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Санкционната система в италианското право на културните ценности
The System of Sanctions in Italian Cultural Wealth Law

Author(s): Paolo Garbarino
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Cultural wealth; regime of safeguarding cultural wealth; administrative sanctions; punishments
Summary/Abstract: Within the Code of cultural heritage and landscape of the year 2004 (Codice dei beni culturali e del paesaggio – d.l. 22 gennaio 2004 n. 42) a significant part is devoted to the sanctions (Articles 160–181), thus leading to the conclusion that a real and essential sanction system safeguarding the cultural heritage has been established.The norms in the Code envisage mainly sanctions of administrative nature (Article 160–166), which I will present briefly. The Code also contains provisions regarding the invalidity of all legal acts violating the provisions of the Code itself, which seems to be entirely of civil law nature. I will also discuss those provisions, which constitute certain discrepancies in light of their interpretation by the Italian Court of Cassation.Then, in a synthetic elaboration I will focus on the norms envisaging sanctions of criminal nature (Articles 169–180). The emphasis can actually be on the fact that this Code does not exhaust the criminal matter concerning protected cultural values and landscape but its norms are added to those in the Italian Criminal Code although this creates a possibility for manifestation of some problems when coordinating their application.Another aspect that will be presented is the fact that in some cases the norms of criminal nature in this Code concern violations of the law related to endangering, most often consisting of the absence of request to the competent administrative authorities (The Ministry of Cultural Heritage and its divisions) for granting permissions or giving concessions: these violations are considered performed even if the relevant cultural site has not suffered any damages due to such absence. Some scholars raise the issues of the constitutionality of these norms due to their too general content or because they are founded on not so well-defined requirements of the administrative offices.In conclusion, the issues related to the actual efficacy of the sanction system in its complex form will be discussed, by presenting some proposals for its review so that it can be more effective in the field of protection of cultural values.