CULTURAL HERITAGE SITES WITH RESTRICTIONS ON INTENDED USE: THE COUNCIL OF STATE ACKNOWLEDGES THAT THIS POWER LIES IN THE HANDS OF THE MINISTRY OF CULTURE.
Through an important decision, the Council of State’s Plenary Assembly no. 5 of 13 February 2023, admitted the possibility for the administration to impose, according to adequate justification, a “restriction on the use of the cultural heritage site” aimed at preventing situations of risk for the preservation of the material integrity of the cultural site itself or of the intangible value embodied therein even when the res is an expression of collective cultural identity. This is not only to ensure preservation from a material point of view, but to guarantee that “the sharing and transmission of the intangible cultural manifestation, which contributes to its testimony” shall endure over time.
