LEGISLATION AND COMMON VALUES: A REPORT FROM BELGIUM/ THE FLEMISH REGION

Draye, Anne Mie (2017) LEGISLATION AND COMMON VALUES: A REPORT FROM BELGIUM/ THE FLEMISH REGION. In: HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES. International conference October 12-13, 2016 Niguliste Museum Tallinn, Estonia Conference proceedings. ICLAFI, ICOMOS Estonia. ICLAFI, ICOMOS Estonia NC, Estonian Academy ofArts, Tallinn, pp. 34-38. ISBN 978-9949-88-197-0 [Book Section]

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Abstract (in English)

Already in 1835, very shortly after the “creation” of the Kingdom of Belgium, a Royal Commission for Monuments was appointed by royal decree. The duty of this expert commission consisted of advising the Belgian government on several aspects of heritage preservation. This early public interest in the maintenance of historic buildings is very often linked with the firm intention of a young nation to affirm its own identity through the remains of a glorious past, and with the state of neglect of many monuments as a result of the French Revolution. Despite the efforts of the Royal Commission, it would last until 1931 before a formal law was voted on the protection of monuments and sites. This first Belgian heritage law offered possibilities for protecting monuments presenting a national interest due to a historic, artistic or scientific value. In order to preserve these “common values” for the future, the property rights of owners were restricted: they were not allowed to bring alterations to the exterior of a monument without prior permission of the Royal Commission for Monuments and the local authorities. These restrictions, public easements, didn’t lead to compensation for the owners of protected monuments. However when restoration works became necessary, subsidies could be granted within the budget available. The intention to preserve monuments even lead to the inscription in this first monument law of an article creating the possibility of expropriation for the national and the local authorities when a monument was threatened with severe damage or decay in case it remained in the hands of his owner.

Item Type: Book Section
Authors:
AuthorsEmail
Draye, Anne MieUNSPECIFIED
Editors:
EditorsEmail
Alatalu, Riinriin.alatalu@gmail.com
Randla, Annelianneli.randla@artun.ee
Languages: English
Keywords: Heritage legislation; Conservation history; Historical surveys; national legislation; Laws; Values; Belgium; legal framework
Subjects: A. THEORETICAL AND GENERAL ASPECTS > 07. History of conservation
E.CONSERVATION AND RESTORATION > 07. Management
E.CONSERVATION AND RESTORATION > 11. Legal protection and Administration
K.LEGAL AND ADMINISTRATIVE ISSUES > 03. National/Regional legislations
International Scientific Committee: Legal, Administrative and Financial Issues
ISBN: 978-9949-88-197-0
Depositing User: ICLAFI ICOMOS
Date Deposited: 25 Apr 2019 15:50
Last Modified: 25 Apr 2019 15:50
References: Arrêté qui institue une Commission pour le conservation des monuments du pays, 7 January 1835, Bull. of,

January 11 1835, no. 111.

Belgian Constitution, article 144.

Constitutional Court, 1 October 2015, no. 132/2015.

Constitutional Court, 19 April 2012, no. 55/2012.

Constitutional Court, 2 July 2003, no. 94/2003.

Council of State, 10 November 2001, no. 216.218.

Court of Cassation, 13 June 2013, TBO 2014, 91.

Court of Cassation, 16 March 1990, Cass 1989-90, 922.

Court of Cassation, 24 June 2010, RW 2010-11, 1217.

Decree of the Flemish Government of 16 May 2014 implementing the Immovable heritage decree of 12 July

2013.

ECHR, 13 November 2014, Varfs v. Greece, no. 40409/08.

ECHR, 19 July 2011, Varfs v. Greece, Requête no. 40409/08.

ECHR, 4 October 2016, Matas v. Croatia, no. 40581/12.

ECHR, 8 November 2005 Saliba v. Malta, no. 4251/02.

Immovable Heritage Decree of July 12 2013, MB, 17 October 2013.

Loi sur la protection des monuments et sites, MB, 5 September 1931.
URI: http://openarchive.icomos.org/id/eprint/2069

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