ITALY - national legislation
In Italy, the general responsibility for heritage lies with the Ministry of Heritage and Cultural Activities. According to article 9 of the Italian Constitution: “The Republic promotes the development of culture and scientific and technical research. It safeguards landscape and the historical and artistic heritage of the Nation”. Four levels of government (State, Regions, Provinces and Municipalities) share responsibilities in the field of culture. The protection or guardianship of heritage is currently among the cultural responsibilities still held by the State, with a few exceptions listed in art. 5 of the Code of Cultural Heritage and Landscape (D.Lgs. 2212004 n. 42), the National Law for the safeguarding of Italian cultural heritage. The Regions, Municipalities, Metropolitan Areas and Provinces cooperate with the Ministry in the execution of their protective functions.
In accordance with “Devolution Laws” adopted in the late 1990s, the regions have “legislative faculties which coincide” with those of the State as regards valorization of heritage (“valorizzazione” is a term referring to the activities aimed at the promotion of knowledge of cultural heritage and at guaranteeing the best possible conditions for the use and public enjoyment of this heritage).
Of the 20 Italian regions, 5 (Valle d'Aosta, Sicilia, Sardegna, Friuli Venezia Giulia and Trentino Alto Adige) have been granted broader competences in the field of culture and according to their statutory laws, hold exclusive and direct legislative and administrative responsibility for their own heritage assets, including museums and sites, through their decentralized Superintendencies. There are therefore no Regional Directorates for Cultural Assets and Landscape at state level in these regions
The 107 Italian provinces through their departments of culture (Assessorati Provinciali alla Cultura) are in charge of their own cultural institutions, mainly libraries and museums, and can coordinate municipal public libraries.
Through the departments of culture (Assessorati Comunali alla Cultura) Italian municipalities are in charge of the direct management of municipal cultural institutions including museums and sites, archives, libraries, theatres and multifunction cultural centres. Italian municipalities also participate by investing in the restoration and maintenance of their historic assets, under the supervision of the Ministry.
The complex and articulated ministerial system for the identification and protection of cultural heritage revolves around a Secretariat General (with a General Secretary). 8 General Directorates are based in Rome, and 5 of these mostly focus on the protection and conservation of cultural and landscape heritage: GD Fine Arts, Contemporary Architecture and Art; GD of Antiquities (archaeological heritage); GD of Libraries, Cultural Institutes and intellectual property rights; GD of Archives; GD of Valorization of Cultural Heritage, for public access issues which may affect conservation), with the technical support of 8 Central Institutes, which are relatively autonomous high-level scientific bodies.
The ministerial structure therefore consists of 17 Regional Directorates of Cultural Assets and Landscape (in 17 of the 20 Regions), and 87 Superintendencies, so that competences are structured on a regional scale.
Centrally, the Secretariat General of the Ministry is in charge of managing relations with international bodies such as the European Union and the Council of Europe, taking part in steering committees, research groups and coordination activities in the field of culture. It also coordinates international activities, including those relating to the UNESCO Convention for the protection of the world cultural and natural heritage, for the protection and promotion of cultural diversity, as well as the protection of the legacy of intangible cultural heritage.
LEGAL FRAMEWORK
- Cultural Heritage and Landscape Code (D.Lgs. 2212004 n. 42) - Art. 5., Art. 135.
- Devolution Laws " adopted in the late 1990s
- Constitutional Law 3/2001
- Law no. 63 of 26 March 2008 on Landscape heritage
- Law no. 1395/23 on the National Council of Architects, Planners, Landscapers and Curators appointed by the Ministry of Justice
RATIFIED INTERNATIONAL CONVENTIONS
- Granada 10/20/2000 05/04/2006
- Valetta 10/20/2000 05/04/2006
- Florence 10/20/2000 05/04/2006
- Faro 10/20/2000 05/04/2006
- The European Landscape Convention by Law 9 gennaio 2006, n. 14.
Information regarding legislation is based on Council of Europe's data: https://rm.coe.int/herein-european-heritage-network-italy-national-policy-report/16808c7768