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Quali strumenti giuridici statali e regionali per le comunità patrimoniali?

Marco Giampieretti    Università degli Studi di Padova, Dipartimento di Diritto pubblico, internazionale e comunitario    



The Framework Convention on the Value of Cultural Heritage for Society (Faro Conven- tion, 2005) recognizes a central role to heritage communities in the process of identification, study, interpretation, protection, conservation and presentation of the cultural heritage. As a signatory State of the Convention (signed on 27th February 2013, still waiting for ratification), Italy has in any case to ensure its contribution to the safeguarding of the tangible and intangible cultural heritage by adequate policies. Currently, a State law providing a general regulation of the participation of civil society to the protection and the enhancement of cultural heritage in the Italian legal system has not been adopted yet. Nevertheless, communities, groups and individuals have a wide range of instruments available, which can be drawn by an accurate interpretation of the Constitution and of many State and regional laws. In the long run, the persistent lack of common rules on this subject may be a source of uncertainty, capable of weakening, instead of strengthening, the role of heritage communities, in contrast with the principles of the Faro Convention. 


Keywords: Heritage communitiesCultural rightsParticipationRegional lawState law

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