2023-10-21 20:55:49
by PAOLO CONTI
The exhortation of the jurist Gerardo Villanacci, since February 2023 president of the Superior Council, consultative body of the Ministry of Culture. The Council has a technical-scientific character in matters of cultural heritage and landscape protection
Gerardo Villanacci, jurist, professor of private law at the Polytechnic University of Marche, has been president of the Superior Council of Cultural and Landscape Heritage since February 2023.
What is the role of the Council today?
«It is a central advisory body of the Ministry of Culture. Expresses opinions regarding cultural and landscape heritage, including on questions formulated by other state, regional, local administrations and foreign states. It can make proposals to the minister on issues of particular importance regarding cultural and landscape heritage”.
An underlying theme: combining protection with contemporaneity. With what criteria?
«Cultural heritage is the testimony of the civilization of a nation and its population. Protecting also serves to better understand and therefore communicate the meaning and immeasurable value of our heritage. The historical memory, and the economic value of the assets that compose it, must absolutely be preserved, guaranteeing, at the same time, their widest usability”.
An example: the issue of rock concerts in archaeological spaces?
«No prejudice towards a rock concert in a monumental complex. But it is necessary to evaluate, on objective technical bases, whether there is compatibility between conservation and event.”
Another issue: image reproduction rights.
«The noun “heritage”, and the consolidated European legislation, confirm that the use and reproduction of cultural assets, if they occur for commercial purposes, must be paid for with even very significant amounts, which it is right to allocate to the development of culture, to protection of the landscape and assets, or of the monument itself involved. Obviously, free admission for reasons of study, scientific research and promotion remains the same.”
Cultural heritage and the economic value it can generate. What position do you have?
«I am convinced that the renewed interest in the cultural heritage of our country, unique in the world with the availability of adequate resources (over 4 million of the Pnrr to the Ministry of Culture), can project us into a new cultural but also economic and social dimension, provided that the major critical issues are overcome, starting from the lack of personnel. An issue which, it must be acknowledged, was taken on by the Minister of Culture, Gennaro Sangiuliano. Just as it has moved on the implementation of digital platforms, the regeneration of small municipal sites, villages and the rural landscape. I would add the shareable battle against acts of vandalism: damage and defacement of precious goods. And then the safety of our fragile territory often devastated by seismic and flood events: on behalf of the Council I express the utmost solidarity with the victims. A topic on which the Superior Council, since it took office, has immediately paid attention and commitment: and we will continue in the future”.
In your opinion, is Article 9 of the Constitution adequately respected by the community?
«Article 9 was born from the firm desire of our constituents to affirm a principle of freedom and responsibility in the field of cultural heritage, even if some considered the rule superfluous. Today, as then, we need to focus on culture and scientific and technological progress: the most powerful tools for emancipation and rebirth of the country. Certainly Article 9 is the key provision of the Cultural Constitution in which other important provisions must also be included such as those concerning the right to health and the freedom of private economic initiative which cannot be paralyzed by certain abstract fears of distorting the landscape situation that are sometimes found.”
We should expect a relaxation of landscape restrictions, excuse me?
“Absolutely not. But we have to deal with a regulatory surplus that also overwhelms the regulation of cultural and landscape assets. The keystone cannot be just the legislative one. It is necessary to equip oneself with solid professional skills that allow a correct interpretation of the rules which must be contextualized at the time of their application”
In what sense, President?
«Time changes the contexts, the needs and the reasons for which a certain law was promulgated. The development of qualified skills in step with the times and the multidisciplinarity essential to deal with complex aspects of cultural heritage are two key points of the ministry’s action. The Superior Council will not fail to provide proposals, stimuli and contributions.”
The system of constraints is often under attack by local authorities and entrepreneurs. What do you think?
«The reform of Title V of the 2001 Constitution, the first organic reform of the Charter, has undoubtedly changed the approach of the institutions and pushed institutional pluralism by innovating the principle of subsidiarity and the division of competences. But it also inspired the 2004 Cultural Heritage and Landscape Code. An undisputed intuition which, however, after about 20 years, deserves to be re-examined to grasp its relevance by amending some passages linked to excessive bureaucratisation. Another necessary step forward after that which occurred with the latest constitutional amendment of articles 9 and 41 of February 2022, which confirmed the primary value of the environment and health. In any case, it is always necessary to reason, with balance and wisdom, on the particular case.
I mean, president?
«That is, contextualizing the bond with the needs of a territory or a landscape, with its history and its transformations».
teacher
Gerardo Villanacci (Avellino, 2 March 1958), graduated in Naples, is full professor of private law at the Polytechnic University of Marche. A cassation lawyer, he specializes in civil, commercial and bankruptcy law. On 12 February the minister Gennaro Sangiuliano appointed him president of the Superior Council of Cultural and Landscape Heritage. The Superior Council for Cultural Heritage and Landscape is a consultative body of the Ministry of Culture: it has a technical-scientific character in matters of cultural heritage and landscape protection. In this context, the Council expresses opinions at the request of the competent central director general
October 21, 2023 (modified October 21, 2023 | 8:55 pm)
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