4. Law and legislation
San Marino
Last update: June, 2015
The Republic of San Marino has no Constitution, rather a number of laws and acts which make up constitutional rules, dating back to ancient "Statutes" of the 1600s to more recent legislation, notably the 1974 Declaration on Citizens' Rights; the latter considered the fundamental basis of the San Marino legal system.
Article 5 of the 1974 Declaration stipulates that "human rights are inviolable", while Article 6 reads "everybody shall enjoy civil and political freedoms in the Republic. In particular, personal freedoms, freedom of residence, establishment and expatriation, freedom of assembly and association, freedom of thought, conscience and religion shall be guaranteed" and ends with the following statement "arts, science and education shall be free. The law shall secure education to all citizens, free and at no cost". Moreover, secrecy of communication is safeguarded, except for special cases expressly envisaged by law. Therefore, participation in cultural life is guaranteed to all, without any restrictions, by the State. Despite the fact that the Declaration on Citizens' Rights does not contain a specific article on culture, the mandate of the State to deal with the cultural sector as a whole can be inferred from Article 6 of the Declaration, which provides for some rights strictly connected with the right of all to participate in the cultural progress of San Marino. Article 6, which establishes the right to freedom of expression and its restrictions, implies that there are no legal prohibitions to the dissemination of artistic creations.
Article 10 of the Declaration is extremely significant in that it states the Republic's duty to protect its historical and artistic heritage and natural environment. This constitutes the legal basis for all initiatives promoted in the sector concerning the protection of the historical, artistic and archaeological heritage of the State. It is a common understanding that the term "protect" does not simply mean "preserve", but rather to make the best efforts to ensure the integrity, existence, recovery and restoration, scientific and documentary knowledge of goods to be protected. Under the Declaration, the notion of "cultural good" covers not only artistic evidence but also historical evidence, natural and human landscapes.
Finally, Article 11 of the Declaration on Citizens' Rights states that: "the Republic shall promote the development of the personality of young people and shall educate them on the free and responsible exercising of their fundamental rights", among which are all rights connected with the cultural sector.
Law n. 95 of 2000 integrates the original Article 4 with an additional clarification on the principle of equality between sexes. Law n. 36 of 2002 partially amends the 1974 Declaration in that it precisely lists the hierarchy of the sources of law, constitutionally guarantees the principles set forth in the European Convention for the Safeguard of Human Rights and Fundamental Freedoms and establishes a Board of Guarantors. Lastly, Decree n. 79 of 8 July 2002 is a consolidated version of the 1974 Declaration as amended by Laws n. 95 of 2002 and n. 36 of 2002 respectively.
Last update: June, 2015
In accordance with the San Marino Budget Law, funds allocated to the cultural sector are registered as expenditures of the "Department of Culture and Tourism". The Department submits both an annual and a three-year budget proposal. As a rule, such proposals vary slightly from year to year, with most variations in revenue and expenditure categories depending on the portfolios assigned by any new legislature. The budget of the Department includes expenditure categories generally called "funds" or "contributions" to financially support the Council of Cultural Associations, Social Centres, local libraries and other local cultural associations such as the Choir Society, the Band of Serravalle, the San Marino Centre for Music Studies, the orchestra of the Music Institute, some cooperatives, etc. In 2009, after many years of cultural and concert activity supported by the San Marino Music Institute, the Symphonic Orchestra was legally recognised as an autonomous cultural entity. Still today, the Orchestra continues to fruitfully collaborate with the Music Institute by promoting the annual concert season. This recognition is an important step forward from a cultural point of view since it further strengthens the already strong identity of a sector able to produce high-level music, thus disseminating and developing the art of music in a stable way. Other categories of expenditures are public institutions such as the State Museums, the State Library and Archive, the Naturalist Centre, the Office for Social and Cultural Activities, etc. Expenditure on culture is included in the areas dedicated to education, school administration and other recreational and cultural activities. Moreover, the cultural sector receives some contributions not included in the established budget and aimed at specific projects carried out by public or private bodies in collaboration with the government and the relevant public offices. Over the last few years, there has been an annual 5% cut to the overall State budget - culture among those sectors which were most affected.
Last update: June, 2015
Article 9 of the 1974 Declaration on Citizens' Rights, stipulates that labour is a right and duty of every citizen and lists, among others, the right to social security. The social security system adopted by San Marino is universal, in that the same treatment applies both to employees and self-employed, although with different calculation formulas and contribution rates. Though it changes the mechanism, Law n. 157 of 2005 maintains a "pay-as-you-go" wage-based system. Framework Law n. 158 of 2005 introduces the so-called "second pillar", that is a mandatory contribution-based system. However, its actual implementation is envisaged in 12 months time, once the legal provisions are defined. Similarly, unemployment benefits are not linked to the sector of activity, which means that employees in the cultural sector, hired under collective bargaining agreements, are entitled to the same benefits as any other employed worker (e.g. wage supplementation funds, mobility, etc.).
Employment in San Marino was initially regulated by Law n. 7 of 1961, Law for the Protection of Labour and Workers, subsequently modified and supplemented. The labour sector was then regulated by the 1989 Law on Employment and by the recent Law n. 131 of 2005 Promoting, Supporting and Developing Employment and Training.
Last update: June, 2015
Private investments in the cultural sector, moderately encouraged from a legal point of view, are regulated by Law n. 91 of 1984 General Income Tax, subsequently amended and replaced by Law n. 9 of 1993. Article 6 of the General Income Tax Law stipulates that donations and gifts by natural persons may be deducted from taxation in the following amounts: if the donation or gift is made in favour of the Roman Catholic Church and non-profit cultural, social, recreational and sports associations, a tax allowance up to 1 500 EUR is granted; if the beneficiary is the State or other public entity, the whole amount is deductible.
Annual revenues of cultural associations include a 3‰ mandatory contribution from tax returns. Tax payers freely choose the entity or institution that will benefit from such contribution. If unspecified, the beneficiary will be the State.
Cultural investments made by foundations are not taxed; as non-profit entities they would normally not generate taxable income (see also chapter 1.3.3).
San Marino has no VAT regime on goods and services, unlike neighbouring Italy. Indirect taxation is levied in San Marino on imported goods and services at an average rate of 17%. This tax is a single-stage tax in that it is levied only once, when imported goods or services enter San Marino.
Under Government Decision n. 35 of 1995, artists are included in the unemployment schemes as professionals when in possession of a high school diploma. On the contrary, artists not having any diploma but only natural skills and talent are registered as self-employed. As self-employed, they do not have access to average income, flat-rate or agreed taxation schemes. Taxation rates for artists employed by the State are fixed according to income brackets.
Last update: June, 2015
There are no sector specific labour laws in San Marino.
Up until a few years ago, open-ended work contracts were the rule, but the trend has recently changed towards fixed-term contracts, provisional jobs, collaboration or consultancy, etc., which are subject to contractual provisions, and have not yet been the subject of any legislative action. Wages of public employees are set out in collective bargaining agreements and define according to level of employment. Negotiations are carried out with the State in the case of public employment and with the employers' associations in case of employment in the private sector.
Special provisions regulate the activities performed by volunteers: Law n. 97 of 1989 regulates cooperation between volunteers and public entities. Law n. 142 of 1985 refers to volunteers working in cooperation projects based on bilateral or multilateral agreements with developing countries. Both laws set forth general rules of a humanitarian and social character, and have little to do with culture.
Last update: June, 2015
Violation of Article 202 of the Criminal Code (usurpation of intangible goods), provided to protect intellectual property and works of authorship, is quite frequent. This Article protects, among others, the rights of the author of an artistic work against any usurpation by those exploiting, reproducing or trading such work without consent by the author or in any case by those entitled to dispose of it (Decision no. 57 of 11 May 1990). Besides the rules provided for by the Criminal Code, some special laws have been introduced, which are subject to ongoing amendments and updating, with the clear objective to counter copyright infringements. Protection applies to works of authorship resulting in scientific, literary and artistic works, as well as in inventions, utilities and industrial models. The principal legislation on copyright protection is Law n. 8 of 1991, subsequently amended and replaced by Laws n. 63 of 1997 and n. 43 of 1998. Under the current legislation, the author of a protected work acquires the copyright in that work by the sole fact of its creation; protection concerns not only the author of the work but also its performer (Art. 93 of Law no. 8/1991). Moreover, intellectual property rights cover moral and patrimonial rights. The same Law stipulates that all protected works, irrespective of their form of expression, destination, and merit and of their intrinsic, aesthetic and artistic value, are eligible for copyright protection. Any work, original or derived, single or collective, of a literary, dramatic, musical or artistic character, is therefore protected upon creation. The same principles apply to sound recordings and audio-visual works. Models and drawings, originally regulated by the same Law, are covered by Law n. 64 of 1997 Framework Law on Trademarks and Patents, which governs their registration and related rights. The provisions of this last Law and those contained in the implementing Regulation n. 74 of 1999, have been superseded by Law n. 79 of 2005, "Single Text on Industrial Property", and subsequent amendments. This Law precisely describes inventions, their application and industrial designs protected by the criminal law. The Single Text introduces some changes with regard to patents, especially in case of inventions made by employees or employees of public research organisations (Article 7). Under Article 66 of the Single Text, holders of previously registered trademarks may submit an objection, while the definition of the relevant procedures is entrusted to the Director of the State Patents and Trade Marks Office. In April 2005, a Memorandum of Understanding signed with the Austrian Patent Office, an international searching authority, entered into force. This Memorandum establishes technical cooperation between the two Patent Offices. Patent applications submitted to the San Marino Office, may be examined, at low cost, by the Austrian counterpart, with a view to verifying, with reasonable certainty, the novelty of the invention. If the invention is worth exploiting, the Austrian Office will proceed with a technical analysis, including a detailed examination of the invention. Subsequently, in 2009, San Marino joined the European Patent Organisation by signing and ratifying the European Patent Convention. In April 2012, the Cooperation Agreement between the World Intellectual Property Organisation (WIPO) and the Patent and Trademark Office of the Republic of San Marino (USBM) was signed. This Agreement marks the intention of the two bodies to cooperate in order to provide increasingly efficient services in the field of industrial property. More specifically, it provides for the supply to USBM of modern IT infrastructures developed by WIPO and it will enable it to offer the public more efficient services in terms of registration of marks, patents and designs. All this completes an industrial property system, which supports technological and industrial innovation policies through the creation of the Scientific and Technological Park. Moreover, the Cooperation Agreement provides for mutual exchange of information on patents, marks and industrial designs and demonstrates WIPO's intention to disseminate the culture of innovation and creativity by improving and strengthening national systems of protection of industrial property, with the supply of more efficient services to enterprises.
The number of European patent applications validated in the Republic of San Marino has greatly increased over the years, with positive effects on the state budget and on the attractiveness of San Marino for foreign investors. This sector can be successful for the future of San Marino and is one of the areas of successful cooperation with Italy. The principle of mutual recognition enshrined in Article 43 of the "Convention of friendship and good neighbouring", signed between the two countries in 1939, may still be important for the industry based in San Marino using the services of the Patent and Trademark Office of the Republic of San Marino (USBM). Pursuant to that article, patent applications submitted to the USBM by people living in San Marino are valid also in Italy. The mutual recognition between San Marino and Italy in this sector only applies to national procedures: foreign trademark and patent applications must be submitted to both registers. Apple Inc. was one of the companies that submitted an application to the USBM in 2015.
Law n. 63 of 1997 Supplementary Provisions to Law n. 8 of 25 January 1991 – Copyright Protection extends protection also to performers of a work, including actors, singers, musicians, dancers, etc.
Law n. 48 of 1998 (amending and replacing Copyright Law n. 8 of 1991 and Law n. 63 of 1993) stipulates that, as part of his moral rights, an author may prohibit any act through which his work could be made known to the public, either directly or indirectly.
In 1981 San Marino concluded an agreement with the Italian Association of Authors and Publishers (SIAE). Under this agreement and in line with the 1939 Convention on Friendship and Good Neighbourhood between San Marino and the Kingdom of Italy, San Marino and SIAE regulated their relationship concerning the use of all works protected by SIAE. The 1981 Agreement supersedes that of 1967 and provides preferential rates to be charged to San Marino users, plus an additional 20% reduction for performances arranged directly by the State. Moreover, the San Marino radio and television broadcasting company annually negotiates with SIAE the terms of trade for broadcasting copyrighted music.
While the Law does not make any reference to public lending rights, it provides for the use of copyrighted material by radio and television broadcasters. In case of a sound or audio-visual recording or broadcasting, performers of a dramatic, music or, literary work, etc., have the right to receive a fair remuneration, irrespective of what they earn as performers. Their name must also be reported in any sound or audio-visual recording of their performances. Sound recordings made in San Marino must have a special mark of origin, as evidence of their authorisation by the parties concerned. In practice, especially as regards concerts and musical performances, the artist "authorises" (generally for free) a radio-TV network to broadcast the event. Benefits for the performer are merely in terms of publicity and image. Otherwise, if San Marino RTV purchases audio-visual material, each product is certified with indication of the seller's rights and transfer of such rights to the radio-television network for broadcasting.
In 2010, a conference on intellectual and industrial property addressed the San Marino relevant legislation in comparison with other countries. During this conference, the intellectual property sector was unanimously recognised as strategically important to support the development of the country as a whole. Participants also encouraged the introduction in the San Marino legal framework of a corporate vehicle facilitating the efficient management of marks and patents, which, together with the expected double tax agreements with Italy, would make intellectual property and its royalties a real strong point of the San Marino system.
Last update: June, 2015
There are two laws covering data protection: Law n. 71 of 1995, regulating the collection of statistical data and attributions in public information technology matters, and Law n. 70 of 1995 reforming Law n. 27 of 1 March 1983 and regulating the computerised collection of personal data, with its related Delegated Decree no. 75 of 2014 on data processed in the video surveillance system. Law n. 70 of 1995 applies to any IT applications by the State, public bodies or natural or legal persons, entailing the setting up or the use of magnetic or automated files containing names or other data which can easily identify legal persons. The Law protects both individuals and legal entities that have the right to know, challenge, rectify their data, electronically collected and processed. The setting up and use of databases are subject to the prior authorisation of the competent bodies under San Marino legislation. Social or cultural associations intending to collect, process or use personal data for their purposes are required to inform the Guarantor (an administrative judge).
The Guarantor will measure the impact of scientific progress on human rights and dignity and, if necessary, set forth rules and fix limitations in order to protect computerised data from unauthorised use. Many of the functions attributed to the Guarantor are not easy to fulfil due to the lack of instruments provided for by law which are not yet implemented. Besides giving a mandatory opinion in respect of authorisation requests from private databases, the Guarantor shall also ascertain that both public and private databases comply with legal provisions; grant access to databases; examine complaints and, in case of infringement, report to the judicial authorities; give opinions with regard to decrees and regulations implementing the legislation in force; authorise the dissemination of data to third parties.
See chapter 2.5.1.
Information is currently not available.
Last update: June, 2015
There is neither framework legislation concerning culture or cultural policy in San Marino nor a law referring to the "status of artists", whether employees, self-employed or free-lance.
Table 1: Main international legal instruments related to culture adopted and their enforcement in national legislation
Depositary Title, place and year of the international act | Year of signature, adoption and ratification |
---|---|
WIPO Convention for the protection of industrial property and subsequent revisions, Paris 20 March 1883 |
Ratification, 1959 Decree n. 78/1991 |
WIPO Agreement for the repression of false or deceptive indications of source on goods and subsequent revisions, Madrid 14 April 1891 |
Ratification, 1960 Decree n. 78/1991 |
WIPO Agreement concerning the international registration of marks and subsequent revisions, Madrid 14 April 1891 |
Ratification, 1960 Decree n. 35/1968 |
UNESCO Constitution of the United Nations Educational, Scientific and Cultural Organisation, London 16 November 1945 |
Signature, 1952 Decree n. 28/1967 |
WIPO Convention establishing the World Industrial Property Organisation, Stockholm 4 July 1967, amended in 1979 |
Accession, 1991 Decree n. 78/1991 |
WIPO Stockholm Act revising the Madrid Agreement concerning the international registration of marks of 14 April 1891 and subsequent revisions, Stockholm 14 July 1967, amended in 1979 |
Acceptance, 1991 Decree n. 78/1991 |
WIPO Additional Act of Stockholm to the Madrid Agreement of 14 April 1891 for the repression of false or deceptive indications of source on goods and revised in Lisbon on 31 October 1958, Stockholm 14 July 1967 |
Acceptance, 1991 Decree n. 78/1991 |
UNESCO Agreement on the importation of educational, scientific and cultural materials and Protocol thereto, Florence 17 June 1950 |
Accession, 1974 Decree n. 92/1974 |
UNESCO Universal Copyright Convention and Protocols thereto, Geneva 6 September 1952 |
Accession, 1984 Decree n.105/1984 |
Council of Europe European Convention on the equivalence of diplomas leading to admission to universities, Paris 11 December 1953 |
Ratification, 1996 Decree n. 65/1991 |
UNESCO Convention for the protection of cultural property in the event of armed conflict, regulations for the execution and Protocol thereto, The Hague 14 May 1954 |
Ratification, 1956 Decree n. 46/1955 |
Council of Europe European Cultural Convention, Paris 19 December 1954 |
Accession, 1986 Decree n. 8/1986 |
UNO International Covenant on Economic, Social and Cultural Rights, New York 19 December 1966 |
Accession, 1985 Decree n. 109/1985 |
WIPO Patent Cooperation Treaty, Washington 19 June 1970 |
Accession, 2004 Decree n. 94/2004 |
UNESCO Convention concerning the protection of the world cultural and natural heritage, Paris 16 November 1972 |
Ratification, 1991 Decree n. 67/1991 |
Convention on the Grant of European Patents (EPC – European Patent Convention), updated in Munich on 29 November 2000 and entered into force on 13 December 2007, and relevant texts and Additional Protocols, Munich 5 October 1973 |
Accession, 2009 Decree n. 48/2009 |
UNESCO Protocol to the Agreement of 22 November 1950 on the importation of educational, scientific and cultural materials, Nairobi 26 November 1976 |
Accession, 1985 Decree n. 105/1984 |
UNESCO Convention on the recognition of studies, diplomas and degrees concerning higher education in the States belonging to the Europe Region, Paris 21 December 1979 |
Ratification, 1983 Decree October 1999 |
Council of Europe European Convention on the protection of the archaeological heritage (revised), Valletta 16 January 1992 | Signature, 1992 |
WIPO European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite, Strasbourg 11 May 1994 | Signature, 1994 |
WIPO Geneva Act of The Hague Agreement concerning the international registration of industrial designs, Geneva 2 July 1999 |
Accession, 2011 Decree no. 70/2011 |
WIPO Patent Law Treaty, Geneva 1 June 2000 | Signature, 2000 |
Council of Europe Framework Convention on the value of cultural heritage for society, Faro 27 October 2005 | Accession, 2006 |
UNESCO Convention on the protection and promotion of the diversity of cultural expressions, Paris 20 October 2005 | Congress of State Decision authorising accession, n. 4 of 16 May 2006 |
Last update: June, 2015
The following legislation has been categorised according to (a) its scope of application; (b) the role and functions of bodies operating within that scope:
(a) Law of 16 September 1946 - Regulation of the State Archive;
Law n. 17 of 10 June 1919 - Law Safeguarding and Preserving Monuments, Museums, Excavations, Antique and Art Objects.
Law n. 87 of 19 July 1995 - Single text of Town Planning and Building Laws.
Law n. 30 of 18 February 1998 - General rules on the State Accounting System.
Law n. 126 of 16 November 1995 - Framework Law for the Protection of the Environment and the Safeguard of Landscape, Vegetation and Flora.
Law n. 147 of 28 October 2005 - List of Artefacts and Buildings having Monumental Importance.
Law n. 133 of 22 September 2009 - Framework Law on the Protection, Management, Enhancement and Promotion of the Property "Historic Centre of San Marino and Mount Titano", included in the World Heritage List of UNESCO.
Law n. 5 of 25 January 2011 - Law on Structural Planning.
(b) Law no. 50 of 11 May 2012 - Protection and Preservation of Documentary and Archival Heritage of the Republic.
Decree n. 46 of 29 December 1955 - Enforceability of the Convention for the Protection of Cultural Property in the Event of Armed Conflict and of the Relevant Regulations and Protocol signed in the Hague on 14 June 1954.
Law n. 98 of 11 December 1980 - Reestablishment of the Commission referred to in Title II of Law n. 17 of 10 June 1919.
Law n. 58 of 8 July 1981 - Protection of Rural Buildings of particular Historical, Environmental and Cultural Interest.
Decree n. 105 of 4 December 1984 - Accession to the 1950 UNESCO Florence Agreement on the Importation of Educational, Scientific and Cultural Materials and the relevant Nairobi Protocol of 1976.
Law n. 109 of 19 September 1990 - Amendment of Law n. 8 of 13 February 1980 establishing the San Marino National Commission for UNESCO.
Decree n. 67 of 28 May 1991 - Ratification of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage.
Decree n. 47 of 30 June 1992 - Ratification of the Agreement between the Republic of San Marino and the Holy See.
Law n. 9 of 17 January 1997 - Law on the Establishment of the San Marino Naturalist Centre.
Last update: June, 2015
There is only one relevant law applicable to the performing arts and music: Law n. 82 of 20 September 1994, establishing the San Marino Music Institute.
Last update: June, 2015
There is only one relevant law applicable to the visual and applied arts: Law n. 6 of 13 January 1983 Provisions regulating Arts in Public Buildings.
Last update: June, 2015
The following legislation has been categorised according to (a) its scope of application; (b) the role and functions of bodies operating within that scope:
(a) Regulation of 23 March 1909 - Regulation on the State Library and Museum.
Decree n. 1 of 7 February 1914 - Amendment to the Regulation on the State Library and Museum.
Decree n. 7 of 2 March 1920 - Amendments to Articles 3 and 5 of the Regulation on the State Library and Museum.
In June 2008, the Agreement on Cooperation in Bibliographic Services was signed between the Republic of San Marino and Italy, which enables San Marino libraries to be part of the Italian national library system.
Last update: June, 2015
Film, video and photography
(a) Law n. 71 of 27 June 2013 - Law on measures supporting economic development.
Delegated Decree no. of 25 April 2014 in accordance with Article 37 "Development and implementation of the audio-visual sector" of Law no. 71/2013 on tax incentives and the taxation system of private funding for film production.
Mass media
Telecommunication services are regulated by Law n. 57 of 1988, assigning the State the exclusive right to install and manage, on its entire territory, public telecommunications equipment and services under a monopolistic regime. Concessions can be granted to private enterprises or companies, following a Decision of the Congress of State, through temporary and provisional licences. See also chapter 2.7 and chapter 2.5.3.
The following legislation has been categorised according to (a) its scope of application; (b) the role and functions of bodies operating within that scope; (c) their financial requirements.
(a) Law n. 57 of 28 March 1988 - Discipline of Telecommunication Services.
Decree n. 49 of 27 April 1990 - Ratification of the exchange of letters between Italy and the Republic of San Marino on the reacquisition by the Republic of San Marino of the Right to Install a Radio and Television Station, signed in Rome on 23 October 1987.
Decree n. 50 of 27 April 1990 - Ratification of the cooperation agreement in Radio and Television matters between the Republic of San Marino and the Italian Republic, signed in Rome on 23 October 1987.
Decree n. 28 of 23 June 1967 - Ratification and Implementation of the Universal Copyright Convention and related Protocols.
Law n. 8 of 25 January 1991 - Copyright Protection (amendments 1997, 1998).
Law n. 79 of 25 May 2005 - Single Text on Industrial Property (amended July 2005).
Law n. 115 of 20 July 2005 - Law on Electronic Documents and Digital Signatures.
Decree n. 156 of 8 November 2005 – Technical Rules on the Drafting, Transmission, Preservation, Duplication, Reproduction and Validation, even Temporal, of Electronic Documents.
(b) Decree of 20 May 1912 - Accession to the International Radiotelegraphic Convention.
Decree n. 11 of 5 April 1977 - Accession to and Ratification of the International Telecommunication Convention.
Law n. 41 of 27 April 1989 - Establishment of San Marino Radio Broadcasting Company (the last paragraph of Articles 13 and 14 and paragraph 2 and 3 of Article 15 were repealed by Law no. 211/2014).
Decree n. 123 of 18 December 1989 - Ratification of the European Convention on Transfrontier Television.
Law of 28 May 1881 - Law on Press Crimes (paragraphs 2 and 3 of Article 3 were repealed by Law no. 211/2014.
Regency Decree n. 13 of 13 May 1921 - Press Censorship.
Law n. 99 of 25 July 1991 - Establishment of the Council of Cultural Associations.
Law n. 38 of 28 April 1982 - Provisions on Services for Political, Cultural and Recreational Activities (Articles 8 and 9 were repealed).
Last update: June, 2015
Law n. 6 of 1983 is the only provision regulating arts in public buildings. Whenever San Marino public bodies decide to construct new public buildings or restore old buildings, 2% of the total projected expenditure must be allocated to works of art. In case the inclusion of paintings and sculptures is not possible, the 2% allocation will be destined to movable works of art to supplement internal furnishings.
In practice, however, this Law has not always been fully complied with in the construction of new buildings, which, over the last twenty years, has considerably increased. The newly established International Centre for Contemporary Art NUA, promoted by local artists and cultural operators, is striving for the application of this law and for the definition of artists' professional status. In the last years, also ASART, the San Marino Association of Artists, turned to government bodies to make them aware of this need. So far, however, the numerous promises have not translated into reality.
In September 2013 two popular petitions (Istanze d'Arengo), both submitted in April of the same year, were approved by the Great and General Council (Parliament of San Marino). With reference to the first petition, in favour of the implementation of Law no. 6/1983 on art in public buildings, the majority of Parliament noted that "despite the spending review under way, art and culture cannot be renounced"; the objective is to "implement and enforce a law that has positive intents and which already exists", so as to respond to the "heartfelt call of citizens for the promotion of arts in the country. Parliamentary debate was followed by the report made by the Minister of Culture in the Commission, who stressed the need that "part of the sums allocated to public works be destined to this purpose and ensure that future artistic work may immediately benefit from this type of support".
The other petition involved the recognition of street art in its various forms, understood as a cultural phenomenon that contributes to the promotion of the territory. The Parliament welcomed the petition, noting unanimously the importance of recognising these forms of art, which today run the risk of being assimilated to other forms of begging, due to the lack of appropriate legislation. For this form of artistic expression to become a resource for the country, it is necessary to regulate "activities which are of strategic advantage, because they increase the cultural offer of the city, without any special charges for the public administration." The proposal has already received the approval of the Township Councils (local government, see chapter 1.2.4). Indeed, the approval of the petition has an impact on the management of public spaces in the various Castles.
In drafting a law on this issue, the Ministry of Culture intends, above all, to repeal the specific provision in the criminal code according to which street artists (when "asking for the hat", i.e. asking for money in exchange for their artistic performance) are similar to beggars, and thus punishable by law. In addition, there is the intention to designate a specific outdoor space for such activities, to be assigned through a booking system, together with the necessary facilities.
The following legislation has been categorised according to (a) its scope of application; (b) the role and functions of bodies operating within that scope:
(a) Law n. 87 of 19 July 1995 - Single text of Town Planning and Building Laws.
Law n. 30 of 18 February 1998 - General rules on the State Accounting System.
Law n. 133 of 22 September 2009 – Framework Law on the protection, management, enhancement and promotion of the property "Historic Centre of San Marino and Mount Titano", included in the World Heritage List of UNESCO.
(b) Law n. 35 of 27 October 1972 - Provisions for the Conservative and Restoration of Historical Centres.
Law n. 98 of 11 December 1980 - Reestablishment of the Commission referred to in Title II of Law n. 17 of 10 June 1919.
Law n. 58 of 8 July 1981 - Protection of Rural Buildings of particular Historical, Environmental and Cultural Interest.