THE LAW ABOUT DOCUMENTATION IN MUSEUMS IN GREECE

 

In Greece, since 2002 the General Archaeological Law coded by the number 3028/2002 has been in effect. The cultural heritage of the Country, from the ancient years up to today, is protected by law. This protection aims to maintain the historical memory with the support of the present and future generations and to upgrade the cultural environment.

The cultural heritage of the country is defined as all cultural goods that are found within the limits of Greek territory, including the country’s waters, as well as inside the marine areas in which Greece practises relative jurisdiction according to international law. In the frame of rules of international law, the Greek State sees also to the protection of cultural goods that emanate from the Greek territory whenever they were removed. (article 1 l. 3028/2002)

For the application of the provisions of present law. (article 2 l. 3028/2002):

a) As cultural goods are defined the testimonies of existence and individual and communal human activity.

b) As monuments are defined the cultural goods that constitute physical evidence and belong to the cultural heritage of the country. Separate sub-categories have been created within this category:

aa) Α first characteristic separates the monuments between the immovable ones which exist connected to the ground and they remain on the ground or on the bottom of the sea and the movable ones.

bb) As ancient monuments (immovable monuments) are defined all cultural goods that come from the prehistoric, ancient, Byzantine and post Byzantine years and they are dated up to 1830. (article 6 l. 3028/2002)

cc) As modern monuments (immovable monuments) are defined cultural goods that are dated later than 1830 and their protection is imposed because of their historical, artistic or scientific importance. (article 6 l. 3028/2002)

dd) In the movable monuments group are included:

1) those dated up to 1453,

2) those dated later than 1453, up to 1830 and constitute discoveries of excavations or other archaeological research or were extracted by immovable monuments, as well as religious icons and liturgical objects of same period,

3) those dated later than 1453, up to 1830, and cannot be included in case 2) and are characterized as monuments because of their social, technical, folklore, ethnologic, artistic, architectural, industrial or in general historical or scientific importance,

4) the modern cultural goods dated earlier than the last hundred years and characterized as monuments because of their social, technical, folklore, ethnologic, artistic, architectural, industrial or in general historical or scientific importance and

5) the modern cultural goods that belong to the period of the last hundred years and are characterized as monuments because of their particular social, technical, folklore, ethnologic or in general historical, artistic, architectural, industrial or scientific importance. (article 20 l. 3028/2002)

c) As museum is defined the non profit service or organisation, with or without legal entity, that acquires, receives, looks after, maintains, records, researches, documents and mainly exhibits and shows to the public archaeological, artistic, ethnological collections or other physical evidence of the human being and his environment, aiming at the study, the education and entertainment. Services or organisations that have similar aims and operations can be also considered as museums, for instance the open air museums. (article 45 l. 3028/2002)

The protection of the Greek cultural heritage that has been briefly analyzed above is recommended mainly:

a) for the localisation, research, record, documentation and study of cultural goods,

b) for their maintenance and preventing of destruction, alteration and generally each direct or indirect damage of them and

c) for averting any illegal excavation, theft and illegal exportation. (article 3 l. 3028/2002)

As for the documentation in museums in Greece, the monuments are recorded, documented and registered in the National File of Monuments that is supervised by the Ministry of Culture.

The organisation and the operations of the National File of Monuments are regulated by presidential decree that is published after the proposal of the Minister of Culture. The way of recording the monuments, the way of protecting the data, the conditions of having access to them for scientific or other reasons and any other necessary details are also determined in the same manner.

An inspection is held by the responsible Service of the Ministry of Culture at least once every three years. The inspection aims at documenting the state of every immovable monument and the conclusion is recorded in the National File of Monuments. (article 4 l. 3028/2002)

Furthermore, the law 3028/2002 clarifies the issue of property in movable and immovable monuments:

Property in movable monuments

Ancient movable monuments which are dated up to 1453 belong to the State at property and use. They can not get under usucaption and may not be objects of any transaction (article 966 of Civil Code).

The right of property in imported archaeological objects dated up to 1453 is recognized under the terms and conditions of the General Archaeological Law’ s provisions (article 33 par. 3 and article 28 par. 5 and 7).

The right of property in movable monuments dated later than 1453 is practised under the terms and the conditions of the present law. (article 21 l. 3028/2002)

Property in immovable monuments

The ancient immovable monuments that are dated up to 1453 belong to the State at property and use. They are excepted from any transaction and they can not get under usucaption.

The right of property in immovable monuments dated later than 1453 is practised under the terms and the conditions of the present law. (article 7 l. 3028/2002)