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MiBACT: A Practical Guide to Rediscovering Common Sense!

Beatrice Zagato    -    

Pierpaolo Carbone    Studio Lemme Avvocati Associati, Roma, Italia    

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abstract

Art. 12(2) of the 2004 Code of Cultural Heritage stipulates that the Ministry shall dictate the general guidelines which the public offices responsible for assessing the cultural nature of a private good must adhere to. The same reference is made in art. 68(4); 4(1); 29(5); 71(4); 72(4) of the Code. Yet neither MIBAC (first) nor MIBACT (subsequently) have ever set the parameters required by the regulation. How, then, can the efficiency, equity and transparency of administrative action be ensured if it lacks that essential ‘uniformity of assessment’ placed, by the legislator, at the basis of the most significant measures related to the circulation and preservation of the cultural good?

Published
Dec. 31, 2017
Accepted
March 21, 2017
Submitted
Jan. 13, 2017
Language
EN
ISBN (PRINT)
978-88-6969-225-3
ISBN (EBOOK)
978-88-6969-179-9

Keywords: Certificate of free circulationCultural goodsCultural interest

Copyright: © 2017 Beatrice Zagato, Pierpaolo Carbone. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.