Improvement of legal framework

Where
Montenegro
When
2016
Who
Ministry of Culture
Key objectives of the measure:

The improvement of legal framework, by passing new laws and by-laws has as its goal to create good basis for institutional and organizational reform in the cultural sector, that is, in the sector of cultural and artistic creativity. This is to ensure the development of culture at national and local level in the long term. By this measure, legal basis aimed at encouraging inclusive cultural development as well as at structuring of dynamic cultural sectors and diversity promotion, is being improved. Generally, the aim is to innovate legal framework in accordance with European legal framework and contemporary standards. The measure was specifically aimed at creating a new legal basis in the field of publishing and cinematography. The intention of legislator is to revitalize the activities listed, full valorization of their creative and economic potentials as well as incentive to the cultural expressions of Montenegrin artists.

Scope of the measure:
National
Nature of the measure:
legislative, financial
Main feature of the measure:

After the adoption of the Law on Culture (2008) and the set of laws from the cultural heritage (2010), as thorough acts which established the model of organization of cultural sector, in the previous reporting period several laws were made which completed legal framework in the sphere of cultural and artistic creativity, by which development goals defined by The National program regarding strengthening legal infrastructure have been fully realized.

The Law on Publishing Activity (2012) - The new law has the intention to incite the development of that activity by means of determined conditions and priorities and through statutory rights and obligations of the publisher, pressman, distributor and the roles of the state to incite appropriate activities in publishing.

The Law on Amendments of the Culture Law (2012) - was adopted due to need for compliance with the new Law on NGOs and due to regulation of certain rights of independent artists.

Law on Cinematography (2015) - new law has as its aim to provide long-term development of this domain and the solution of those questions that proved to be the weakest links. Among other things, the law defines the establishment of Film center, film fund, as well as the opportunity of rebate to the foreign producer for recording in Montenegro, as a stimulating measure.

Provisions of Laws mentioned in their basic provisions point out the encouragement of creativity of certain groups: members of minority peoples and minority national community, children and the young, the disabled persons and of gender equality. In addition to the above mentioned, for the purpose of complete implementation of existing and newly adopted laws, a certain number of by-laws has been adopted.

Results expected through the implementation of the measure:

Putting this measure into effect by which legal bases in publishing and cinematographic activity are innovated, their quantitative and qualitative improvement is to be expected, as well as more intensive distribution of creative work of Montenegrin artists within and beyond the borders of Montenegro.

Within the publishing activities pursuant to the established priorities, the following thins are  expected: greater copyright protection, the respect of professional standards,  the improvement of the quality of publishing projects, the increase in translation into Montenegrin language as well as in translating in foreign languages, significant involvement of publishing companies and the authors in regional and European networks and international funds, greater artists’ mobility, publishing  of capital editions of Montenegrin literature and their translations, the improvement of book market as well as the improvement of the work of the professional associations.

Within the cinematographic activity pursuant to recognized tasks of public interest the following is expected: bigger production and co-production of cinematographic and television works, diversity of movie content as well as representation of national and coproduction works on television and in the cinemas, the continuity of film production, bigger participation of young Montenegrin personnel, involvement of production companies and authors in the international programs which is supposed to be more important (Creative Europe, the MEDIA sub-programme), involvement in associations (European Film Promotion) and in funds, bigger aritists’ mobility, useful work of new institution – Film Center of Montenegro, establishment of a film fund, increased presence of foreign producers and foreign filming in Montenegro by implementing defined incentive measures, stronger promotion and utilization tourist and cultural  resources of the country.

Financial resources allocated to implement the measure:

Means that are needed to realize these measures, concerning the obligations of Ministry of Culture (co-financing, incentive measures, the establishment of new institutions, etc.) are allocated within statutory rate of total 2,5 per cent which are allocated from the budget of Montenegro for the culture.

Main conclusions of the evaluation of the measure:

The evaluation of measure has been conducted at national level through the preparation of Program of Cultural Development of Montenegro 2016-2020. and through analysis of existing condition and achievements in the fields in which the new laws have been enacted, namely, where this measure has been implemented.

The evaluation of the measure has been conducted also at international level, through the  accession process of negotiation for joining European Union (EU) , as well as through the project of UNESCO “Culture for Development Indicators - CDIS’’, conducted in 2015 in Montenegro. It was noted that legislative reforms in the cultural sector have been brought to an end, which provided the normative regulation of the cultural sector in accordance with European legal framework and which was confirmed by the opening and provisional closure of Chapter 26 – Education and culture, in Montenegro's accession process to the European Union. CDIS analysis has indicated that ‘’there is already a significant standard-setting framework for culture in place and that the national authorities have made many efforts to ratify key international legal instruments affecting cultural development, cultural rights and cultural diversity, as well as to establish a national framework to recognize and implement these obligations”.

Indicators used to determine impact:
CDIS has been used for the influence of measure on entire legal framework. In the indicator defined ‘’Standard-setting framework for culture’’ adequate sub-indicator  for national level had the result of 0,87 out of maximum 1.
Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Cinema/ Audiovisual Arts
Publishing