Legislative measures in the cultural policy of Montenegro

Key objectives of the measure:

After ratification of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in May 2008, the Law on Culture entered into force in Montenegro in August the same year. Adoption of this significant act confirms commitments at the national level which correspond to the principles contained in the Convention. On the other hand, in accordance with Article 1 item h of the Convention, it is confirmed that countries have the right to maintain, adopt and implement policy and measures considered adequate for the protection and promotion of diversity of cultural expressions in their territories. The Law on Culture defines the tasks of public interest in culture, regulation of cultural institutions, the status and rights of artists and experts in culture, the measures for encouragement and support for development of culture, financing of culture and other matters of importance for culture.

On of the aims of adoption of this act is development of culture, as an activity of public interest, based on the following principles: 1) freedom of creation and respect of the right to culture; 2) commitment of the state and local government to encourage and assist development of cultural and artistic creation and protection and preservation of cultural heritage; 3) equal preservation of all cultural identities and respect of cultural differences; 4) development and improvement of the system of culture, in accordance with international standards, and particularly with the European Union standards; 5) establishment of an efficient, rational and creative management in culture; 6) transparent acting in culture; 7) respect and protection of copyright and other similar rights; 8) democratization of cultural policy and decentralization of organization and financing of culture.
Law on Cinematography was passed in August 2008.

Activities of Montenegro with regard to the Convention also refer to implementation of its goals and obligations in adoption of new nromative frameworks in our legal system in the field of cultural heritage. Namely, in accordance with European and interantional standards, as well as positive experience of the South Eastern countries, the Parliament of Montenegro passed 4 significant laws in August 2010:

  • Law on the Protection of Cultural Goods;
  • Law on Museum Activity;
  • Law on Archive Activity and
  • Law on Library Activity.

The new laws contain the principles and obligations from the ratified conventions, relevant international directives, recomendations and resolutions, as well as the rules of international expert organizations. Among those, the laws also incorporated obligations from the Convention on on the Protection and Promotion of the Diversity of Cultural Expressions (Article 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13). The principles of protection and promotion of diversity of cultural expressions, as well as obligations of the states to implement those in an adequate manner, were assumed.
During 2011, 23 bylaws were passed with regard to the passed laws. During 2012, development of 13 bylaws in the field of cultural heritage and 11 in the field of cultural and artistic creation has been initiated, on the measues for stimulating creation and on the status of artists and branch associations.

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