 250-year-old Germany is a federal state. Legislative and entirety. fortress which was included on UNESCO's World administrative powers are divided between the Heritage List in 1991 as a representative Federation and 16 Laender, the federal states. Site managers' qualifications example of European military architecture. This The regulation of building law is predominantly sea fortress on the islands just off the Finnish federal law whereas for heritage law the The site man ager of a construction site n eeds capital city of Helsinki was con structed in the legislative authority lies exclusively wi th the a construction-related university degree. In middle of the 18th century. At that time, its Laender. Furthermore there are local authority addition. the site manager must have the military shipyard was one of the biggest dry provis10ns pertaining to con struction and construction experience required for the type docks in t he world and a centre of s hip-building monument Jaw in the fonn of local authority and e;,...1:ent of the construction project. When expertise. In the 18th century, Suomenlinna was statutes which h ave the same binding legal applying for approval as site manager. he must being compared with the maritime fortifications validity as federal or state laws. 111e implementation of all laws iricluding prove that he has the qualifications required to at Gibraltar. federal laws lies with t he Laender The carry out the duties. B. The competences of the advisory bodies in administrative s tructures in the Laender are The task of the Governing Body of respect to the preservation of historic similar based on the three tier model. The three National Board of Antiquities Suomenlinna is to renovate, maintain and monuments promote Suomenlinna. The Body was levels of administration consist of the lower authority (town, county), the middle auth ority (= The National Board of Antiquities is, in fact, established in 1973, wh en the Ministry of The only competence of the Monument district or similar subdivision) an d the upper the only advisory body for the preservation of Defen ce transferred ,responsibility for the fortress Council is to advise the minis ter in matters of authority (= state (Lan d) ministry). In addition historic buildings. It is attach ed to the Ministry to the Ministry of Education. The Body is an general interest. Opinions in individual cases are most s tates have consultative specialized bodies of Edu cation and it functions as an expert body autonomous government department under the only given if these cases have aspects of general with expertise in matters of preservation of in the protection of the material cultural ministry and it works closely with the National interest. When drawing up new regulation s the monuments, the State Offices for the heritage. Board of Antiquities. minister is obliged to hear th e Council. In Preservation of Monuments. practice the minister seeks advice of the Council. Almost all the land of Suomenlinna is owned The Board is a cultural and research A The advisory bodies in national legislation The Council may h owever also give advice on its institution, but it is also a government auth ority by the state, along with over 200 buildings. Of own initiative. The advice is n ever binding. these, 181 ar e administered by the Governing charged with the protection of arch aeological There are no advisory bodies in nation al sites. the built heritage, culturally historic Body. The Body is financed from the state C. The membership of the advisory bodies budget and from income from its own legislation. However federal building and valuable environments and cultural property, planning law provides for public participation in and it operates in collaboration with other operations. C. lMembers (number, profession al eligibility, the planning procedures. officials and museums. The Board has a Advisory bodies exist however in the majority incompatibilities, time of mandate) Restoration of the maritime fortress. which professional s taff of specialists, exhibitions and of the state laws for the protection of consists of seven islands and an area of 80 collection s in its several museums, extensive monuments. The following answers are based on C.2 The instatement of the advisory bodies h ectares, requires both expertise and archives and a s pecialized library, all of which the provision s ofthe Thuringian law for the an d the selection procedures of their members considerable labour. Experts in a variety of fields are at the disposal of the gen eral public. protection of monuments . Qu estions which are - architects, engineers, professional builders, irrelevant applied to the German system are n ot The Council h as 19 voting members 8 of ston e masons, painters and restorers take part which are experts the oth ers represen t the 2 The Board functions as an expert authority especially repeated in this paper responsible for the protection of the cultural in the work. The work on th e structures malting churches (protesta nt and catholic), the Jewish up walls and ramparts is done by pris oners in a commui1ity, towns an d cities, the counties, the h eritage and the cultural environment. It is also A. l The legal statu s of the advis01y bodies responsible for the maintenance an d s upervision labour programme of a nearby prison. museums, th e proprietors of real estate, the Restoration works are supervised by the National of antiquities. Additionally, it has responsibilities The fo rma tion of a Landesdenlrmalrat (State craftsmen, indus t1y a nd commerce, the relating to its capacity as the holder of some Board of Antiquities. Monument Council) by the minister responsible a rchitects an d governm en t building adminis­ state-owned real estate. for the protection of monuments is foreseen by tration . The experts should have profound law . lt has the sole function to advise the lmowledge of monument preservation and come minister. The minister has given the Council from the following disciplines: his tmy of art, statutes which regulate competence in detail , archaeology, architecture, town planning, members hip and procedures. history, the arts and restora tion. In addition the political parties r epresented in the Thuringia Parliament are represented in t he Council in an advisory fu n ction. 25 24 \ \ \ The 1ninister nmninates the voting 1ne1nhers, If the lo\vcr authority \vants tu deviate frmn the the party representatives are chosen by the opin~o~1. of the consultative authority. the 1niddle LE ROLE DES ORGANES CONSULTATIFS A LA PRESERVATION DES parties. acbn1n1strativc authority n1akes the decision MONUMENTS HISTORIQUES. LA RELATION ENTRE L'ADMINISTRATION ET The t<:rm of office is identical with the election then. tcrn1 of parliainent that in 111urinJ,fia is nonnallv LES ORGANES CONSULTATIFS. L'EXEMPLE GREC. 5y~ru. ·· • 0.3 Conflicts between decisions taken by tbc advisory bodies and tl1e administrative structures .. Athina Christofidou · Greece D. !he relationship between the advisory bodies and the administrative structure in As the Council advises only the minister respect to the preservation of historic direct conflicts between the dei·isions makino • la Direction de Conservation des monuments lower authority cannot arise. Indirect conflict: INTRODUCTION GENERALE are theoretically possible if the minister does not Monuments Anciens et Plus Reccnts D. 1 The decision making process in the follow advice given i.e. docs not pass it on to the La Constitution Hellenique de 1975 (art.24) • la Direction des Expropriations activity of the advisory bodies subordinated lower authority in an individual impose a l'Etat de proteger l'enYironnement • la Direction du Patrimoine Culturcl Plus case. As the advice of the Council is in no wav nature! et culture! et de prendre toutes mesures Recent (apres 1830) The Council should meet at least twice a binding there are no mechanisms foresee~ for preventives ou rE'pressi\TS neccssaircs pour sa • le Centre de la Pierre rear, if necessary or on the demand of the such a conflict of interests. sauvegarde. En ce qui concerne la protection des • le Secretariat du Conseil Archcologique minister or of at least 4 members additional monuments, elle prevoit des mesures restrictives Central meetings take place. Simple majoritv takes E .. Local government advisory bodies involved du clroit de propriete, moyennant unc indemnite La Direction Generale de Restauration, des m the preservation of historic monuments decisions. • des proprietaires. Musees et des Travaux Techniques comprend: D'apres !es dispositions de la Joi 3028 de • la Direction de Restauration des I Cities and counties arc free to instate 'I 0.2 The decision making process in the 2002 ,,Pour la protection des Antiquites et en Monuments Anctens administrative structures advisory bodies for the prcscrva tion of historic gfa1t:ral du Patrin1oinc Cultureh, le Patrimoine • la Direction de Restauration des monuments. As there are n_o general regulations cu!Lurcl consiste en monuments anciens (dates Monuments Byzantins et Post-byzantins for such bodies, it is for the local councils to Decisions arc taken by the lower adminis­ jusqu'cn l 830). monuments plus reccnts (dates • la Direction de Restauration des trati,·e authorities after having consulted the decide on the instatement of such advisorv apres 1830), sites archeologiques, sites bodies and the scope of their competences. · Monuments Plus Recents et Modernes .;~,.1' State Office for the Preservation 'or Monuments. historiques ct biens culturels immatcriels. • la Direction de Topographic, de ~- Le lvlinistere de la Culture est l'organismc Photograrnm(:lrie et du Cadastrc principal de protection de !'ensemble des biens • la Direction des 1<:tudes des Musees et culturels de la Grece, irnmeublcs, objets des Batiments Culturels mobiliers ct biens inunatericls. Pour la • la Direction de Construction des Mus(:es protection des 111onuments, au sein du Ministe.rc et des Batirnents Culturcls cle la Culture ii y a des Directions Centrales a • la Direction de Recbercbe Athc:nes et un reseau des Scnices Regionaux • la Direction du Patrimoine Architectural etcnclu sur tout le pays. Pour !"organisation des plus recent et modcrnc Services du Ministcre de la Culture, Jes • le Secretariat du Conseil Central des monuments sont diviscs en trois grandcs Monuments Plus Reccnts periodes historiqucs: Au niYeau local. la rcsponsabilite de la l. Les monuments de la pr(:histoire et de protection du Patrimoine Culture! est repartie. ! !'an Liquite. selon des criteres cbronologiques et topogra­ 2. Les monuments paleochretiens, byzantins ; I phiques, dans \cs 86 se1Yices regionaux du et post-byzantins jusqu'i1 la fondation du nouYcl Ministerc de la Culture, qui sont: F:tat Hellenique, a I 830. • !es 39 Inspections des i\.ntiguites ;-i, Les monuments posterieurs a 1830. Le Service Central charge de la protection du Prehistoriques et Classiques • !es 28 Inspections des Antiquites patxin1oine se divise en dcux Directions Generales: Byzantines • !'Inspection des Monuments Plus Rccents l. La Direction Generale des Antiquites et du Patrirnoine Culturcl de l'Attique 2. La Direction Generale de Restauration, • l'Inspection des Monuments Plus Recents des lvlusees et des Travaux Techniques. de la Macedoine Centrale · La Direction Gencrale des Antiquites et du • !es 12 Se1Yices des Monuments Plus Patrimoine Culture! se compose de: Recents et des Tra,·aux Techniques • la Direction des Antiquites Prchistoriqucs • le Service des Travaux Techniques de et ( ;1assiques Mac('doinc Ccntralc • la Direction des Antiquites Byzantines et • l'Inspectlon des Antiquaires et des Post--byzantincs Collections Privecs d'Antlquites • la Direction des Musees. des Expositions • l'!nspection des Antlquites Sous-marines et des Programmes Educatifs • !'Inspection Paleoanthropologique et • la Direction des Archives Nationales des Speloologique du Sud de la Grece Monuments • l'lnspectlon -Paleoanthropologique et Speleologique du Nord de la Grecc 26 27 Les Services regionaux charges du historiques qui se trouvent dans plusieurs elements d'un monument immeuble qui sont • le Directeur General des Antiquites et le patrimoine culture! ne dependent d'aucun degre regions, aussi que dans la mer, Jes fleuves et Jes indissociables, lorsqu' on estime que c'est Directeur General de Restauration, des Musees d'administration locale, mais directement du lacs, . absolument necessaire pour leur sauvegarde et des Travaux Techniques du Ministere de la Ministere de la Culture. c2. la protection des monuments inscrits stir materielle Culture Parallelement au Ministere de la Culture et la liste du Patrimoine Mandia!, aussi que des · • Ia restauration des sculptures, des • cinq archeologues, directeurs des en application de !'article 4 du Code de autres monuments, des sites archeologiques et . pein t·ures murales ou d'autres elements services rE:gionaux l'Urbanisme, le Ministere de !'Environnement, de des sites historiques d'une importance majeure, decoratifs faisant partie integrante d'un • sept professeurs d'Universite au des l'Arnenagement du Territoire et des Travaux c3. !es interventions d'interet majeur qui ' monument immeuble chercheurs travaillant aux Centres de Recherche Publics a la responsabilite d'une partie du concernent des monuments et des sites, · • Ia construction des nouveaux batiments reconnus OU des SCientifiques d'autorite _Patrimoine Architectural. Dans ce cadre, ii c4. la delimitation et le classement des sites : dans un site protege reconnue, possesseurs d'un titre de doctorat et s'occupe d'un grand nombre d'ensembles archeologiques et des sites historiques. aussi ! • Ja demolition des batiments existants ayant une expeiience relative a la protection du architecturaux et de sites, ainsi que de certains que la delimitation des zones de protection a 'i dans un site protege, qui on ete caracterises Patiimoine de dix ans au mains batiments ayant une valeur historique, urbaine, l'interieur des sites et aux abords des sites et des t· • un architecte, fonctionnaire du Ministere architecturale, traditionnelle et esthetique. 11 delabres monuments · • la culture de la terre, l'elevage, la chasse de !'Environnement, de l'Arnenagement du peut aussi sauvegarder des elements du milieu c5. !'expropriation d'un immeuble pour' des et cl'autres acti,ites de ce type dans !es sites Teriitoire et des Travaux Publics. bati, comme ceux de l'equipement d'urbanisme raisons de protection des monuments, archeologiques Le Conseil Central des Monuments plus uu !'usage d'un immeuble avec ou sans c6. le deplacement de tout au partie d'un • Ia peche, le mouillage, Jes activites sous­ Recents est compose de 15 rnembres: construction. monument, marines, !'execution de tout sorte de . travail • le Secretairc General du Ministcrc de la c7. la demolition totale au partielle d'un portuaire en cas de sites archeologiques Culture, qui est le president du Conseil QUESTIONNAIRE monument, lorsque sa conservation dans son 1nariti1nes. • le Conseillcr Juridique de l'Etat aupres ensemble au en partie est estimee irrealisable du Ministre charge de la Culture Question A • Jes activites de construction au tout autre par un Comite de cinq personnes, travail execute aux abords d'un monument, • le Directeur Gem•ral des Antiquites et le Au niveau central ii y a trois Organcs, qui ont cS. !'exportation des monuments meublcs comme !'exploitation d'une carriere, !'acquisition Directeur General de Restauration, des Musees un role consultatif pour le ministre charge de la c9. l'emprunt ou l'echange des objets ct des Travaux Techniques du Ministere de la culture: de materiaux de constntction, !es operations de mobiliers qui appartiennent a l'Etat, recherche de minerals, !'exploitation des mines, Culture • le Conseil Archeologique Central, pour clO. la reconnaissance d'un collectionneur Ia delimitation des zones d'extraction a ciel • trois directcurs des services regionaux du les monuments anciens (dates avant 1830) et Jes des objcts mobiliers ouvert, !'installation d'industiies, la mise en Ministerc de la Culture possedant une sites archeologiques c 11. d'autres questions d'importance majeure place d'installation de telecommunication ou specialisation relative aux competences du • le Conseil Central des Monuments plus introduites par le Ministre charge de la Culture autres. Conseil Recents, pour les monuments dates aprcs 1830 En plus le Conseil Central des Monuments Le Conseil des Musees: • six professeurs d'Univcrsite au des ct Jes sites historiques plus Recents donne son avis sur: a. suggere au Ministrc charge de la Culture chercheurs travaillant aux Centres de Recherche • le Conseil des Musees • la demolition des batiments plus recents, des principes qui dirigcnt la politique nationale reconnus au des scientifiqucs d'autoritc Au nivcau regional quatorze Conseils qui sont antericurs aux I 00 dernieres annees sur la fondation et le fonctionnement des reconnue, ayanl: unc experience relative a la Locaux des Monuments ont un role consultatif • le classement des monuments plus 1nusees protection du Patiimoine de dix ans au moins pour Jes services du Ministere de la Culture. recents (datant apres 1830)1 b. donnc un avis sur des differentcs • un arnhitecte, fonctionnairc du Ministere En ce qui concerne les monuments proteges Les deux Conscils Centraux s'assemblent en questions concernant Jes musees. de !'Environnement, de l'Amenagement du par la Joi 1577 /1985 ,Reglement general de la commun quand la protection d'un monument Les Commissions de Controle Urbain et Teriitoirc et des Travaux Publics construction,, ii y a des Commissions de ancien exigc la demolition, totale au partielle, Architectural consultent Jes Services regionaux • un architecte, representant de la Controle Urbain et Architectural qui fonctio­ d'un autre plus recent. du Ministere de !'Environnement, de Chambre Technique de Grecc. I nnent dans toutes Jes prefectures aupres des Les Conseils Locaux des Monuments : Ii l'Arnenagement du Territoire et des Travaux Au Conseil Archeologique Central ct au ,, Services regionales du Ministere de s'occupent de tous !es sujets concernant !es Publics sur Jes projets des travaux concernant Conseil Central des Monuments plus Rccents Jes n:nvironnement, de l'Amenagement du Territoire monuments immcubles et meubles de leur des monuments, des ensembles architecturaux directeurs des Services competents sont des et des Travaux Publics. Un Conseil Superieur region. Specifiquement, l'avis du Conseil est et des sites, qui sont proteges par la loi rapporteurs et ils participent aux seances sans d'Urbanisme et d'Architecture est situe, a necessaire pour chaque intervention portant sur 1577 /1985. Le Conseil Superieur d'Urbanisme droit de vote. Des personnes ayant un interet !'echelon national, aupres du Ministre charge de un monument immeuble, un site archeologiquc, et d'Architecture donnc son avis ct rend Jegitimc peuvent assister a la seance du con:sci\ !'Environnement, de l'Amenagement du Territoire un site historiquc et leurs abords, comme: comptc au Ministre charge de !'Environnement, et defendre !cur opinion. Elles peuvent etre et des Travaux Publics. • la conservation, la consolidation, la de l'Amenagement du Tenitoire et des Travaux acc0111pagnecs par un avocat ou un conseiJlcr reconstitution, la restauration Publics sur Jes projets d'urbanisme ct technique. Les seances sont aussi ouvertes aux Question B • la formation de l'espace cnvironnant d'architecturc, ainsi que pour sur des sujets representants de la Presse. Le Conseil Archeologique Central et le • la reorganisation ou le changement de concernant !es effets de la construction de tout Chaque Conseil Local des Monuments est Conseil Central_ des Monuments plus Recents: !'usage ouvrage technique dans des lieux et des compose de 11 membres: a. suggercnt au Ministre charge de la Culture • la mise en place d'une toiture de agglomerations sensibles, au point de vue • un mcmbrc du Conscil Juridiquc de ' !cs principes qui dirigent la protection du I protection (en cas de ruines archeologiques) environnement et culture. l'Etat, qui est le president patrimoine culture! • l'enfouisscment (en cas de ruines • troi.s archeologues, fonctionnaires du b. suggerent au Ministre charge de la Culture decouvertes apres des fouilles,) Question C Ministcre de la Culture !cs programmes· annuels des expropiiations, des • le prelevement des sculptures, des Le Conseil Archeologique Central est • un architecte, fonctionnaire du Ministere fouillcs ct de~ travaux sur Jes _monuments, Jes peintures murales, des mosaYques au d'autres compose de 17 membres: sites archeologiques, Jes sites historiques et en de la Culture • le Secretaire General du Ministere de la • un conservateur des antiquites ct objets gcnfral lcs biens ctilturels proteges par la Joi. Culture, qui est le president du Conseil d'art, fonctionnaire du Ministere de la Culture c. clonnent un avis sur: 1 Les monuments anciens immeubtcs, c'est a cllre Jes • le Conseiller Juridique de l'Etat aupres C 1. des questions qui· eoncernent Jes monuments datant d'avant 1830, sont proteg:e,s par la Joi du Ministre charge de la Culture monuments, !es sites ·archeologiques et Jes sites sans qu'il soit cxige de publication d'actc d'administration quel qu'il soit. 28 29 • un architecte, fonctionnaire du Ministere ou experience aux questions de }'organisation et CHAPTER EIGHT b. The Legal Councilor of the State to the de !'Environnement, de l'Amenagement du du fonctionnernent des 111usees. COLLECTIVE BODIES Ministry of Culture, to be replaced by another Territoire et des Travaux Publics • sept professeurs d'Universite au des Legal Councilor or Associate Judge at the office • trois professeurs d'Universite ou des chercheurs travaillant aux Centres de Recherehe Article 49 of the Legal Councilor to the Ministry of Culture. chercheurs travaillant aux Centres de Recherche reconnus ou des scientifiques d'autorite Local Councils of Monuments c. The Director-General of Antiquities and reconnus ou des specialistes du domaine de la reconnue, possesseurs d'un titre de doctorat et the Director-General of Restoration of protection du Patrimoine, possesseurs d'un titre ayant une experience relative a la protection du 1. By a decision of the Minister of Culture, Monuments and Technical Works of the Ministry de doctorat et ayant une experience relative de Patrlmoine de dix ans au mains Local Councils of Monuments shall be of Culture, to be replaced by persons having cinq ans au mains, Les membres des Conseils ci-dessus sont established at the seat of every administrative similar qualifications. · • un representant de la Municipalite. nommes par decision du Ministre de la Culture region and in insular regions, where necessary. d. Five archeologists. heads of regional or Les directeurs des Services competents sont pour trois ans. Chaque conseil a son propre • The Local Councils of Monuments shall be special regional services of the Ministry of des rapporteurs. Des personnes ayant un interet secretariat etabli par le Ministere de la Culture : composed of eleven (11) members as follows; Culture at the level of a Directorate with legitime peuvent assister a la seance du conseil au siege du conseil. , a) An Associate Judge to the Legal Council specialization relating to the competence of the et defendre leur opinion. Elles peuvent etre I of the State, to be replaced by another Associate Central Archeological Council, to be replaced by accompagnees par un avocat ou un conseiller Question D i Judge, as President. persons having similar qualifications. technique. Selan la Joi 3028 de 2002 «Pour la protection i b) Three archaeologists, employees of the e. Seven professors or associate professors Le Conseil des Musees est compose de 15 des Antiquites et en general du Patrlmoine [ Ministty of Culture, to be replaced by other of university-level institutions, research membres: Culture!, tout ouvrage et tout activite sur un f employees with the same specialization. associates of a comparable level at recognized research institutions or other scientists of • le Secretaire General du Ministcre de la monument, un site archeologique, un site : c) One architect. employee of the Ministry of recognized authority, whether employees or not Culture, qui est le president du Conseil historique ou leurs abords est soumis a contr6le. Culture, to be replaced by another employee of the Ministry of Culture, with at least ten years • le Directeur General des Antiquites, le Les projets relatifs sont approuves par decision with the same specialization. d) One conservator, employee of the professional and scientific experience following Directeur General de Restauration, des Musees du Ministre charge de la Culture apres l'avis du Ministry of Culture. to be replaced by another the acquisition of their doctorate (PhD) in et des Travaux Techniques, le Directeur General Conseil convenable. Le service competent employee with the same specialization. archeology, architecture, conservation of du Developpement Culture! et le Directeur du introduit le sujet au Conseil. Son avis n'est pas e) One architect, employee of the Ministry of antiquities, art history, geology, science and Service competent du Ministere de la Culture obligatoire pour le ministre, qui, quand meme, au plus part des cas accepte l'avis du Conseil. the Environment, Town Planning and Public technology of materials, structural engineering • six directeurs des musCes Works, to be replaced by another employee with and soil-mechanics or other sciences related to • deux specialistes de !'organisation et du Annexe the same specialization appointed by the Minister the protection of ancient monuments and sites. fonctionnement des musees La traduction en anglais de I' Berne Chapitre of the Environment, Town Planning and Public to be replaced by persons having similar • un representant de la Section Grecque de de la Joi 3028 de 2002 «Pour la protection des Works. qualifications. l'ICOM Antiquites et en general du Patrimoine Culturcl, f) Three members of the Teaching and f One architect, employee of the Ministty of • un representant de !'Union Centrale des (articles 49-52) qui est consacre aux organes Research Staff of university-level institutions, or the Environment, Town Planning and Public Communes de la Grece, ayant une specialisation consultatives. research associates at recognized research Works, to be replaced by an employee with the centers or specialists with at least five years same specialization appointed by the Minister of research experience following their doctorate the Environment, Town Planning and Public (PhD) in the field of archaeology, architecture, Works. ethnology, folk archaeology, social anthropology, 2. By a decision of the Minister of Culture, art history or other fields related to the the Central Council of Recent Monuments shall protection of the cultural heritage, to be replaced be established composed of seventeen (I 5) by persons having the same qualifications. members as follows: g) One representative of the National Union a. The Secretary-General of the Ministry of Municipalities and Communities, who is of Culture as President. appointed along with his deputy. b. The Legal Councillor of the State to the 2. The Local Councils of Monuments shall Ministry of Culture. to bereplaced by another render advisory opinions on all issues pertaining Legal Councillor or Associate Judge at Uteofficc to the monuments and sites within their of the Legal Councillor to the Ministty of municipalities, with the exception of those Culture. referred to in article 50, paragraph 5(c). Upon c. The Director-General of Antiquities application by anyone interested, the Local and the Director-General ofRestoration of Councils mav examine anew an issue that has Museums and Technical Works of the Ministry of already bee~ decided. onlv if new substantial Culture, to be replaced by persons having evidence has emerged ex p;st facto. similar qualifications. Article 50 d. Three heads of regional or special Central Archaeological Council, Central regional services of the Ministry of Culture at the Council of Recent Monuments level of a Directorate with specialization relating I. By a decision of the Minister of Culture, to the competence of the Central Areheological the Central Archaeological Council shall be Council, to be replaced by persons having established, composed of seventeen ( 17) similar qualifications. members as follows: e. Six professors or associate professors a. The Secretary-General of the Ministry of of university-level institutions or research Culture as President. associates of a comparable level at recognized research institutions or other scientists of

30 31 --~...,-,--.,,-::;-;:----:-;-;-:-:--:r-'.""'.~~~""'c-uur,-- ~1rrvi"'t"'l"1e,-"d0e0s1"·g;;:n;ca;,tT.io:;;n:;--::a::n::d,:e:s::t,,::;,b::;l:;-1.s::;h:-,:::n::;e::n:~t-;o::;f,,...,.-----:--~------~h--~.--~. ~il~--~C=o:m~m=o:n~rul=~e:s~f:o=r the composition and ' ' -- ....~, · be replaced by persons avmg sun ar ------••'II"'...,,.--·- the Ministry of Culture, with at least ten years archeological and historical sites and protection functioning of the Councils Professional and scientific experience following zones in accordance with the provisions of qualifications. f d f• t 1. The term of office of the members of the their doctorate (PhD) in archeology, architecture, articles 12 to 17; C. Six (6) directors of museums o i ,erent Councils referred to in articles 49 to 51 s I1a II b e conservation of antiquities, art history, geology, v) the compulsory expropriation or direct Categories, among those at least three (3) of Stah e th ree (3) years. " The t enn of office of at least half I science and technology of materials, structural pure h ase or exchange of immovable for reasons lnuseums, to be replaced by persons with t e of the members of the Councils who do not engineering and soil.mechanics or other sciences relating to the protection of the cultural heritage,· same status. fl participate dejure shall be renewed every six (5) d. Two (2) persons having a scienti 1c i related to the protection of ancient monuments vi) the removal of immovable monuments or cial!zation or professional experience in yea;~· The Councils may be assisted in their 1 , and sites, to be replaced by persons having a part thereof or the detachment of elements ~;:tters pertaining to museum organization and work by assigning, upon their recommendation_ ,, 1 similar qualifications. from monuments of outstanding importance; function, to be replaced by persons havmg the and a decision of the Minister of Culture, the II 'I f. One architect, employee of the Ministry of vii) the issuance of a permit for demolition in f t· exam·ination of ad hoc issues to committees same qnali ica 10ns. . I Environment, Town Planning and Public Works, accordance with the provisions of article 6, , e. One (l) representative of the Hellemc comprised of some of their members or other I to be replaced by an employee with the same paragraph IO; Branch of the International Council of Museums specialists or experts, which shall render I, I specialization appointed by the Minister of Viii) the classification of categories of /h d t advisorv opinions. I, (!COM], with his er epu y. 'J t · t f Ii Environment, Town Planning and Public Works. movable monuments; f. One (l) representative of the Central 3. The scientific and secre ana1 suppor o I,:, g. One architect representing the Technical lX) the export of monuments; d C 't' of the Councils shall be undertaken by a L'nion of Municipalities an o.mm. un. 1 ies bl h d t ti1 M'11118 . t 0 f I' Chamber or Greece. x) the loan and the exchange of movable reece with scientific spec1al izat 1011 or secretariat. to be estaf is h e C a . I e ry 3. With the decision establishing the monuments belonging to the State: G tt f Culture at the seat o eac ounci · fessional experience in ma ers o t th hers of the i ro I, : c..,cn0.c. t ra1 Arc h aeo1 o. g· 1ca I C ounc1·1 an d th e C en t ra I xi) th e recog m't' 10n o f coII ec t ors an d th e porga11izatior1. and operat1·on of muse11ms, wi·th Councils4. The and Rappor their secretariat eurs, e shallmem be entitled to. 1' i Council of Recent Monuments, the deputy of the acquisition of collections by the State in his/her deputy. remuneration, the amount of which shall be 1 I I Secretary.General of the Ministry of Culture as accordance with the provisions of article 31; . The Council of Museums shall: determined by a _joint decision of the Ministers ?f 1 'I 2 1 I President of the Central Archaeological Council xii) the loan, temporary export, exchange and a. Recommend to the Minister principles Economv and Finance, and Culture m I'\'·I' I and the Central Council of Recent Monuments transfer of antiquities forming part of museum governill" the museums policy of the State and derogation from every general or special 'I ,, shall be appointed. When the Secretary·General collections referred to in article 45; measure; to support and further elaborate it, as provision.* 11il' ' is replaced by another member of the Council, xiii) any other important issue referred well as cooperation between museums and 5. A decision of the Minister or Culture shall ,1, the deputy of this member shall be called in his to them by the Minister of Culture. coordination of their activities: determine all matters pertaining to the position as a Council member. 6. a) For the implementation of the b. Give advisory opinion on issues relating organization and functions of the .councils and As Rapporteurs in the Central Archaeological provisions of article 6, paragraph 11, if both to the implementation of the provisions of article their secretariats, the poss1b1hty of their Council and the Central Council of Recent monuments are antiquities, the competent body 45, subject to the provision of article 50, composition and functioning in chambers.as well ! Monuments shall be appointed the heads of the shall be the Central Archaeological Council, )( ) as even/ other relevant detail. A presidential paragraph 5(c ii; decree, issued pursuant to a proposal by the I raticne materifle competent Directorates of t h e w h lie if b oth monuments are recent, th c c. Gi've advisorv. opinion on the j 1 Minister of Culture may establish new Counci1 s, Central Service of the Ministry of Culture. competent body shall be the Central Council of i·niple.mentation of the principle of reci.proc. ity, in b . h c ·1 · allocate competence, merge or a o1 1s ounc1 s I 'I 4. All matters pertaining to the protection of Recent Monuments. the e"cnt of loan for the orga111zat10n of t d t ·1 I, ' and determine every other rclevan e at . i ancient monuments, archeological sites and b) For any other issue relating to the exhibitions in museums; Members of the councils and the ,,i 6 historical sites which have constituted the site of implementation of these provisions, competent cl. Give adVisory opinion on the Rapporteurs shall participate in the Councils'

I J,1 exceptional historical or mythical events up to shall be a special body to be established by the establishment of State museums as special sessions. In the sessions of the Central Councils 1830 shall fall ,Vithin the competence of the Central Archcological Council and .the Central regional services of the Ministry of Culture the Rapporteurs shall participate without a right I I Central Archaeological Council. All matters Council of Recent Monuments sitting together in pursuant to the provisions of article 7, to vote.* The individuals whose cases are ! I ' ,, pertaining to the protection of recent Plenary. The members referred to in paragraph paragraph 28 of Law 2557 / 1997, and brought before the Council may appear in !11 monuments and the remaining historical sites !(a), (b) and (c) as well as in paragraph 2(a), (b) e. Give advisory opinion on any issue person and/or be represented by a lm"Yer, as shall fall within the competence of the Central and (c) shall have one vote, as the other relating to museums and beingreferred to it. well as use technical advisors m order to present Council of Recent Monuments. members. In case of a tic of votes, the vote of the 3. The provisions of article 6, paragraph 1 of their views and reply to any questions raised by 5. Subject to the provisions of the preceding President shall decide the issue. Law 2557 /1997 /0.ffkim Gazette A' 271) shall be the members or tl1c Rapporteurs. paragraph, the Central Councils shall; This body shall also give advisory opinion on abolished. Article 52, a. Recommend to the Minister principles the classification of an immovable located within governing specific aspects of the protection of the an archeological site or an antiquity as a cultural heritage, as stipulated in article 3. monument, in accordance with article 6, b. Recommend to the Minister the annual paragraph l(b) and (c), without waiving their programs of expropriations or direct our chases, protection. · excavations, restoration, conservation, as well as Article 51 other works on monuments. Council of Museums c. Give advisory opinion on issues relating I. By a decision of the Minister of Culture, to: the Council of Museums shall be established i) monuments and sites located within composed of fifteen (15) members as follows: more than one municipality, at sea or in rivers a The Secretary-General of the Ministry· of ,, and lakes; Culture as President. ii) the protection of monuments entered in b. TI1e Director·General of Restoration of ,, the World Heritage List, as well as other Museums and Technical Works, the Director­ monuments, archeological and historical sites of General of Antiquities, the Director-General of outstanding importance; Cultural Development and the Head of the iii) interventions of major importance on competent Sen1ce of the Ministry of Culture, to monuments and sites; :iI 33 32 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES.

Adv. Gideon Koren, - Israel

A. Advisory bodies in Israeli legislation

A. l The legal status of the advisory bodies in Israeli legislation

The Israeli legislation relevant to the preservation of historic monuments and sites does not create any advisory bodies as that term is normally used - that is. bodies that provide legal or technical support for the decisions. actions and projects of the formal authorities.

In Israel, there is no single authority in charge of historic preservation. Rather, there are a number of different au thorities and adviso1y bodies. whose various fields of responsibility are described below.

Antiquities

In Israel. an "antiquity" is defined as (1) a man-made object that was made before 1,700 A.D , (2) a man-made object that was made after 1,700 A.D, has historic value, and was declared as an antiquity by the Minister of Education, Culture and Sport, or (3) zoological and botanical remains that predate 1,300 A.O. cam a living. For example, the Antiquities Authority is empowered to expropriate land for Antiquities in Israel are governed by two excavation, preservation or research purposes. main laws: Furthermore. the Authority is empowered lo declare any place an "antiquity site" and such (1) The Israel Ant iquities Authority Law declaration imposes s tringent restrictions and (1978) establishes the functions and the prohibits any construction on the site. authority of a national statutory institution that is entrusted with the protection of antiquities The sole advisory body established in these and a n tiquity sites in Israel, and (2) The Israel laws is the Israel Antiquities Council ("IAC"). Antiquities Law (1989) deals with the practical whose role is to set the general policy and work aspects of antiquities. plan of the Israel Antiquities Aut hmity ("IAA"). In addition, it sets the rules for the operation, Additionally, Israel has another national management and supervision of antiquity sites. staluto1y institution called The Israel Nature and Parks Authority (established by The In so doing, the IAC has no legislative powers National Parks, Nature Reserve, National and, thus, is not considered to be an advisory Sites and Commemoration Sites Law (1998)) body. On the other hand, the IAC does approve which is the competent aulho1ity fo r. among the IAA budget; overlook the implementation of olher things. the preservation of heritage in policy and review reports submitted by the IAA. declared nature reserves and national parks. Thus, al least in these functions. the IAC is often seen as an advisory body. The Antiquities Authmity is given broad power lo protect antiquities, including the It should be noted that most of the major ability, in certain cases, lo override such basic antiquity sites in Israel are also national parks righls as the right to properly and freedom lo and. thus. are managed by the Israel National 35 Parks Authority. The !AC has no authority to UNESCO, including in the field of heritage B. The competences of the advisory bodies give instructions or advise to the National Parks preservation. been declared as World Heritage Siles or are Authority. in respect to the preservation of historic included in the Israeli tentative list. monuments While INCFU is involved with all aspects of C. The membership of the advisory bodies Other monuments and sites the relationship between Israel and UNESCO, it B, 1 listing competences has created a few sub-committees to deal with C.1 Members (number, professional As mentioned above, the Antiquities Law specific issues. One such sub-committee is the !AC - has no listing competences, but it can eligibility, incompatibilities, time of protects only antiquities and antiquity sites Israel World Heritage Committee ("IWHC"). It is advise the !AA to do so, if it finds a listing is mandate) which fall into the Law's limited definitions. involved in all the preparatory procedures prior required. Other sites of historical importance are not 1.o submission to UNESCO of a nomination of a !AC - is composed of 16 members, the entitled to any protection and there is no world heritage site as well as in compiling the A PSC - has the role to prepare what is majority (9) being government employees and the statutory framework or national institution Israeli tentative list and in monitoring both known as the "local preservation list". This list is remainder being 2 representatives of categories of sites. entrusted ¼1th regulating the protection of such meant to include all buildings worthy of universities, 3 representatives of local and sites, even if they sites have high architectural . preservation in the local area. It should be noted district authorities, a representative of !ASH (1) historical, heritage or preservation value. A.2 National advisory bodies and that the preservation of buildings under this list and a director of a recognized museum. No decentralized advisory bodies has a declaratory nature. The preservation gains specific eligibilii.y requirements are mentioned in • The preservation of such sites may be legal effect only after it is approved and included the law. accomplished under the Planning and Building !AC - The work of the Antiquities Council is in a building plan by the local planning and Law (1965). This law establishes national, centralized. The Israel Antiquities Aulhorily - to building committee. PSC - is composed of 5 members - the chair district and local committees, which are vested which the !AC provides advice - is national. of the local planning and building committee or with the power to set up zoning and planning There are no regional antiquities authorities. !ASH - has no listing competences. his vice-chair, 3 members of the local municipal 11 ' schemes at their various levels. I. or regional council and an employee of the ,.I However, this Council does not issue Iv\/HC -decides on sites to be included in the council knowledgeable with regard to planning There are no advisory bodies that advise the opinions about the recognition or listing of Israeli World Heritage tentative list. I and building issues. A sixth member, without planning and building committees related lo on antiquities or about governance of antiquity voting rights, is an expert in preservation to be preservation. However, it should be noted that, sites. In addition, it should be noted the Israel B.2 Advisory competences (approvals, nominated by 1.he local commii.1.ee. This member under the law, a local planning and building Antiquities Authority is not obligated to adopt permits, etc.) is therefore an advisor to the PSC itself. committee must form a preservation sub­ the Council's opinion and advice. committee ("PSC"). The PSC is required, among !AC - The !AC is purely advisory. The !AA !ASH - the law only provides there will be no other duties, to give advice on issues related to The PSCs are sub-committees of the local issues all relevant approvals, permits, etc. more than 30 member-s. In 1958, when the law preservation. Thus, though it is a statutory sub-· planning and building committees. As such, they was first implemented, a list of founding committee, many consider it to be an advisory have no national function. The PSCs, !ASH and IWHC only have members fom1ed the GA of the !ASH. The GA body. advisory power. decides upon any new members. !ASH, as well as IWHC, are national advisory bodies. Other advisory bodies B.3 Monitoring and control powers (if any) lWHC - is composed of the majority of organizations and interested in the field of The questionnaire did not relate to NGOs, A.3 The functional relationship between !AC - As mentioned above, the !AC is purely preservation. IWHC was not created by law, so some of which fill advisory roles. However, a few the advisory bodies and central, district and advismy. The IA.I\ has the formal power to its membership is based on administrative non-NGOs in Israel are involved in the field of local administration monitor and control, which is carried out decisions. conservation, trying to fill the gaps previously through the heritage divisions in the !AA. described. !AC - The functional relationship between 1.he 1. C.2 The instatement of the advisory !AC and the Israel Antiquities Authority has The PSCs - Matters of local heritage bodies and the selection procedures for their The Israel Academy for Sciences and been described in A. 1. !AC has no relationship signillcance, once listed on a preservation list, members Humanities ("!ASH") is an advisory body, formed \vi1.h regional or local administration. are administered by the local planning & by statute in 1961. building committees. All relevant approvals and See C.l above. PSC - As each PSC is a sub-committee of a permits are issued by the local committee. !ASH has the right to propose policies and local planning and building committee, the latter !ASH - has no monitoring or control powers. D. The relationship between the advisory projects lo government authorities in any field, is under no obligation to accept the ad,ice of its bodies and the administrative structure in and has no special role with regard to historic PSC. The PSCs arc not related to national or !\NBC - has no control powers but does respect to the preservation of historic monu1ncnts and sites. Nonetheless, il n1ay district administration. conduct periodic monitoring of sites that have monuments propose policies and rules with respect to been declared as World Heritage Sites or are historic monuments, as well as proposing The hmctions of !ASH and lWHC arc limited included in the Israeli tentative list. D.1. the decision malting process in the amendments to legislation. to providing opinions and proposals for new activity of the advisory bodies projects and veriGcalion without. 1.he legal B.4 Powers with respect to the World D.2 The decision malting process in the With respect to the Heritage List, there is an validity and force granled by the law to 1.hc Heritage List procedures administrative structures advisory body named the Israeli l\'ational official authorities. !ASH has no relationship All the advismy bodies make decisions by Commission for UNESCO ("lNCFU") that with district or local administration. JWHC may !AC, the PSCs and IASH have no powers wifh vote. There are no decisions which require a operates within lhe Israeli Ministry of Education. be related to local authorities, such as the respect to the World Heritage List procedures. special majmity. The functions of this body are to collaborate and municipality of a city that has a world heritage !WI-IC - is in charge of organizing and D.3 Conflicts between decisions talten by site in it. provide follow up to the actions and projects managing all procedures relating to submission the advisory bodies and the administrative agreed between the Israeli Government and of Israeli nominations to UNESCO. IvVI-IC also structures (mechanism of consultation, conducts periodic monitoring of sites that have conciliation and final decision) 36 37 ------·------~-..------~ All the advisory bodies have only adviso1y bodies in the field of preservation, Several NGOs power. They do not participate in the decision partly fill this void. However, the current THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION making of the authorities. Thus, even if their patchwork is not entirely effective and should be OF HISTORIC MONUMENTS. advice is entirely ignored, the decision of the revamped to provide more thorough and orderly THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES. advised body \\ill be effective. coverage of preservation matters. Roberto Nunez Arratia - Mexico E. Local government advisory bodies Gideon Koren (Kneller) , LL.B LL.M (hon}, TEP, Ernesto Becerril Miro - Mexico involved in the preservation of the historic is a founding partner in Ben Zvi Koren law firm monuments with q[fices tn Ramat-Gan and Jerusalem, Israel. In additton to his position as the Israeli member to In Israel, there are no local government ICLAFI, Adv. Koren is the president of ICOMOS advisory bodies. [What about PSCs?] Israel. Adv. Koren has been teaching various courses on presen1ation laws as an adjunct Conclusion teacher in the Hebrew University of Jerusalem A. The advisory bodies in the national 1.- To propose to the General Director of faculty of law as well as in Tel Aviv University, legislation INAH policies and projects related to historic Israel suffers from a lack of active advismy The Israeli Techmion and the Bezalel Academy, monuments A. l The Legal status of the advisory 2. - To propose to the General Director of bodies in the national legislation INAH policies and n1les respect to the works and A,2 National advisory bodies/deconcen­ investigation of historic man uments trated/decentralized advisory bodies (if there 3. -To propose to the General Director of JNAH is the case) the amendments to the national legislation. A.3 The functional relationship between 4.- To promote the knowledge and diffusion the advisory bodies and the central, regional of the procedures, techniques and methods and local administration between the specialists and 1l1e civil society 5.- To provide advice lo the internal and The Mexican legislation on histortc monu­ external areas of lNAI-I, ments preservation does not create advisory 6.- To emit its technical opinion about the bodies in order to provide legal or technical grating of licenses for works in historic support to the resolutions, actions and projects monuments and sites. issued by the authorities. 7.- To emit its technical opinion respect to The advisory bodies are not autonomous and the projects and its specifications respect to its functions are limit to technical opinions, historic monuments and sites. propos;:lls of new projects and verification 8. - To ve1ify · that the conservation and actions without the legal validity and force restoration procedures and methods in historic granted by the Law to the official authorities. monuments and zones fulfill the INAH's The sole advisory body established in the regulation. Federal Law on Archaeological. Artistic and b) INAH has approved a document named Historic Monuments and Zones ("the Law") is the "Rules for the Archaeological Investigation in National Commission of Artistic Monuments and Mexico". This document establishes that the Zones mentioned in its article 34. archaeological investigation projects will be The role of this advisory body is to issue its authortzed by tbe Archaeological Board. opinion about the recognition or not of the The participation of the two mentioned relevant esthetic value of a good, building o internal advisory bodies is not included in the urban area, as necessary requirement to - be Mexican legislation, only in the internal declared as Artistic Monument or Zone by the structure of INAH. National Institute of Fine Arts and Literature However, it is important to mention that, on ("!NBA"). 1989, Federal Government created the National This opinion will be necessary and obligatory Commission for the Preservation of the Cultural for the declaration of any Artistic Monument or Herttage. This body is formed by representatives Site. of governmental agencies and social institutions. National Institute of · Anthropology and In accordance to the Executive Order that Histo1y ( "INAH") has established, in its internal created this body, its most important functions structure, two advisory bodies: are: a) The External Commission of Historic a) the creation of inventories of the cultural Monuments is an advisory body, forn1ed by herttage l academics and representatives of not b) to receive claims respect to claims against governmental and academic institutions, in actions those represent the destruction of accordance to the Internal Rules issued by the Cultural Heritage General Direction ofINAH on Februarv 28, 1994. c) to promote collabor:ation agreements Its function are the following: · between authorities involved in the protection of the Cultural Hc1itage

38 39 ----~;n:-;;:;:.,:;;;-;;-:-;::~~;-::;-;::;;:::::~====~~'.:::';~-~~~e=2:~aw:io~n~a~l'~~C~o11n~un~is~s~i~o~nC:~o~fC"tAr~ti~s~ti~clr~(;in;st~a~t~e;m;e;n~t~,~d;e:c:is:i:o:n:-:m:a~k~i:n~g~an=d~d~e:c:1:'s:i:o:n~~~b;)~T;h;e~;d;e~s1~·gn; and implementation of the • authorities and the religious associations respect Monuments and Sites is integrated by the taking process) public actions related to the Cultural Heritage to the religious Cultural Heritage following members: c) The proposal of new projects related to the e) the revision and evaluation of the status of a) The General Director of the National The local Cultural Property legislation is very Cultural Heritage different cultural zones Institute of Fine Arts and Literature, which will different respect to the federal law. In Mexico, d) The declaration of a Monument or Site as f) to advise about the opportunities as the be the President of the Commission approximately 20 states of 32 of the Mexican Local Cultural Heritage program "Adopte una Obra de Arte" provides b) a Representative of the Public Education Republic, have a specific law for the protection of e) The authorization of works and about this matter. Ministry the local Cultural Heritage. In the maj01ity of preservation projects in local Cultural Areas. In accordance to the official reports, this c) a Representative of the National Council of these laws, we will find the creation of an Commission has promoted the creation of more Culture and Arts advisory body in the local level. F. Annexes (legal texts relevant for the than 100 local Commissions on the Cultural d) a Representative of the National These local advisory bodies normally are subject, statistics, etc.) Heritage. However, the most important non- Autonomous University of Mexico formed by the representative of the local governmental organizations dedicated to the e) Three experts appointed by the General authorities in different matters (urban planning, The attached documents, as excellent protection of the Cultural Heritage did not have Director of the National Institute of Fine Arts culture, tourism, finances, state department. example of this matter, are the following: any notice about their activities. and Literature. etc.). representatives of professional and a) The Federal Law on Archaeological, Artistic The explanation of this situation is that the The Commission will imite a representative academic institutions (universities and and Historic Monuments and Zones (article 34). Federal Law does not establish any faculties for of the Government of the State, when in the professional associations of architects or b) The Law for the Preservation of the this Commission on the protection of the Agenda of the Meeting of the Commission it is lawyers) and academics and members of the civil Cultural Heritage of the State of Baja California Gultural Property. include th<; declaration as Artistic Monument of society. (articles 19 to 28) a good or building located in the State territory. The main facultv of these local advisorv c) The Law of the Cultural Heritage of the B. The competences of the advisory bodies In the others advisory bodies mentioned in bodies is to provide t~chnical or legal support i;:, State of Chihuahua (articles 16 to 30). in respect to the preservation of the historic this document, the membership is established the following areas: d) The Histolic and Cultural Property Law of monuments by the internal rules issued of INAH and !NBA; a) The design and implementation of the the State ofTamaulipas (articles 16 to 20) however, it is important to mention that the govemmentaJ plans and programs related to the e) The Cultural Heritage Law of the State of B. l Listing competences structure of these bodies, there is the presence protection of the Cultural Heritage Veracruz de Ignacio de la Llave (articles 14 to 16), B.2 Advisory competences (approvals, of the representatives of the different permits, etc.) governmental offices and agencies related to the B.3 Monitoring and control competences Cultural Heritage. (if any) B.4 Competences with respect to the D. The relationship between the advisory World Heritage List procedures bodies and the administrative structure in respect to the preservation of historic Except the functions mentioned for the monuments National Commission of Artistic Monuments and D.l. The decision making process in the Sites, the national legislation does not assign activity of the advisory bodies responsibilities to advisory bodies related to the D.2 The decision malting process in the Cultural Property. administrative structures TI1e competences of the other advisory bodies D.3 Conflicts between decisions talten by mentioned in the last point are established in the advisory bodies and the administrative internal regulations of INAH. structures (mechanism of consultation, INAH and !NBA will be the responsible to conciliation and final decision) monitor and control the actions and resolutions issued by their internal advisory bodies, Except the approval of the National Respect to the Heritage List, there is an Commission for Artistic Monuments and Sites advisory body named National Commission of fort the declaration of an artistic monument or Mexican United States for UNESCO zone, the Mexican Legislation does not (CONALMEX) that depends of Public Education established the participation of advisory bodies

Ministry. This body was created by Executive in the decision making of the authorities and I ·1 Order published on November I 7, I 947. 111e only fulfill \\ith the requirements indicated in the

functions of this body are to collaborate and internal regulation of the authority that created I provide follow up to he actions and projects the specific body. ,,I agreed between the Mexican Government and I' UNESCO, including the tlling of Monuments and E. Local government advisory bodies I Sites in the World Heritage List. involved in the preservation of the historic monuments C. The membership of the advisory bodies E. l The competences of the decentralized advisory bodies or locally set up advisory C.l Members (number, professional eligi­ bodies with competences in historic bility, incompatibilities, time of mandate) monuments preservation C.2 The instatement of the advisory E.2 The relationship between bodies and the selection procedures of their decentralized or locally set up advisory members bodies and the local government 40 41 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES.

Alberto Martorell Carreno - Peru

A. The advisory bodies in the national ssion to the National Directorate of the INC. It is legislation composed by 5 members. Its Chair is the Gene­ A.1 The Legal status of the advisory ral Director on Archaeological Heritage of INC. bodies in the national legislation A.2 National advisory bodies/ deconcen­ National Commission in charge of trated/decentralized advisory bodies (if there Proposing Administrative Penalties for is the case) Offences relating to Cultural Property A.3 The functional relationship between the advisory bodies and the central, regional This Commission is created by the National and local administration Directorate Resolution 1405/INC (23-12-2004) as an advisory body to the National Directorate. The new Peruvian General Law of the National Cultural Heritage (1=1.w 28296) does not - Technical Qualifying Commission for create any specific advisory body for the heritage Cultural Projects (CTCPA) management and conservation. We find them in the Rules of Organization and Functions of the The CTCPA is not a specialized commission National Institute of Culture (J;\/C) (D.S. 017- on heritage issues, but it has among its 2003-ED). functions to evaluate proposals that could affect • National Commission of Culture. architectonic 1nonumcnts, n1onumental areas or It is the main advisory body of t11e INC and it historic cities. Its regulation was approved by is constituted by the Minister of Education, D.S.035-2006-Vivicnda (06-11-2006). It states acting as President, the National Director of the that the President of the Commission must INC. acting as Executive President; the convene INC to send a representative to attend Management Director of the INC, acting as the meetings where a case linked to heritage Secretary; representatives of the Regional issues will he discussed, Commissions of Culture; and outstanding civil In the dccentraliced level, each Municipal representatives of the society. jurisdiction must create a local technical The deconcentratcd organisms are the Commission. The Regional Directorates of INC Regional Commissions of Culture. They are are delegated to designate their Ad Hoc constituted by representatives of the Educative representative to the local commission meetings. Sector, the Regional Government Presidents or their representatives; municipal government B. The competences of the advisory bodies representatives and outstanding civil in respect to the preservation of the historic representatives of the cultural sector. monuments • Technical Commissions. B. l Listing competences D.S. 017-2003-ED states that the technical B.2 Advisory competences (approvals, commissions are advisory and consultative permits, etc,) bodies to the National Directorate, the National B.3 Monitoring and control competences Directorate of Management and the l,egional (if any) Directorates. B.4 Competences with respect to the There is not an otncial list of which are these World Heritage List procedures technical commissions. We will present infonnation on the main Technical Commissions • National Commission of Culture. currently constituted. 'l11e National Commission of Culture Arc- National Technical Commission on proposes U1e national cultural policy in general . haeoJogy (CNTA) terms. Among other aspects, it includes the th The CNTA was created by the Article 14 of national policy on cultural heritage, e R.s, 004-2000-ED, as an advismy Cammi- 43 .. ··--·-·--- ~ ·------(instatement, decision making and decision The CNTA is integrated by the follov.ing • National Technical Commission on 'ii rnembers: The CNTA and the CTCPA must be consulted taking process) I' Archaeology (CNTA) and deliver opinion in the cases or projects i! The General Director of Archaeological related to archaeological or urban heiitage Even though the Municipal Governn1ents ti a) To evaluate the Archaeological Projects issues .. NonnaUy the opinion delivered by the have among their functions the protection of the in all its different modalities. To deliver opinion Heritage of the INC, acting as President. I! 4 Members designated by the National C01nn11ss10ns 1s used as the basis for the Cultural Heritage of the Nation located 011 their on the pennissions to undertake archaeological Directorate of the INC. All these members must Resolution approving or rejecting the project. jnrisdictions, it is the Regional Institute of i projects have at least 5 years of working experience in If the resolution is of Regional level, it can be Culture, or the National Institute of Culture the b) To deliver op1111on and recommend archaeological issues. appealed to the National Directorate of responsible of giving a previous approval to any actions for the protection of the Archaeological Archaeology or the National Directorate of proJect that could affect heritage monuments or National Heritage • National Commission in charge of Historic Heritage respectively. The case must be areas. Any decision affecting the cultural c) To deliver opinion and recommend the consulted to the National Commission of the herttage goods made without the favorable d field marking and delimitation of visiting routes Proposing Administrative Penalties for iii Offences relating to Cultural i:-roperty !NC. If the Resolution is of National Level, it cans opinion of the INC is null and void. on archaeological sites. be appealed to the Minister of Education. ',111 d) To approve the Certificate of Non· This Commission is integrated by the F. Annexes (legal texts relevant for the Existence of Archeo1ogica1 remains in a E. Local government advisory bodies subject, statistics, etc.) i'il' detennined site. following members: 111! involved in the preservation of the historic e) To deliver opinion on the delimitations monuments The attached documents, as excellent I,.'·'.''·I The Director of Hist01ic Heritage Defense :.J: and field marking of archaeological sites. E.1 The competences of the decentralized example of this matter, are the following: jl':• I of the INC, acting as President. !,,111 fl To deliver opinion on the projects to advisory bodies or locally set up advisory ··1 send archaeological remains for scientific studies 1 Archaeologist 1 Architect bodies with competences in historic Law 28296, General Law of the Cultural I\ outside the country. ,I' 2 Lmvyers monuments preservation Heritage of the Nation (22-07-2004) , I, If necessary, it could be convened a Hist01ian E.2 The relationship between Supreme Decree 011-2006-ED. Rules of • National Commission in charge of decentralized or locally set up advisory Application of the Law 28296 (1-06-2006) I:',.1\I' I to attend some meeting of the Commission. Proposing Administrative Penalties for bodies and the local government Supreme Decree 017-2003-ED. Rules of ,t Offences relating Cultural Property The Regional Commissions will be consti­ Organization and Functions of the National tuted to proposal of the Regional Directorate of Institute of Cultnre (INC) (21-05-2003) a) To propose administrative penalties to be Culture and approved by Resolution of the Supreme Resolution 004-2000-ED National : 1111 applied to natural or juridical persons guilty of Regulations of Archaeological Heritage,' offences against the legal system of protection of Kational Directorate. the Cultural He1itage. b) To deliver opinion in the appealing • Technical Qualifying Commission for procedures against administrative Resolutions Cultural Projects {CTCPA) imposing penalties. c) To deliver opinion on other issues linked The Local Administrative Government of each Provincial Municipal Government must to its main goals. constitute a Technical Commission, integrated as set out bellow: C. The membership of the advisory bodies C.1 Members (number, professional A representative of the Municipality, eligibility, incompatibilities, time of which must be Architect or Civil Engineer, 2 representatives of the Architects mandate) C.2 The instatement of the advisory Association, with specialization or accredited bodies and the selection procedures of their experience on urban planning. 3 representatives of the Civil Engineers members Association. '! Ad-hoc delegates that can include a • National Commission of Culture. II representative of the INC if the case is necessa1y " to guarantee the protection and conservation of The National Commission of Culture is the monument.al and/ or archaeological heritage, integrated by the following members: the adviso,Y The Minister of Education, acting as its D. The relationship between bodies and the administrative structure i.!l President of histori£ The National Director of the INC, acting respect to the preservation monuments as Executive President: D.1. The decision making process in the The Management Director of the INC, activity of the advisory bodies acting as Secretary; · D.2 The decision making process in the One representative designated by each one of the l{egional Commissions of Culture administrative structures D.3 Conflicts between decisions taken by Civil representatives of the society. the advisory bodies and the administrative • National Technical Commission on structures (mechanism of consultatioJl., Archaeology (CNTA) conciliation and final decision) 45 44 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES.

Wojciech Kowalski - Poland

The advisory bodies in the national legislation There are three central advisory bodies u nder Polish national legislation , that is Law of 23 July 2003 on the Protection and Care of Monu ments (DU 2003, n o 163, item 1568). In particular these are: Monuments Protection Council, Main Commission fo r Conservation, and Polish Advisory Committee (as stipulated in the 1954 Hacrue Convention). This Law also provides for leg:1 basis for the creat ion of Regional Councils for the Protection of Monuments and for the activity of certain institution to be used as advisory bodies "ad hoc".

A.1 The Legal status of the advisory funclional relationship wilh regional an d local bodies in the national legislation. administration. The competence of the advisory bodies in According to a rt. 9 1 sec. 1 Monuments respect to the preservation of the historic Protection Council is ··an opinion-making and monuments advisory" body to lhe minister responsible for culture and Lhe protection of national he1itage. B.1 Listing competence Main Commission for Conserva tion is an opinion-making body to the General lnspector Advisory bodies have no listing competence. fo r Monuments (who is under secretary of State in the Minist1y of Culture and National Heritage) B.2 Advisory competences (approvals, (art.98 sec. 1). Polish Advisory Committee is a permits, etc.) body associated with the Council of Ministers, and is responsible for co-ordination of all efforts 1\vo of the above mentioned bodies have undertaken by various slate organs lo protect exclusively advisory competence in lhe sense national heritage in the event of armed conflicts that they are autho1ized to m ake opinion only. an d special situations resulting from natural Monuments Protection Cou ncil makes disasters, elc (art. 88 sec. 4). opinion on (art. 97 sec. 2): preliminary d raft and Regional Councils for the Protection of draft s tate program of the protection and care of Monuments as well as "ad hoc" bodies are monuments, practical enforcement of the opinion making bodies of Regional Inspectors for protection of monuments in the context of s tate Mon uments. space planning policy, protection of monuments of history, and draft laws conn ected with the A.2 National advisory bodies / protection and care of monuments. deconcentrated / decentralized advisory Main Commission for Conservation is a bodies (if there is the case) specialized body to m ake opinions on (art. 98 sec. 2) : technologies and materials to be used in Polish Law does not constitute decentralized the conservation of monumen ts , necessity and adviso,y bodies , although see point E below. correctness of particular works don e in Lh e context of monuments a nd a rcheological A.3 The functional relationship between excavations, as well as done if monu men t was the advisory bodies and the central, regional endangered only. and local administration As staled above , A. l , Polish Advis ory Committee is responsible for co-ordination of a ll As stated above three main adviso1y bodies efforts undertaken by valious state organs Lo are of national character, thal is they are protect nalional heritage in the event of armed associated with central stale administralion, s ee conflicts and special situations resulting from. point A. I above. These adviso1y bodies have no 47 1 for example, natural disasters, etc (art. 88 sec. Inspector for Monuments for the period of 2 structures (mechanism of consultation, 4). According to para 2 of the Council of years (para 2, Minister of Culture Regulation of conciliation and final decision) of this questionnaire can be called "ad hoc Ministers Regulation of 27th April 2004 (DU 15 January 2004, Dz. Urz. MK.04.2.3). The only advisory body". I 2004, no 102, item 1066), this competence requirement is that. they should be experts in Clear division between advisory character of covers: relevant areas of protection and care of these bodies and exclusive decision making E. l The competences of the decentralized making proposals to Council of Ministers monuments (art. 98 sec.3). More formal is competence of administrative structures allows advisory bodies or locally set up advisory on legislative, technical or military means that composition of Polish Ad,isory Committee. It to avoid these conflicts. bodies with competences in historic should be undertaken durtng peace time as well consists of: monuments preservation i as in case of military conflict, in order to enforce Head of the Committee, who is minister E. Local government advisory bodies Hague 1954 Convention and Protocols attached responsible for culture and cultural heritage or involved in the preservation of the historic Regional Council for the Protection of to this Convention. This competence refers also his deputy acting as the General Inspector for monuments Monuments has general opinion making to peace and stabilization missions of Polish Monuments: competence in the field of "the protection and Armed Forces when they are engaged abroad Secretary to the Committee; According to art. 99 sec. 1 Regional Inspector care of monuments" (art. 99 sec. l). within the framework of UN operations; 4 representatives of the Minister of of Monuments is autholized to compose its own making proposals to Council of Minister Culture and the Cultural Helitage: Reg1011al Council for the Protection of E,2 The relationship to ensure, that Polish Armed Forces will have 2 representatives of the Minister of between Monuments by nominating 5 to 10 its members decentralized or locally set up advisory knowledge on, and will respect and protect Intelior; for lhe period of 4 years. They should be chosen bodies and the local monuments when engaged in armed conflict on 1 representative of the Minister of government from experts in the field of the protection of (instatement, decision malting and decision the terlitory of Poland or abroad; Defense; 1nonuments. talting process) undertaking of co-operation with similar 1 representative of the Minister of It should be also mentioned, that this committees in other countlies and proper Justice: inspector may ask for opinion any specialized There . is no other than making opinion international organizations; 1 representative of the Minister of institution if he needs special opinion in relat1011sh1p between regional councils for the explaining the ways of enforcement of Education; protection of monuments and local governments. Hague 54 Convention and Protocols to public 1 representative of the Minister of Higher connection wi_th deciding on license for export for particular obJect ( art. 60). In such case this autholities, institutions and other organizations, Education; F. Annexes (legal texts relevant for the 1 representative of the Minister of Foreign institution acts as advisory body and for the need subject, statistics, etc.) B,3 Monitoring and control competences Affairs; (if any) 3 experts in the field of the protection of monuments. Advisory bodies have no direct control Peliod of mandate for members of this competence. They make opinions on execution of Commit.tee is not stipulated. protection policies and only in this sense they have monitoring competence in all flelds C,2 The instatement of the advisory enumerated above under point B2. bodies and the selection procedures of their members B,4 Competence with respect to the World Heritage List procedures There is no special procedure for instatement of these bodies. Their members are nominated According to art. 15 sec. 2, listing of a respectively by Minister of Culture and Cultural particular monument as a Monument of History Heritage, General Inspector for Monuments, and by the President of the Republic can be made in case of Polish Advisory Committee by Prime only after Monument Protection Council made Minister and respective ministers. an opinion on such proposal. If the monument is finally listed, Minister can initiate the procedure D. The relationship between the advisory to place such monument on the World Helitage bodies and the administrative structure in List, respect to the preservation of historic C, The membership of the advisory bodies monuments

C, l Members (number, professional D. L The decision malting process in the eligibility, incompatibilities, time of activity of the advisory bodies mandate) Advisory bodies have no power to make Monuments Protection Council may consists decisions. They only make opinions. of 10 to 20 members nominated by Minister of Culture and Cultural Hclitage for the peliod of 4 D.2 The decision malting process in the years. Members should be selected from people, administrative structures who '·has outstanding achievements in the field Decision making process lies in hundred of the protection and care of monuments" (art. percent in the competence of administrative 97 sec, 3). In comparison with this council, structures. cmnposition of Main Co1n1nission for Conservation is rnorc flexible. It consists of l 5 D.3 Conflicts between decisions talten by members who are nominated by the General the advisory bodies and the administrative 48 49 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES.

Arch. Adrian Craciunescu - Romania

A. The advisory bodies in the national legislation In Romania, the advisory bodies for monuments are norrtinated by the law for the protection of historic monuments (422/2001) u nder U1e generic name of "The National Comrrtission for Historic Monuments'' and are covering both the national and the regional levels. Even if the zonal commissions are intended to be segments of the national commission, in °fact the law defines them distinctly. at national level acts the National Commission for Historic Monuments and its 4 specialized sections (for technical aspects, for inventory, for urbanism and protected areas and for a1iistic components) at regional level there are 12 "Zonal Commissions for Histo1ic Monuments"

Other bodies important for historic monuments are the local commissions for urbanism that function as advisory bodies for the rrtinistry of public works and for the mayors and chief architects of municipalities and county councils. They debate all urban plans (general urban plans, zonal urban plans and detail urban plans), including those for areas comprising members" or "invited members··. The "co - opted historic monuments or other protected areas. members·· are nominated as such, along the full members, by a ministe1ial order and they have a A. I The Legal status of the advisory pennanent mandate as the full members do. The bodies in the national legislation "invited members" might participate lo one The law for the protection of historic debate over a specific issue, either in sections of monuments (422/ 2001 with its later the National Comrrtission or in zonal ones, modifications) defines the National Commission following the invitation of the administrative of Historic Monuments as "advisory body'' staff, whenever the public clerks consider that is meaning that its decisions do not necessarily required to do so. come into force if the minister and the The other commissions acting as advisory administrative apparatus for histo1ic monu­ bodies for the minist1y for public works or for ments have different visions over a specific the administration of county councils or for issue. The comrrtission has its own regulation municipalities are defined by lhe law for setting the frequency and the way debates a re urbanism 350/2001 (and its later modifications). canied on. The regulation is approved by the They are subject lo local decisions of the elected minister for culture and religious affairs and councils, following the proposals made by the come into force by a ministe1ial order. mayors. chief architects or presidents of county The law stipulates a fixed number of councils based on suggestions made by local members for both central (2 1) and zona l professional bodies or associa tions. commissions (9 each) a nd the regulation is allowing supplementary e:x.1Jerts lo bring A.2 National advisory bodies/ deconcen­ s pecialized expertise within the sections of the trated/ decentralized advisory bodies (if there National Commissions or, accidentally. within is the case) the zonal ones. These specialists are "co-opted The national adviso1y bodies are: 51 l

and is given taking into account all the other destruction of a potential monument, without and Religious Aftairs. T11is can be achieved only - The National Commission for Historic notices Issued by the institutions entitled by the any other· external proposal as in ordinary cases. for the individuals co-opted or invited as Monuments and its 4 specialized sections for the law on construction (50/1991). During the process of debate, until the members. Those categories of members of the I Ministry of Culture and Religious Affairs building/group of buildings/site is listed or not, National Commission of Historic Monuments are The deconcentrated advisory bodies are: . B. The competences of the advisory ?odi~s the subject is protected (no more than 12 nominated by the minister of culture (following - The 12 Zonal Commissions for H1stonc in respect to the preservation of the h1stonc months) as a monument. the recommendations of his /her staff, based also Monuments for the deconcentrated offices of the The decision of listing a monument is monuments . on proposals of deconcentrated offices and Ministry of Culture and Religious Affairs, Main competences of the National confirmed by the minister of culture through a professional bodies from the field of historic grouped in 3 or 4 counties per zonal co~m1sslon Commission of Historic Monuments are related ministerial order published in the official monuments in the territory). The decentralized advisory bodies are to the development and promotion of national journal. The law 422/2001 defines the composition of exclusivelv set for the municipalities or for t)Je strategies, methodologies and standards for the the National Commission of Historic countv c~uncils administrations and relate with field of historic monuments and for its B.2 Advisory competences (approvals, Monuments. Therefore some members, the Jaw 350/2001 for urbanism and with the specialists, listing of monuments, and to the permits, etc.) theoretically, could be nonqualified in historic local autonomy principle defined In the law advisory of all types of interventions coµcemmg The central and the zonal commissions are monuments as they are proposed by: the regarding local administration.' entitled to ad,ise both for urban planning issues Ministry of Education and Research, the 21512001 built heritage. . f Those advisory bodies for urbamsm are Competences are extended to all categones ~ and for any construction type interventions on Romanian Academy, Ministry of Public Works. ,, recommended but not compulsory to be . ts and thelf monuments or ,vithin their protected ' intenrentions on monumen - 1 organi~ed. protection zones or within protected. a~eas or areas/buffer zones. C. l Members (number, professional I· 1· ·t s Whenever the appropriate comm1ss10n has The resolutions issued by the central or mnal eligibility, incompatibilities, time of s1 e · d · · · taken '1J,q A.3 The functional relationship bet~een already regulated a situation, ec1s10n is commissions do not con1e into force unless the mandate) the advisory bodies and the central, regional then directly bv the public clerks. Ministry of Culture and Religious Affairs and its The number of the members of the National and local administration . . . Romania classifies n1onuments in two cl~sses county agencies officially formulate them. None Commission for Historic Monuments is 21 as the \1. The advisory bodies are funct10mng usmg the of value: "A" - of national or intemahonal of those official notices can be used as building Jaw defines the commission. In fact, together facilities and the budget of the Ministry _of relevance and "B" - of local or reg10nal permits but as obligatory parts of the building with co-opted members, the total number is not Culture and Religious Affairs and its importance. Debates regarding "A" monur.ne:1ts permits. fix since each sect.ion has 9 members, not all of iii, deconcentrated offices. The secretariat of the take place in sections of National Comm1ss1on In terms of urban planning. the approvals of them being among the 21. For instance, only the advisory bodies is also provided by the central and those regarding "B" monuments take place the Ministry of Culture and Religious Affairs are president of the section for artistic components Ii: nd deconcentrated admlnistrat.ion of the mandatory just for the national level and for the is full member; the other 8 members are co­ ':\( within the zonal Commissions. aM.llll ·st~, LlY of Culture and Religious Affairs. . . general urban plans of the localities. In lower opted. The regulation of the National Comm1ss10n B.l Listing competellces degrees of urbanism, the permit of the Ministry Professional eligibility is not restricted as for Historic Monuments stipulates that once a Management of the inventory of historic of Culture and Religious Affairs might be long as the person is nominated by an month there is one meeting of each category ~f monuments is one of the main tasks of a technically avoided unless the public clerks from organization mentioned by the law, is proposed i the commission and that they follow in a certain specialized institution of the Mh1istry of Culture the heritage system express their "interest" in by the staff of the ministry of culture and is ,, order. Each subject under debate has a d Religious Affairs _ the Nat10nal Institute of debating those issues (if learning about them in accepted by the minister of culture. Some of the I, resolution reached by the majority ~f the an th d "not time). n1en1bers of the Zonal Comrnissions are even Historic Monuments. However, . e ec1s10 . 11 members. It results into a recommendat10n for listing or removing from the list of a certam irremovable since the law imposes the presence the notice issued by the Ministry of _Culture and_ building. group of buildings or sites remams the B.3 Monitoring and control competences of the chief-architects of the county councils in Ii Religious Affairs or its regional _offices, part of le attribute of the National Comm1ss1on of (if any) those commissions. the procedure of obtaining the bmldmg pe~nt. According to the previous form of the Jaw, the The duration of the mandate of the ~storic Monuments tl1rough its specialized i\ Decisions are taken in zonal comm1ss1ons section for the list.ing of monuments and of the members of the advisory bodies had also c01nmission is 5 years. I · the specialized sections of the central monitoring and control competence. The present and m . ·al· d minister of culture. . .. commission. Decissions taken in the spec1 iz;c The proposal of listing/ removal from the hst law does not. ment.ion those attributes but leaves C.2 The instatement of the advisory sections (class "A" monuments) have to be I can be done either by the owner, the mayo_r, and the possibility for all members to make ditect bodies and the selection procedures of their ,.I validated by the plenum of the N~t1~nal the museums or by ONGs acting in the field of remarks to the authortties. members Commission of Historic Monuments. Dec1ss1~n~ heritage. A detailed study of the hist?ry and the Selection of the members of the National and taken in the zonal commissions (class B values of the subject has to be delivered by a B.4 Competences with respect to the of the Zonal Commissions for Historic monuments) have to be validated by the plcnui_n specialist recognized by the Ministry of CuJtur~ World Heritage List procedures Monuments is done according to the Jaw, 15 of the National Commission of H1stonc and Religious Affairs, Clerks of the services. o The National Commission for Historic members of the central commission are proposed Monuments only if they are contested by the historic monuments within the deconccntrated Monuments is entitled to propose the by tl1e Ministry of Culture and Religious Affairs, petitioner or by the public officers. Between the . •es of the ministrv (of the specific county monuments to be submitted to the debate of the 2 by the Romanian Academy, 2 by the Ministry O ffJC • d ]' ' g two sessions, both the petitioner and the public where the subject Is located) are also e JVenn World Heritage Committee for inclusion in the of Education and Research, 1 by the Ministry of clerk have the opportunity to express doubts or their report that is debated first in the. Zonal list of World Heritage or the list of the Public Works and l by professional bodies on denial over the recommendations made. Th~se Commission for Historic Monuments, A endangered monuments of that list. NGOs working in the field of historic disputes are taken to the national comm1s_s10n conclusion is drawn there and put into arep: Monitoring and reporting in case of the 1nonun1ents. where a final decision is made. Aft.er that, either that have to be amended by the sect10n 101 t. , alreadv inscribed monuments are the tasks of The co-opted members are generally chosen an official paper is issued follo\\1ng . the istino· of monument and afte1wards validated by Natio1{a1 Institute for Historic Monuments, from the renowned specialists proposed by l b • 1 commission recommendation - that might be the plenum of the Nat10na C omm1ss1 . .on for professional organizations such as the National taken to court by the petitioner or, contJ·ary, u· Historic Monuments. . . ., C. The membership of the advisory. bodies Union of H.estorers or other type of organizations the responsibility of the administ.rat1~e decision A special procedure is the "emergency hs~~fd Membership of zonal commissions and for such as JCOMOS. is entirely taken by the minister and Ins staff.. that can be started also by the deconcentr. JS the central commission is intended to be limited For the zonal commissions, according to the The building pennit is the competence_ of the offices of the Minist1y of Culture and Rehg101 lo specialists and experts in heritage, recogni7£d law, each county council delegates the chief­ local administration (cit.her mumclpallty or Affairs· in case of· nsk · o f permanen· t damaging° or by a cert!flcate issued by the MinistJy of Culture architect for tl1e specific commission, The county council - in case of n1ral 1nonun1ents) 53 '! 52 deconcentrated offices of the ministry propose to the approptiate commission - zonal for "B'' the rest of the 9 members of each zonal monun1ents and c;:entral for ''A" monun1ents - and, in order to maintain the decision, the plenum has to adopt it with two thirds of the Technical -commissions for urbanism are commission. together ,vith an official point of view. After the substantiating the decisions are taken, by vote, by the The final decision rests with the minister of votes. After the final vote, the recommendation is debates described earlier, the ministry or its elected local councils for urban plans. Historic culture. The composition of the central and of agencies are releasing an official notice put into an official format of the Ministty of monuments are no special issues in terms of the zonal comn1ission is instated by a ministerial according to the recommendations of the Culture and Religious Affairs or its deconcentratecl offices. procedures of local elected councils. order published in the official journal. appropriate com1nission. For problems that are already regulated by The official notice that implies the ' modifications of the projects is not issued until E,2 The relationship ' between D. The relationship between the advisory previous debates and decisions (such as a decentralized the modifications are made. or locally set up advisory bodies and the administrative structure in decision over a property located in context where bodies and i respect to the preservation of historic rules within the protected area are adopted the local government (instatement, decision making monuments already), do not raise doctrinal or sensitive E. Local government advisory bodies and decision :,':II involved in the preservation of the historic taking process] 11, There is no subordination relation between technical problems or simply they are too minor, monuments the advisory bodies and the administrative the civil servants might deliver the official notice The advisory bodies have in fact no direct .:< structures. Previous law gave an important \\ithout consulting the ad,isory body. These are mainly the technical commission relationship ,vith the local goven1ments. Even so, quite often, pressure of local governments :: instrument of control for the central D.3 Conflicts between decisions taken by the for urbanism. The local communities have also !i commission: the approval of the budget and the ac!,isory bodies and the administrative the liberty of creating their own structures to over the advisory is put over certain projects in I structure of the National Program for structures (mechanism of consultation, monitor and support the preservation of historic order to obtain decisions in favor of local I'I monument on their administrative territory. For investments in protected areas. 'Ii! Restoration. The present law denied this conciliation and final decision) prerogative, which is now exclusevely The regulation of the National Commission of instance: one district of Bucharest (no. l) already ·'1: created its uwn service for historic monuments Arch. Adrian Criiciunescu 'i' administrative. Historic Monuments reserves the right of the petitioner or of the civil servants to demand a under the authority of the chief architect of the district. No other advisory bodies for heritage is D. l. The decision making process in the second opinion in case they feel the advisory . Arch. Adian Craciurtescu has a master degree known until now. m conservatwn at the Raymond Lemaire Centre in activity of the advisory bodies body (zonal commission or specialized section of Leuven. and teaches at the Bucharest University The decision-making is intended to be the central commission) gave an inappropriate qf Arclutecture and Urban Studies. Member of the deliberative and the conclusions are drawn by recommendation. For this reason, between the E. l The competences of the decentralized Romanian National Cormnission on Historic qualified majority of votes. The recommendation seances of the plenum of the National ad~sory b?dies or locally set up advisory ,nonuments, assumed various positions in the has to be validated in three steps before is Commission - that is the regulatory body as bodies with competences in historic monuments preservation Romanian administration of the Ministry of accepted and transformed into official acts by defined by Jaw - and those of the "lower" Culture and Religious Affairs. the administrative structures. The first step: an advisory bodies (zonal commission or specialized issue is debated within the zonal commission or section of the central commission) there is a within the specialized section of the central short period of about 7 to 10 days for appeals. commission, depending on the rank of the The civil servant (or the petitioner) might monument. Second step: the bureau of the consider that the recommendation of the zonal central commission (president and four commissions or of the specialized sections of the presidents of the sections, acting as vice­ central commission are generating confliction presidents) prepares the plenum debate by situations toward the legal frame or they filtering possible contestations. Third step: the generally speaking do not serve the monument's plenum of the commission is debating well being, transmit their objections to the contestations or validate the previous decisions bureau of the National Commission of Historic of lesser bodies. Monuments. The president of the National Each seance of debates has a timetable set Commission and the four presidents of its 24 hours before the meeting (at least) and made specialized sections form the bureau, having the public on the Internet. Debates for each subject task of preparing the seances of the plenum and encl up with a vote after the author of the to analyze the eventual objections as earlier project/study presents the subject and after the described. The bureau reviews the public clerk in charge with the dossier expresses documentations and decides if the objection has his/her point of view. Members of advisory body to be taken to plenum. Objections formulated by have the right to express their opposition in civil servants are obligatory taken to debates of written form in the special register of the the plenum of the commission. The plenum meetings. Members of the advisory bodies fornmlates the final recommendation. If the authors of the projects or studies under debate bureau rejects the objection of the petitioner, the do not vote. official notice is delivered according to initial proposed form. D.2 The decision making process in the The unsatisfied petitioner has then the administrative structures liberty to take the official notice of the Each dossier containing studies or projects administration to court. The public servant has concerning a monument is submitted to the an extra option in case the decision of the County Department for Culture, Religious Affairs plenum of the National Commission seems to be and Heritage - deconcentratecl offices of the inappropriate for the monument. He/her can Ministry of Culture - where the monument is appeal to the minister of culture. The minister listed. The public clerk then submits the project resends the docu1nentation to the conunission 54 55 THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION OF HISTORIC MONUMENTS. THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES.

Luis Antonio Anguita Villanueva - Spain

A. The advisory bodies in the national legislation

A. I The Legal status of the advisory bodies in the national legislation

The advisory bodies are integrated in the administration of the federal government or the Autonomous Communities. Their lega l status will depend on the standards that created them. Generally. they are administrative bodies within the Minis try of Culture. They are bodies dependent on the stan dards within their categories. The only exceptions occur within advisory bodies to univers ities in which case their legal status depends on the private or -Other advisory- bodies collectedd in article 3 public leanings. In the first instance they are of the National His toric Preservation Act are within the law that created them and the same the "Reales Academias", the Spanish administrative s tanda rds, and in the second univers ities. the Director of Scientific case, they are within the contract between them Research and Major Counsel. and the Cu ltural Consultant. They are consultive bodies: - The General Council of Monuments, and A.2 National advisory bodies/deconcentra­ Historic Distti cts te d/decentralized advisory bodies (if there is - The General Council of Archives the case) -The Coordina ting Council for Libraries -The Joint Heads of Cave Art In Spain, advisory bodies a ppear in the -The Joint Heads of Museums standards of Historic Preservation as dependent -The Joint Heads of Excavations and parts of the Public Administration. There a re no Archeological Excavations private advisory bodies except in exceptiona l -The Joint Heads of Ethnology circumstances. In our legisla tion, with cultural ma terial falling 2.- Autonomous Communities: Cultu ral Heritage between federal and regional competence, Councils (Listing competences and monitoring). control is with the regions. We can classify cultural property advisory bodies as: 3.-Local Administration: advisory bodies in 1. - Federal: urban planning.

- Historical Heritage Council. It is a body of A.3 The · functional relationship between the collabora tion between the federal adv isory bodies and the central, regional and administration and the a uton omous regions local administration and il has as final goal the facilitation of communication and the exchange of As said a t A. 1, these are bodies dependent on programs regarding informalion on Spanish the central and regiona l administration that His to1ical Heritage have authority in lhis ma tter. The functional -Board for the Certifi cation . Valuation and rela tion is the location of lhe advisory bodies Export of Property of the Spanish Historical within the adminislralive structure tha t tends to Heritage. included them in the General Direction, thal is - IL is a cons ultive body ascribed lo the to say, after the respective Ministers. general direction of Fine Arts a nd Cultural Goods

57 B.4 Competences with respect to the World o Loarre Castles But as I said, selection procedures are stlictly ~ B. The competences of the advisory bo~ies i_n o Cave paintings of Siega Verde. 1 Heritage List procedures politic to reach a place as member of these 11 respect to the preservation of the h1stonc o Cailadas de La Mesta. advisory bodies. monuments The body in charge of elaborating the list of o Histolic DmV11town of Ceuta B. l Listing competences o His torte Downtown of Melilla D. The relationship between the advisory (approvals, goods susceptible of being dedared wodd B.Z Advisory competences heritage that is required by the Pans Convention bodies and the administrative structure in permits, etc.) ("f is the Historical Heritage Council. Autonomous Communities have the powers to respect to the preservation of historic B.3 Monitoring and control competences 1 prepare the expedient. Usually with Universities monuments any) The Spanish list is created as follows: and City Councils and other agents interested D. l. The decision making process in the 1. Each Autonomous community seleds in. The Ministry of Culture has coordinate and activity of the advisory bodies The functions of the Historical Heritage Council the goods in its region capable of bemg advise functions in this subject. Besides, our D.2 The decision making process in the are· declared World Patrimony in the future. · Ministry has to send the compete expedient to administrative structures -To. know the actual programs, fede~al ~nd 2. Historical Heritage Council a~alyzes thde World Heritage Center before 1st of February regional, relative to Spanish Histoncal proposals, debates and coordinates an each year. Advisory bodies employ a majolity vote in Patrimony, as well as the results of same proposes the Spanish list. . making decisions. Majolity votes are importai1t -To elaborate and approve the national plans of 3. Historical Heritage Council approves the C. The membership of the advisory bodies although unanimous votes are preferred. information on the Historical Patrimony that Spanish list. C.l Members (number, professional eligibility, have as their object the development of the 4. The Minister of Culture passes same to incompatibilities, time of mandate) D.3 Conflicts between decisions taken by the communication between different services and the Center for World Heritage, as advisory bodies and the administrative spread information necessary to develop the secretary of the committee. -Council for the Histortcal Heritage is made up structures (mechanism of consultation, scientific and technical research . . . of: conciliation and final decision) -To elaborate and propose formative activity The Spanish list was approved by Historical a) President: General Director of Fine Arts and campaigns on Historical Patrimony Heritage Council that meets May 31, 2002 m Archives, from Ministry of Culture. They cannot occur because in Spain the advisory -To inform of the means. that should be. adopted Teruel. It has been reformed on June 29 and 30 b) 17 Members: each one by Autonomous bodies are located within the administrative to guarantee the necessary collab?ration .with of 2006 in the Council for Historical Patrimony Community. structure - within a certain hierarchy. the objective of accomplishing the mtemat10.nal celebrated in Navarra and the goods included responsibilities that affect the Spanish histoncal are: -Board for the Certification, Valuation and E. Local government advisory bodies involved patrimony d d -Mineral Historical Patrtmony Export of Property of the Spanish Historical in the preservation of the historic -To infonn on the destiny of the recovere goo s -Almaden on the Road of Mercury of the Heritage. Is made up of: monuments from illegal exportation . Camino Real E.l The competences of the decentralized -To spread information on themes related with -Renaissance and Barroque Arch of a) 18 members designated by the Ministry of advisory bodies or locally set up advisory historical patrimony that the president submits Grananda (amplification of Granada). Culture: 15 of them proposed by the General bodies with competences in historic to his consultants Director of Fine Arts and Archives and 3 of them monuments preservation th -Cultural and Natural views of the -Any other function that in the scope of e Mountains of Tramontana in Palma and proposed by the General Director of Books and authortty of the council is attnbuted due to a Majorca Libraries. All of them need to be relevant people The local goven1ments in theory do not have legal or regulatory disposition -Altamira and the paleonithic art of the in their respective subject. competence in the protection of the histolical Cornisa Canabrtca (amplification of b) 4 Members designated by the Secretary of the patrimony. I say in themy because in reality Functions of the Board for the Certification, Cantablia) Treasury: 1 of them proposed by the General their competence in this matter each day is more Valuation and Export of Properly of the Spanish -Greek archeological distrtcts of Empuries, Director of Customs and Special Taxes and 3 of relevant. When fomling urban plans, the city Historical Herttage. Analyzes and sends L'Escala, Girona lliem proposed by the General Director of Taxes. goveniments develop a special standard for a proposals regarding: -The Mediterranean Vertiente of the histolic distlict. In this case, the standards of a) To permit solicitations of exports of the As you can see all of them are political planning have the ability to have commissions 1985 Pvrenees (French/Spanish) goods referred to in the Law of 16 I -The ''Via de la Plata" (Road of Silver) designations and they are forced with the law. for the protection of artistic/historic patrimony b) To inform the permit solicitations of -The Ribeira Sacra, Lugo and Orense within the urban organization of the city. These temporary leave from Spanish territory. -Ancares-Brafias. Incompatibilities are the general of their charge commissions develop work around the control of c) To inform the regarding the change. of -San Lorenzo de El Escortal Monastery and inside the Goverment. propert.ics of immovables which are more movable federal goods projected by article its natural environment Important than lliose of the regions. This is 34 of the Law of 16/ 1985 -Medlterranian Windmills Time of mandate depend on the political because the city must approve building permits d) To fix the value of the exported illegal -Frontier Castles Department who designed. They are "trust and demolition permits related to immovables goods and to detem1ine the -Francisco J aver Cultural Route charges". that are part of the pahimony in historic cities. corresponding sanction th -Dinosaur feetp1int in lbelican Land e) To value the goods to be imported to e -Vine and 'Nine cultural Route in C,2 The instatement of the advisory bodies E.2 The relationship between decentralized or countrv for calculating the dues and to to Mediterranean Villages and the selection procedures of their locally set up advisory bodies and the local applv the other values of development per Stone dry architectural members government (instatement, decision making Titie\'III of the Law of 16 / 1985 Teide National Park and decision taking process) f) To value the goods that the Minister of o Histolic Herttage El Ferro! The instalment are a plus in the salary. Besides, Culture projects It ,viii acquire. for o Hercules Tower, La Cornn.a. they have important traveling expenses to assist The relation does not exist among jmisdictions libraries, archives, and museums of the o Via Augusta. at the reunions. in Spain. What has happened in reality is due to federal government . o Historic Dmvnto\\~1, Palmas de Gran the destructive relation that exists between the g) Any other function attrtbuted to a legal 01 Cana1ia. Most of them are civil servants. They need to growth of the new city and the conservation of regulatmy function o North Route (amplification of St. Jacques pass public examinations. before enter in the tl1c old city and that is the advisory bodies of Way). Administration bodies. Autonomous Communities control the local 59 58 l

Luis Anwnio Anguita Villanueva, Degree in La'.1' advisory bodies that authmize the buildb1g or THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION and Doctor in Law by Complutense UniversitiJ tn OF HISTORIC MONUMENTS works that can be contrary to the preservatwn of Spain. Lawyer by must,ious Bar Association . of ',, the local histortcal patrimony. Madrid. Visitor Researcher in Harvard University, THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES ' Oxford University and UNIDROI Center in Rome. I F. Annexes (legal texts relevant for the He has written more than twenty publications Prashantha B. Mandawala - Sri Lanka subject, statistics, etc.) about cultural heritage law. We can quote: Private '11 Property in Cultural Goods /1st and 2nd edition), 1 1 }1 Law 16/1985 dated 25 June, on the Spanish I Cultural Heritage Codex, European R,ghts and Historical Heritage (Official State Bulleh:1 ?f 29 Culiure or Culture and Spanish Copyright Law. June 1985). PDF file translated by M1mstry of He has participate of ICLAFifrom 1997 and he is A. THE ADVISORY BODIES IN THE committees are established either the Culture. member from Athens (USA) meeting in 2002. NATIONAL LEGISLATION chairmanship of the head of the local authority - Mayor, or the head of the administration of the A. I The Legal Status of the Advisory dishict the Government Agent/Dishict Bodies in the National Legislation Secretary. These committees could be identified as decentralized ad'lisory bodies. ,., 'I The national legislations operation in Srt Lanka has provided advisory bodies for the A.3 The Functional Relationship Between protection of cultural herttage in Sri Lanka. They the Advisory Bodies and the Central, Regional are: and Local Administration 1. Advisory body established under the Antiquities Amendment Act No. 24 of 1998 Both advisory bodies established under the (Annexure 1) Ordinance/ act of Parliament functions as 2. Advisory body established under the advisory bodies related to the central National Museum Ordinance No. 31 of 1942 administration as they have been formed to (Annexure 2) provide advise to the two departments, namely the Department of Archaeology and the 1. Ad,isory body established under the Department of National Museums which are Antiquities Amendment Act no. 24 of 1998 functioning as departments belongs to the Central Administration. Main functions of these Under the Antiquities Amendments Act the two advisory bodies are given below. minister responsible for the archaeological activities of the country could establish an Archaeological Advisory Committee "Archaeological Advisory Committee" by publishing s order in the Gazette. To advise the Director General of Archaeology ,I I 2. Ad,isory body established under the • On any or all of the matters the minister I National Museum Ordinance No. 31 of 1942 considers necessary for the purpose of carrying out or giving effect to the principles and Under the National Museums Ordinance provisions of the Antiquities Ordinance No. 8 of Ii every National Museum should have an Advisory 1940 I Committee. • Where advice is sought by the Director General of Archaeology on matters connected to I A.2 National Advisory Bodies / the performance of the duties stated under the I Deconcentrated / Decentralized Advisory Antiquities Ordinance No. 8 of 1940 (See Bodies (if there is the case) Annexure 3 for duties and powers of the Director I General of Archaeology) Both advisory bodies established under the Antiquities Amendment Act and the National Advisory Council of the. National Museum Museums Ordinance are national advisory bodies related to the protection of cultural • To provide advice on all matters related properties in Sri Lanka. Apart from these, areas to the management and administration of the

of historical, architectural, archaeological or museums which have been directed by the ' aesthetical importance could be declared under Director I' the Town and Country Planning Act and the • To perform all duties imposed by any Urban Development Authority Act in order to regulation prohibit or restrict the use or development of • To rnake necessary· representations and land for the purposes which are contrary to the recommendations related to the management significance of the area, These areas are and administration of the museum as the identified as "Sacred Areas." In order to regulate cmnmittec may consider necessaty the activities \vith in these areas special advisory 61 '60 l

or rejecting any proposal for the development or Advisory Committee of the National D.2 The Decision Making Process in Advisory Committees of the Sacred Areas use ofland v.ith in the area. Museum the Administrative Structures B.3 Monitoring and Control Competences Archaeological Advisory Committee The advisory bodies specially appointed for (if any) The members of the Advisorv Committee of the purpose of activities connected to the the National Museum consist of· the Director of Every meeting is summoned by the Director "Sacred Areas" has a direction function related Ad,isory bodies has no obligations what so National Museums and ten members appointed General of Archaeology as and when matters are to the specific sites for Which it has been ever in monitoring or controlling activities by the Minister in charge of the National posted either by the Minister or the Director established. As such these ad,isory bodies are related to the archaeological heritage of the Museums. Out of these appointed members at General him self. All· meetings are chaired by the functioning as advisory bodies related to local country as they will be handled by the officers least five of them would not be government Director General although it is not stated in the administration. The main functions of these responsible in the institutions. Bu.t as an when officers. At present the members appointed are Act. The matters would be discussed in an open advisory bodies are requested by the authorities, these advisory consist of professional and non professionals forum and the final decision would be arrived at • To identify the use of the land and bodies are given the power of visiting the related to the field, According to the act the time on agreement of most of the members. buildings with in the areas relevant sites in order to monitor the acti,ities period of the advisory committee is for the • To establish rules and regulations that had been carried out and to provide their maximum of three years. Advisory Committee of the National governing the use of land and buildings with in expert advice or views on the activities that have Museum the area Advisory Committees of the Sacred Areas • To establish the rules and regulations been completed. The committee has made regulations for the relate9 to the development of land and buildings B.4 Competences with respect to the There is no limit of members of these conduct and has prescribed the procedure of its with in the area World Heritage List procedures committees. The Chairman of the advisory business and the meetings are chaired by the • To provide guidance to the approving committee would be either the Mayor of the Director of National Museums. authorities of development proposals submitted Onlv the Ad,isory Committee appointed Local Authority or the District which are related to the area under the Antiquities Act has competence \\ith Secretary/Government Agent of the District in Advisory Committees of the Sacred Areas • To monitor development activities with in respect to the World Heritage List procedure. which the Sacred Area is situated. The members the area Some of the members of the advisory committee of these committees consist of the owners of the The Committee has a fixed agenda and a • To act as a coordinating body of provision are being professionals they are being caJI upon monuments in the area and the members of fixed date for its meetings. All matters related lo of common amenities with in the area to guide the preparation of nomination dossiers Government institutions responsible for the the area have to be essentialJy discussed by the and to participate in the nomination process. maintenance of the monuments and committee before it is implemented by any B. THE COMPETENCES OF THE surroundings and for the prmision of common institution. But the matters directly related to ADVISORY BODIES IN RESPECT TO THE C. THE MEMBERSHIP OF THE ADVISORY amenities for the users of such areas. There Is the Archaeology, i.e. archaeological PRESERVATION OF THE HISTORIC BODIES no time period stipulated for the committee. investigations, consenration and maintenance of MONUMENTS Monuments and Sites, etc. do not fall into the C. l Members (number, professional C.2 The Instatement of the preview of the Committee. The decisions taken B.l Listing Competences eligibility, incompatibilities, time of Advisory Bodies and the Selection Procedures during the meeting has to be implemented by of their Members the relevant authorities None of the above mentioned advisory bodies mandate) has any listing competence. On the other hand Archaeological Advisory Committee D. THE RELATIONSHIP BETWEEN THE D.3 Conflicts between Decisions their main role is only to provide advise on the ADVISORY BODIES AND THE taken by the Advisory Bodies and the matters rclated to the management and The number of members who serve in the ADMINISTRATIVE STRUCTURE IN RESPECT Administrative Structures (Mechanism of administration activities related to the Archaeological Advisory Committee is not stated TO THE PRESERVATION OF HISTORIC Consultation, Conciliation and Final institution or the site. in the Act. As such the Minister in charge of MONUMENTS Decision) ii B.2 Advisory Competences (approvals, archaeological acti,ities is pennitted to appoint Ii ', any number for the committee. At present there D.l. The Decision Making Process in Except the decisions taken by the permits, etc,) are 34 members in the committee. The the Activity of the Advisory Bodies Archaeological Advisory Committee the decisiOns professional eligibility for the appointment of taken by the other two ad\isory committees are The Archaeological Advisory Committee members is also not stipulated in the act. As Advisory committees related to the final. The heads of relevant institutions that are always provide the guidance for the Director such at present the members who are appointed Archaeological Department and the Department responsible for the implementation of the General of Archaeology in issuing permits for the consist of Buddhists Priests, Members of of National Museums pro,ides ad,ice to the decisions cannot change them unless they are I archaeological excavation, conservation of Parliament who are competence on the subject of Head of the Department on the matters posted referred back to the committee and the decision monuments and export of antiquities when archaeology, Past Commissioners/Director either by the Minister or the Head of the is amended. But the decisions taken by the requested by the Minister or the Director Generals of the Archaeological Departtnent Department. As such, all meetings are held Archaeological Advisory Committee are not General of Archaeology. Archaeologists, Architects, Architectural when the committee meetings are summoned by mandatory and the Director General of Conservators, Histmians, Members of Security the head of the institution and the meetings are Archaeology is empowered either to implement The Ad,isory Committee of National Forces, Government Officers and Members of chaired by the head of the institution. The only the decision taken or not to implement it. But in Museums also provides guidance for the Director General Public. Since there are 34 members in exception is t11at the Advismy Committee of the most cases the Director General always tends to of National Museums to approve the purchase, the committee it has been observed sometimes it National Museum has to meet at least in each abide by the decisions taken. by the committee, eXchange, sell, loan or transfer of books, is cxtremcly difficult to come to a consciences half year. The Sacred Area advisory committee In some cases when a final consensus could not documents or objects. with regard to controversial matters. According has ti1eir monthly meeting chaired by either the be arrived at by the committee, the Director to the act the time period of the advismy Mayor of the relevant Local Government General tends to consider all arguments and The advisory committee of the Sacred Areas committee is for the maximum of two years. Authority or the District Secretary/ Government take the most appropriate decision in his provides the recommendations for the Planning Agent of the District. personal capacity as a professional. · committee of the local government in approving

63 62 (Instatement, Decision Malting And Decision E. LOCAL GOVERNMENT ADVISORY THE ROLE OF THE ADVISORY BODIES IN THE PRESERVATION Taking Process) BODIES INVOLVED IN THE PRESERVATION OF HISTORIC MONUMENTS. OF THE HISTORIC MONUMENTS As stated in E. l , there are n o Local THE RELATIONSHIP BETWEEN ADMINISTRATIVE AND ADVISORY BODIES. Government Advisory Bodies involved in th e E. 1 The Competences of the preservation of Histo_ri_c~l Monumen ts, apart James K. Reap - United States of America Decentralized Advisory Bodies or Locally S~t fo rm the ancilla1y activ1t1es of the areas where Up Advisory Bodies with Competences m historic mon u m en ts are s ituated . Historic Monuments Preservation F. ANNEXES (LEGAL TEXTS RELEV ANT Th ere a re n o s u ch advisory bodied in Sri FOR THE SUBJECT, STATISTICS, ETC.) The United States of America has a federal Lan ka. The competen ces in the preservation of system of government. Therefore, in order to Ann exure 1 Antiquities Historic Monumen ts are vesled with the provide a full picture of the advisory bodies in Amen dment Act No. 24 of 1998 - Part V A - Department of Arch aeology a n d work is eith er the United States, one must examine the Advismy Committee h andled by th em direclly or by a license issues existence and role of such bodies on the by the m. All licen ses issu ed by th~ ? epartment Annexure 2 National Museu m nation a l, stale and local levels a re subjects to the d irect supervis10n by the Ordinance No. 3 1 of 194 2 Section 5 & 6 - representa tive of th e Director General of Advisory Committee A. The advisory bodies in the national Arch aeology th rou gh the powers vested to him legislation by th e law. Annexure 3 Antiquities Amendment Act No. 2 4 of 1998 - Section 10 - A. I The Legal status of the advisory E.2 The Relationship Between Powers and Duties of Director Gen eral of bodies in the national legislation Decentralized or Locally Set Up Advisory Archaeology Bodies and The Local Government There are many advisory bodies appointed to assist agencies and offices of the national government. In 1972. Congress passed the Federal Advisory Committee Act (FACA) 1 formally recognizing the merits of seeking the advice and assistance of citizens while assuring that advismy committees 1) provide relevant and obj ective advice that is open to the public, 2) act promptly to complete their work, and 3) control costs and k eep adequate records. The General Services Administration provides a guide to FACA and its require ments on the GSA website.2 Th is s tatute and the rules promulgated thereunder govern all federal advisory committees with at lease one citizen member. the reserved powers reserved lo the slates. However, the specific legislation creating Under the police power, states may regulate adviso1y committee may supersede some of the persons a nd property for the protection of the FACA provisions for that specific advisory general welfare o f all the citizens while still committee. respecling basic individual lights guaranteed by the Constitution. All states have enacted Th e Constitution of the United Stales does legislation in the area of historic preservation not address the issue of h is toric preservation. and have d elegated authority to local The 10 th Amendment to the U.S. Cons ti tu lion governments t.o enact. preservation laws on a provides thal any power not given to th e federal variely of subjects within their respective governm ent or prohibited to the slates is jurisdictions. The federal government has also reserved to the stales or to the people. Courts enacted legislation for the protection of historic have held that histo1ic preservation falls within resources, the most important being the National the "police power", lraditionally viewed as one of Hisloric · Preservation Act of 19663 which established the overall philosophy and framework for a national approach to historic http://www.gsa.gov/gsa/cm attachments/GSA BASIC/with preservation in partnership with stat.es and local communities. The provisions of the act establish annotations R2G-b4T OZ5 RDZ-i34K-pR.doc (Accessed the most important hislolic preservation 15 Nov 2007) 2 adviso1y body in the United Stales - the Advisory Council on Historic Preservation. - to advise the http://www.gsa.gov/ Portal/gsa/ep/contentVicw.do? program Preside nt and Congress generally on ld=9140&channelld=- preservation matters a n d to provide specific l 317 I &ooid=9755&contentld= I I 869&pageTypeld=8203 &contentType=GSA BASIC&programPagc=%2 Fep%2Fpr ogram¾ ? FgsaBasic.jsp&P= MCC (Accessed 15 Nov 2007) 3 http://www.achp.gov/11hpa.ht111I (Accessed 15 Nov 2007) 65 64 ------·------

ad,ice to officials of the executive branch of Properties7) and incentives (e.g. grants to fund recommendations of the Advisory Council are government undertaking public projects licensed state and local programs8) to encourage full B.2 Advisory competences (approvals, not binding on the other federal agencies, but permits, etc.) or funded by the federal government that may participation in the federal scheme by state and Council com1nents are often persuasive in affect historic properties.4 local governmental bodies, Indian tribes, modifying federal projects to better protect Federal Level: Advisory nongovernmental organizations and the private Council on Historic historic resources. The regulations of the Preservation has the Another advisory committee important for sector. following advisory Advisory Council provide a major role for state competencies: heritage conservation on the international level, historic preservation officials in assessing impact though less important at the national level, is B. The competences of the advisory bodies of the federal undertaking on resources within the U.S. National Commission for UNESC0.5 in respect to the preservation of the historic • Advise the President and Congress on the state. Each state has an Advisory Council Created by statute in 1946 (22 USC Sec. 2870). monuments. historic preservation issues; (see Section B. l, above) that participates in the the commission has up to 100 members (not • Recommend legislative and National Register nomination process. These I. more than 60 representatives of non­ B. 1 Listing competences. administrative improvements to protect bodies have no formal role in the environmental governmental organizations (NGOs). and not America's heritage; review process. However, the Manual for State more than 40 "outstanding persons" including The Advisory Council on Historic • Ensure that, through the Section 106 Advisory Councils issued by the National Park not more than 10 officials or employees of the Preservation has no formal role in the process of review process, the public, Indian tribes, and Semce states: United States Government, not more than 15 listing properties in the National Register of State and local governments have a voice in representatives of the interests of state and local Historic Places. Decisions on eligibility and Federal decisions that impact historic properties; Although Review Board members do not play governments, and not more than 15 individuals listing in the Register are delegated to an • Mediate between local historic an official role in the environmental review at large.) In the area of heritage conservation, employee of the National Park Sen1ce (within the preservation interests and Federal officials when process, awareness of the importance of early the primary focus of the Commission is the U.S. Department of the Interior) known as the the government's activities could adversely affect planning in the Federal Government's World Heritage Convention. 6 Keeper of the National Register.9 National historic properties; environmental review and compliance Register regulations do prm1de for the creation • Encourage Federal agencies to make procedures will allow Review Board members to A.2 National advisory bodies / of state advisory bodies called State Review their programs and policies advance national serve as troubleshooters. . .. deconcentrated / decentralized advisory Boards.10 State historic preservation officers preservation goals established by Congress; Other general environmental re,1ew activities bodies (if there is the case) must submit completed nomination forms and • Educate stakeholders - including federal that Review Board members can involve comments received from property owners, local agencies, state and local governments, Indian themselves in are: On the national level there is the Advisory governments and the public to the State Review tribes, other nations and international 1. Advising the SHPO in formulating laws or Council on Histortc Preservation. (See above.) Board, The Board re,iews the nominations and organizations, the National Trust for Historic procedures, similar to the Federal Advisory determines whether properties meet the National Preservation, and other prtvate groups and Council process, to ensure that no action or Most states pro,ide for some kind of advisory Register criteria for evaluation and makes a individuals - about the benefits of historic funding that affects a National Register eligible body for historic preservation. recommendation to the State Historic preservation, strategies to achieve them, and the property is taken by any agency of State Preservation Officer to approve or disapprove the activities of the Council. government untll a proper review of the project's Many local governments have established nomination. The State Historic Preservation • Encourage training and education in the impact has been made; local bodies with a variety of advisory and officer then, makes his or her own field of historic preservation. 2. Serving in an advisory capacity in any regulatory powers. (example) recommendation to the Keeper of the National • Issue annual and special reports on its environmental review or National Register Register who makes a final decision on listing. activities and the results of its studies. Reports determination of eligibility case that the SHPO A,3 The functional relationship between These review boards perform a similar function may include the Council's assessment of current wants to refer to the Review Board. 14 the advisory bodies and the central, regional and in states that also have a state register of and emerging problems in the field of histortc local administration historic places. The State of Washington's preservation, an evaluation of the effectiveness of B.3 Monitoring and control competences Advisory Council is an example of a council that public and private efforts in the field and (if any) The National Historic Preservation Act participates in the nomination process for both proposed legislation or other govern~ental provides a partnership between the federal national and state registcrs. 11 On the local level, actions. B'ederal Advisory Council reviews the policies government and preservation programs at the preservation commissions which are certified by and programs of Federal agencies. (See response state and local levels. The federal government the federal government as meeting certain Section 106 of the National Historic in section B.2, above) establishes standards (e.g. The Secretary of the requirements are allowed to formally participate Preservation Act creates a role for the Advisory Interior's Standards for the Treatment of Historic in advisory capacity in the nomination process Council on Historic Presen•ation in providing its B.4 Competences with respect to the for the National Register of Historic Places.1 2 comments to the heads of other federal agencies World Heritage List procedures fund or license projects ("undertakings") that may have an effect on historic propertics.13 The The Advisory Council has no formal advisory role in the World Heritage listing process. The 4 7 The Advisory Council maintains an excellent website with http://www.nps.gov/history/hps/tps/standguidc (Accessed World Heritage Program is administered by the foll information describing its legislative authority, 15 Nov 2007). http://www.nps.gov/l1istory.1lips/clg (Accessed 15 Nov 8 2007). membership, programs and activities: http://www.nps.gov/history/hpsihpg (Accessed 15 Nov 13 bttp://www.achp.gov/indcx.html (Accessed l 5 Nov 2007). 2007). Section 106 (36 lJSC 470(!)) provides as follows: "The 5 http://www.statc.gov/p/io/unesco/ (Accessed 15 Nov 9 Sec the National Register regulations at: head of any Federal agency having direct or indirect 2007). http://www.nps.gov/history/nr/regulations.htm (Accessed jurisdiction over a proposed Federal or federally assisted eligible for inclusion in the National Register. The head of 6 At tbe 2005 lJNESCO General Assembly of State Parties, I 5 Nov 2007) undertaking in any State and the head of any Federal any such Federal agency shall afford the Advisory Council 10 the U.S. was elected to a term on the VVorld Heritage Note 10, above, Section 60.6. ~epartment or independent agency having aLithority to on Historic Preservation established under part B of this II Committee, In addition to the World Heritage Center, the license any undertaking shall, prior to the approval of the subchapter a reasonable opportunity to comment with U.S. Mission's work with UNESCO's Culture Sector http://www.dah p, wa. gov /pages/I Ii stori cS ifos/ A dvisoryCoUJJ expenditure of any Federal funds on the undertaking or regard to such undertaking." focuses on an important new program on endangered cil.htm (Accessed 15 Nov 2007). rnor to the issuance of any license) as the case may be, take 14 12 1 movable cultural objects that includes a particular emphasis Sec a complete description of the Certified Local ~1to account the effect of the undertaking on any district, http://www.nps.gov/history/nr/publications/bullctins/strevm on museums. Government Program on the National Park Service website: site) building, structure, or object that is included in or an/strevman8.htm (Accessed 15 Nov 2007). 66 67 Term of office. Members (I), and (9) through Initiate Section 106 Process U.S. Department of the lnterior.15 That department is advised by the Federal (11) above serve four years from the expiration of Estahllsli nndertaking lnteragency Panel for World Heritage, one their predecessor's term. The members .,. ,Ya u11de1·takinglnopotential to appointed under (5) and (6) serve for the term of Identify appt·opriate SHP01THPO,. member of which is an appointee of the Advisory cause effects Council for Historic Preservation. The role of their elected office, but not more than four years. Plan to involve the public - that panel, all federal agency appointees, is to Appointed members are limited to two terms, but continue to serve until a successor is appointed. Identify. other consulting parties assist in the following activities: 1) The development of policy and procedures for effectively implementing the Convention in the Each state has different requirements for Undertaking is (VJJe that .111igltt affect membership in advisory bodies, generally ' U.S.; (2) The evaluation of draft U.S. nomination historic properties documents; (3) The making of recommendations focusing on expertise in particular academic disciplines such as history, architecture, for approval of U.S. nominations; (4) The dissemination of information on the Convention landscape architecture, archaeology, etc. The Identify Historic' Properties composition of local advisory bodies in within other Federal agencies; and (5) The Deten11ine scope of efforts. determined by local ordinance, but must often promotion of increased awareness and Identify historic properties .,. ]Vo histo.~ic properties affected understanding of the importance of heritage comply ,vith state enabling legislation. conservation. Evaluate histot-ic significance Local bodies require interest or competence C. The membership of the advisory bodies in historic preservation an often specify desirable (or mandatory) professional competencies. Historic properti.es' are ({/.'(ected l' C. l · Members (number, professional the advisory eligibility, incompatibilities, time of D. The relationship between Assess Adverse Effects .,. 1Vo historic pPoperties ad1"erse(r bodies and the administrative structure in mandate) of historic Apply criteria of adverse effect affected C.2 The instatement of the advisory respect to the preservation bodies and the selection procedures of their monuments. members His·toric properties m·e am•erse(v D. l. The decision making process in the ' affected Federal Level: Advisory Council on Historic activity of the advisory bodies Preservation: D.2 The decision making process in the Re.solve :A.dvers.e, Effects ' .,. Jiemwrandum ofAgreement (1) a Chairman appointed by the President administrative structures Continue consultation selected from the general public; D.3 Conflicts between decisions taken by (2) the Secretary of the Interior; the advisory bodies and the administrative FAILURE TO AGREE .,. COUNCIL COMMENT (3) the Architect of the Capitol; ' (4) the Secretary of Agriculture and the heads structures (mechanism of consultation, conciliation and final decision) Section 106 Regulations Flow of seven other agencies of the United States 'Cb.';;;~;~,Europe, Central Architecte du Patrimoine en Tete des Tr:ivaux National Alliance of Preservation Commissions. Des Monuments Byzantines et Post-Byzantins Australia: His background in planning includes service to 46 Asia, Africa and the Middle East. · Ministere de la Culture Prof. Graeme \Viffen 5, Rue Tzortz 1 / 44 Beach Road Athens 10682 Bondi NSW 2026 Australia Honduras: Dr. Gloria Lara-Hasemann Belgium: President of ICOMOS / Honduras Prof. Anne Marte Draye Apartado Postal 2933 \Vinkselsesteenweg 80 Tegucigalpa D.C. B · 3020 Herent Indonesia Brasil: Tanialia Alisjahbana Dr. Sonia Rabello de Castre 20, JI. Duren Bangka Professor of Public Law Jakarta 12706 University of the State of Rio de Janeiro Av. Oswaldo Cruz, 139/601 Israel: Rio de Janeiro Gideon Koren Ben-Zvi, Koren & Co. Bulgaria: Law Offices Dipl.arch. Hristina Staneva 8 Ben-Maymon St. ICOMOS /Bulgarta Jerusalem 94187 11 Slaveykov Sq. 100 Sofia Italy: Dr. Massimo Carcione Chile Lecturer of Cultural Heritage International Law Amaya lrarrazaval Zegers Univcrsita del Piemontc 0Iicntalc "A.Avogadro'' Francisco de Aguirre 4155, depto 23 Via Legnano 36 Vitacura 15100 ALESSANDRJA (Picmonte- Italy) Santiago de Chile Japan: Colombia: Toshiyuki Kono I Claudia Fadul Rosa Professor of Law ' Doctor en Derecho y Ciencias Politicas Faculty of Law, Kyushu Univ. 23 La Universidad de Cartagena Fukuoka 812-8581 Castillo San Felipe de Barajas Centro de Audiovisuales (Cavi) el Espinal Mexico: Cartagena de lndias Jose Ernesto Becerril Mir6 Secretary General Finland: ICOMOS Mexicano, A.C. Ms. Satu-Kaarina Virtala Retomo Valle Real No. 3, Casa 23, Ministry of the Environment Colonia Valle de las Palmas, Huixquilucan, PO Box 35, FIN-00023 Government 53398, Estado de Mexico. MCxico

France: Netherlands: rj Prof, Patrick Le Louarn Mr. Leonard de Wit ·1:' 29 rue Tourelles 1,!' ROB 22 I 90 Plerin P.O. Box 1600 3800 BP Amersfoort Germany: The Netherlands Dr. \Ven1er van Trlltzschler Thiiring;cr Kultusministeriu1n Norway: \Vcrner-Seelcnbindcr-Str. 7 Marie Louise Anker D 99096 Erfurt S0r-Tr0ndclag .B)'lkeskommunc Regionalutvikling Greec·e: Fylkeshuset postuttak 70 Atl1ina Christo!ldou N-7004 TRONDHEIM 71 of America: College of Environment and Design NORWAY 609 Caldwell Hall University of Georgia Peru: Athens. GA 30602-1845 Alberto Ma rlo1-ell Carre110 C/) Las Matas 31 3ro D. Uruguay : C Madrid, 28039 Dr. Alberto Quintela Peruzzo 0 SPAIN Docente de la Facultad de Arquitectura 0...... Universidad de la Republica "'O Philippines: 2 de mayo 1378 ..c ro Atty. Rose Beatrix Cruz-Angeles C/) '- Montevideo CP 11.300 Rm 411. Nationa l Museum Building C ..... Padre Burgos Street comer Finance Road Q) Associate Members: ro Ermita, Manila 1000 N t) ..... 0 Belgium: Poland: Arlette Verkruyssen u '+- Prof. Dr. Wojciech Kowalski t) 0 University of Silesia, Faculty of Law Adviseur El\.-terne Betrekkingen Kunstlaa n 9 ...... UL Bankowa l la ro C 1210 Brussel '- Q) 40-007 Katowice t) Bulgaria: 0 E Romania: Q) asist. drd. arh. Adrian cr::;ciunescu Svetoslav Vasilev Georgiev "Hadji Dimitar", b l. 140 E t) Universitatea de Arh itectura si Urbanism "Ion Mincu ", Q) C Departamentul de lstoria si Teoria Arhitectu1ii & vh. B, et. 5, app. 37, 1510 Sofia 0 ro Conservarea Patrimoniului. ..c Bucuresti. sector 1. strada Academiei nr. 18-20 Mexico: C Lie. Roberto Nunez A.rratia Nunez Anatia y Asociados, S.C. w South Africa: Durango 247, Col. Roma Andrew Hall Northern Cape Department of Sport.Arts & Culture 06700 Mexico D.F. Postal Address: Private Bag X5004, Kimberley 8300 Physical Address: 22 Abattoir Road, Ashburnham. Romania: Conf. Sergiu Nistor Kimberley University of Architecture and Urbanism Ion Mincu Bucharest (wwv,.iaim.ro) Spain: S tr. Academiei 18-20, Sect. 1. Bu charest Maria Rosa Suarez-Incla n Ducassi President of ICOM OS / Spain ETS Ing. Minas. UPM Spain: Dr. Luis Anguita Villanueva Rios Rosas, 21 Universidad Complutense de Madrid 28003 Mad1id Facultad de Derecho Departamento de Derecho Civil Sri Lanka: Arch t. P.B. Mandawala Avcla. Complutense s/n Head. Depa rtment of History and Archaeology Mad1i d 28040 University of Sri Jayewardenepura Unite d States of America: Gangodawila Barbara T. Hoffman . Esq. Nugegoda The Hoffma n Law Firm 330 W. 72nd Street Sweden : New York, NY 10023 Thomas Adlercreutz. Esq. Nationa l Forti!ka lions Administration Q) Prof. Jennifer Cohoon McStotts SE-631 89 Es kilstuna '- 66 George Street .....::::, Dept. of Sociology & Anthropology t) United Kingdom: College of Charleston ::::, Dr. Christopher Young '- Head of World Heritage and International Policy Charleston. SC 29424 ..... Q) C/) English Heritage Autumn Rierson Michael, Esq. 0) ro 23 Savile Row, ro '- London WlS 2ET Executive Director ..... '+- Historic Ch arlotte Inc. ·c C P. 0. Box 33113 Q) United States Cha rlotte. NC 28223 Dr. James K. Reap I ro '- .....::::, u::::,

72 Phase 1: Exporations and partnerships

•1998 The Conference "Sibiu / European Confluences Mounir Bouchnaki: Sibiu is a paradigm of the European culture •1999 Partnership with Luxemburg for the restoration of the building in Piata Mica 16 •2000, Elaboration of the Charter for the Rehabilitation of the Historic Centre

Phase 2: Foreign Expertise and Commitment of the Local Government

•1999 GTZ Preliminary Study •2001 Local Action Plan (2001-2004) •2001 ... Demonstrative actions, consultancy and co-financement •2004 Decision to run for the nomination in the UNESCO World Heritage List

,,, l___ -- -- ,, ------

Phase 3: The Preparation of the European Cultural Capital

•The City Hall> The Rehabilitation of the urban infrastructure and of the public spaces •GTZ> Focused, complementary (P-ta Huet) and small, wide spread interventions •MoC&C> Restoration of historic facades in the central squares and along Balcescu st.

o,:;..:---, _::,r,,-.. ~ . ,,.-=..::.-?~~i~ .",.- '~------X~--.,i ~~~ ~ - .---'~...... · --

Expertise & capabilities

City hall: Financement capability and credit eligibility Building approval competences (a special office set up in the City hall) Administrator of a wide public realm to be rehabilitated Direct contact with citizens Expertise & capabilities

MoC&C: Legal capacity to finance the restoration of private owned historic monuments Technical competences thru central and local advisory bodies Control and monitoring capabilities

•The Governmental Support:

•The financement of restoration work - 32 buildgs.- 6 Mil. Euro

•Co-financement of the urban infrastructure rehabilitation - 1O Mil. Euro

•Co-financement of the Sibiu interntl. airport rehabilitation - 11 Mil. Euro The Goals of the Public Intervention on the Historic Facades :

1. The Conservation of the historic values of the facades around the central squares 2. The enhancement of the architectural heritage thru its integration in a turistic and cultural circuit

~ ..-.~A·~ ~ ~~/~ ~~i _-117.:--;-, '::'t{; ":t:'.tj

The Objectives of the Public Intervention for the Restoration of the Historic Fronts:

1. The Extension of the domain culturally suitable and publicly available

2. The Conservation of the architectural outstanding values of the site, as an historic city and a potential World Heritage Site Constrains: • Short delays for both the elaboration of the studies and the technical specifications and restoration work • Building structural issues • An large number of owners having to agree with the restoration works • Legal texts constrains (i.e. the real estate guarantee) • Potential for accusations of corruption

,r------~------"'------.::::,-~--~-:::::======------~---- .--=a. ______...a

Priorities: • Collaboration with the City Hall in the seting up of the intervention list and theme • Securing the funds for the studies in 2005 and only for special cases in 2006 (expertise) • Focusing on buildings without important structural failures • A proper selection of buildings to be restored according to their position with respect to the public squares and their capacity to provide space for the cultural activities and sufficient public access for visitors.

ilr.j lll CONCLUSIONS:

Technical issues: • The Romanian legislation wasn't prepared for such large operations, even initiated by the Ministry of Culture ( MoC&C ) • Insufficient local and regional technical expertise (restorers, architects, surveyors)

,,,.., - ;-. -~ - '-- -

CONCLUSIONS:

Operational issues: • Reduced operational capacity on behalf of the local enterprises lack of manpower for such programs. • The example of the local authorities is very important and it is followed by the private owners.

.v, --": - - :---: - . , •. - - ~-~~ -'"~-- • - - ..-.. - I~~~

----~..._J ..;.. l • '·. . --;~~r. .~.-:':,;;.=.... h,..,,_.~.,.7!"~,r..:z:r..·· .... - ~ · "'/"=:1-.;'r,- ,, 4"'""--*~~~.~~,,. f' ~ , .~""'"~-,-··-ta~ ·,..~'- ';--: -..~ .---~-.~ - - :.::..!":. _ _&~ - - -··:;c.· . Sl CONCLUSIONS:

Done the first time: • The elimination of the real estate guarantee for national programs of restoration • The setting up of agreements between the City and locals for the public access in the private courtyards • The interventions being explicitly marked with MoC&C signs on the facades • The public consultation with the citizens upon the restoration works to be carried out