Members of the Democratic Front prof. Ph.D. Jelisava Kalezić and Assoc. Ph.D. Branka Bošnjak submitted to the parliamentary procedure amendments to two laws related to the field of cultural and artistic creativity and the field of protection of cultural assets.
Analyzing the Law on Culture, it was concluded that it is necessary to initiate its changes because the law does not create key prerequisites for establishing the principles of democracy and transparency in the field of culture, which is the basis for conducting a quality cultural policy, according to the press release of the MPs. The proposed amendments to the law create a normative basis for the establishment of the meritocratic principle in decision-making and management in culture and thus for the depoliticization of cultural institutions.
"One of the prerequisites for the implementation of the Law on Culture is the existence of the National Council for Culture as a functional working body that has precisely defined competences and obligations. The experience with the previous National Council, whose members' mandates expired, was negative. We are not aware that the National Council produced any analysis, report or proposal during its mandate, nor that it even expressed concern about the state of cultural heritage, deprofessionalization in cultural institutions, etc., the announcement states.
The existing Law on Culture gives the right to the Minister of Culture to propose members of the National Council, while the proposed legal solution defines the structure based on the principle of equal representation of experts and artists from all fields of culture... The novelty introduced by the proposed law is the introduction of the institute of public competition for selection directors of public institutions founded by the state.
"We considered the legal solution according to which directors of public institutions founded by the state to be appointed and dismissed by the minister to be particularly controversial. That is why we propose that in the process of appointing directors, a transparent procedure is applied, which aims to professionalize the election, and not to appoint directors at the head of national institutions on the basis of a party-clan key," the announcement states.
When it comes to the co-financing of programs in the field of cultural and artistic creativity, there is, as stated in the announcement, no transparency in the commission's work procedure, as well as favoritism of certain individuals and organizations, and there is no control in the realization of the allocated funds.
"In order to ensure an equal relationship with all entities that participate in tenders, it is proposed to define clear criteria for the evaluation of projects that would guarantee decisions based on the principle of quality and importance of the project", the announcement states, adding that it is a prescribed obligation for the Ministry, i.e. municipalities to control respecting the contract and sanctioning the users of the funds if they misuse the funds obtained in the competition, in contrast to the current law where this is left only as a possibility.
"Following the implementation of the Law on Culture, it was established that in seven years the Ministry of Culture failed to create normative opportunities for the full implementation of the law," the announcement states.
Layman's interpretation of certain legal norms
The Law on the Protection of Cultural Property, in addition to certain inadequacies, which should be eliminated by the proposed amendments, as stated in the press release, contains all mechanisms for the protection of cultural property. "However, the key reason for the obvious bad situation in this area, which is reflected in the non-fulfillment of legal obligations and the loss of the authority of institutions, does not lie in the law, but in the inadmissible improvisation in its implementation, ad hoc moves and even the layman's interpretation of certain legal norms", it is stated. in the announcement. The state of culture, as stated in the press release of deputies Bošnjak and Klazić, is worse than before the law came into force.
"The important innovation proposed by this law is the change in the form of the state administration body responsible for the protection of cultural assets, in such a way that the Administration is transformed, i.e. it becomes an Institute again, but not as a public institution but as a state administration body. The aforementioned change was initiated by the fact that the stated state body's performance of functions prescribed by law, which consist in the direct execution of laws and regulations, and deciding on the rights and obligations of natural and legal persons and other entities, is primarily based on professional tasks that require the application of special methods and knowledge. In addition, the tradition of the institution, i.e. the Institute for the Protection of Cultural Monuments, from the transformation of which the Administration for the Protection of Cultural Property was born, which was acquired through the hard work of generations of experts, should be respected and should not be interrupted," the announcement states. Kalezić and Bošnjak believe that the foundation act should restore the Institute's status as an independent body that the Administration had at the time of its establishment, which was abolished by the Decree on the Organization and Mode of Operation of the State Administration, and increase the number of professional jobs, reduced by 50% compared to the Elaborate on justification of the transformation of the Republic Institute for the Protection of Cultural Monuments, the Regional Institute for the Protection of Cultural Monuments and the Center for Archaeological Research of Montenegro into the Directorate for the Protection of Cultural Property and the Public Institution Center for Conservation and Archeology of Montenegro adopted by the Government of Montenegro on March 24, 2011. years.
"One of the goals of the amendments to the law is the final regulation of the circulation of cultural goods, works of art and antiquities, on a modern basis, for which legal prerequisites have been created, but even in that part the law has not taken root in practice," the announcement states.
Bonus video:
