4. Law and legislation
Last update: December, 2014
The General preamble of the Slovene Constitution refers to culture in 2 Articles:
- Article 11 stipulates that "the official language in Slovenia is Slovene, whereas in the areas populated by the Hungarian and Italian national community, it is Hungarian and Italian"; and
- Article 5 stipulates that the state "…safeguards and assures the rights of the autochthonous Italian and Hungarian communities…..is concerned with Slovene national minorities in neighbouring states…is concerned with Slovene emigrants and fosters their contacts with their homeland… is concerned with the preservation of natural assets and cultural heritage and creates possibilities for the harmonious societal and cultural development of Slovenia".
The Chapter on human rights and fundamental freedoms reaches into the field of culture in the following Articles:
- Article 59 guarantees the freedom of artistic expression;
- Article 64 states that both constitutionally recognised autochthonous minorities, Hungarian and Italian, are guaranteed special rights;
- Article 65 stipulates that status and special rights should be given to the Roma community according to the Constitution and regulated by law. While there are no special laws in place, there are some laws which contain special rights for the Roma people (e.g. the right to be represented in the municipal councils in the areas where they reside); and
- Article 39 guarantees freedom of expression and free access to information of a public character.
In the Chapter of the Constitution dealing with economic and social relations, Article 73 is intended to safeguard natural and cultural heritage. While the state and local communities are obliged to look after the preservation of natural and cultural heritage, the duty of protecting the most important part of the heritage - natural sights, rarities and cultural monuments - is a duty which everyone must observe by law.
Last update: December, 2014
The procedures related to allocation of public funds in culture are included in the Public Finance Act (Official Gazette No. 79/99, 124/00, 79/01, 30/02, 56/02 - ZJU, 127/06 - ZJZP, 14/07 - ZSPDPO, 109/08, 49/09, 38/10 - ZUKN, 107/10, 11/11 - UPB1, 14/13 - corr., and 101/13), which is important for the way public institutions are financed and the General Administrative Procedure Act (Official Gazette No. 80/99, 70/00, 52/02, 73/04, 22/05 - UPB1, 119/05, 24/06 - UPB2, 105/06 - ZUS-1, 126/07, 65/08, 8/10, and 82/13), which applies to the functioning of administration. Public culture funds are also regulated by the Act Regulating the Realisation of the Public Interest in the Field of Culture (2002). The procedures of this act are regulated by the Executive Rules on carrying out public calls and tenders, the Rules on financing Public Institutes, Public Funds and Agencies in the Field of Culture and the Rules on expert commissions.
The Act Regulating the Realisation of Public Interest in the Field of Culture (2002) provides 3 different procedures for financing.
- Direct Call to Public Institutions. The Ministry or municipality, i.e. the funder, calls upon a public institution to prepare a yearly work programme, which is the basis for the beginning of a dialogue between the funder and the cultural producer on programme objectives, their extent and the need for financial resources.
- Public Tender. This is intended to provide programme financing for NGOs and support to projects by all kinds of cultural producers (above all individuals, NGOs and public institutions of which the initiator is another party). Public tenders are officially published and the producers compete for financial support.
- Public Call. With respect to their content and eligible producers, public calls are more or less the same as public tenders. The important difference lies in the fact that producers do not compete among themselves, but are granted financial support as long as they meet the required criteria and depending upon the level of resources available for the call. In practice, public tenders more widely used.
In all three kinds of procedures, commissions composed of external experts participate in decision-making. They prepare a proposal which is submitted to the Minister who in turn makes a final decision based on (or contrary to) their proposals. It is seldom that the Minister overrides their proposals, especially since the decision-making process and the work of the expert commissions are public. The Minister is therefore under the pressure of public opinion. There are exceptions, however; for example, in 2004 when the Minister disagreed with the expert commission for the visual arts and, in the end, decided against their proposals. In the end, the head of the expert commission resigned.
Last update: December, 2014
There are specific measures for self-employed persons in the cultural sector including recognition of their freelance status for tax purposes and social security. The bases for granting these privileges are exceptional achievements and the government's decision to encourage growth in the number of professional artists. This special status is awarded for three years and may be extended. In 2012, 1 494 self-employed artists out of 2 278 registered had been given this special socio-economic status which cost 5.77 million EUR in 2012 or almost 3.35% of the ministry's budget. There were significant changes in this area in 2012 with the adoption of changes in the Decree on self-employed professionals in culture which, on one hand, made a clearer and more transparent set of criteria for obtaining the status for tax purposes and social security, yet the criteria have been heavily criticised for their exclusivity, over pronouncement on the criteria of excellence (it is debatable, whether such status is intended as a reward for excellence or as a social corrective) which amount to 80% of the final grade and the inclusion of some problematic criteria (such as awards, which in several fields don't exist at all). NGO sector analyses projected that the renewed set of criteria might lead to a severe drop in the number of those who are given self-employed status, although fortunately this was not realised.
Also, in 2012, a new Pension and Disability Insurance Act (Official Gazette No. 114/06 - ZUTPG, 10/08 - ZVarDod, 98/09 - ZIUZGK, 38/10 - ZUKN, 61/10 - ZSVarPre, 79/10 - ZPKDPIZ, 94/10 - ZIU, 94/11 - odl. US, 105/11 - odl. US, 110/11 - ZDIU12, 40/12 – ZUJF and 96/12 - ZPIZ-2) was adopted which cancelled the previous classification of income groups for payments of social security. It was calculated in a study by Asociacija, the Association of Slovenian Journalists and the Open Chamber for Contemporary Art, that the new system will lead to pronounced income inequality among those self-employed in culture, as those with top incomes will get an additional bonus, while those in the lower half of the distribution will suffer losses up to 1 000 EUR individually in 2018 as compared to the situation in 2012. The new law will be implemented gradually with additional changes each year until 2018 and will impact also on other groups in the cultural sector (particularly the private entrepreneurs).
A retired cultural worker who has made an especially important contribution to Slovene culture but whose pension does not correspond to the contribution he has made may be granted a Republic Allowance by the Minister after consultation with the expert commission from the area of work of the candidate. In determining the level of the Republic Allowance social circumstances are taken into account. A Republic Allowance may also be granted as an addition to a family pension. Public funds for the Republic Allowance under this Act shall be provided by the ministry responsible for culture from that part of the state budget intended for culture. In 2012, 518 708 EUR were spent for such allowances. Another intervention in the pension system is Exceptional Pensions for artists which had been granted in the past according to artistic merits. The measure, which originated in the previous period, is from time to time publicly criticised as a relic from previous system.
Last update: December, 2014
The Income Tax Act (Official Gazette No. 9/12 - odl. US, 24/12, 30/12, 40/12 - ZUJF, 75/12, 94/12, 52/13 - odl. US, 96/13, 29/14 - odl. US in 50/14) encompassesan incentive to designate 0.5% of tax to purposes of public interest (culture included). The new law, which came in force in 2013 didn't change anything in this regard. The Corporate Income Tax Act (117/06, 56/08, 76/08, 5/09, 96/09, 110/09 - ZDavP-2B, 43/10, 59/11, 24/12, 30/12, 94/12, 81/13, and 50/14) introduced a 0.3% deduction for donations to various good causes and also a special deduction for culture of 0.2% of taxable income, with the possibility of averaging over a three year period.
The new Income Tax Act that came into force in 2013 significantly changed the situation for those self-employed in culture. Until then the individual self-employed artist calculated his / her income tax with inclusion of 25% of "normed costs" (average of his costs; accounts do not need to be officially audited) and several allowances: general; special; for maintained children; for maintained children, needing special care and protection; for any other maintained family member; for 100% invalidity; and an age allowance. In 2013 and after, the law allows 70% of "normed costs", while cancelling all the allowances. It was calculated in a study by Asociacija (the Association of Slovenian Journalists and Open Chamber for Contemporary Art) that this system will lead to significant additional costs for those self-employed in culture, reducing their average yearly income by approximately 600 EUR. Despite several attempts by those self-employed to change the propositions of the law, the law remained unchanged, until the Minister for Culture, Uroš Grilc, in his 2013 Changes to the Act Regulating the Realisation of the Public Interest in the Field of Culture, adopted two measures to reduce the effects of these measures: the possibility of free accountancy for those self-employed in culture; and so-called ”pocket money” – special small grants to (a small group of) those self-employed to improve their material conditions. The real effects of those small-scale measures remain to be seen and it remains unclear whether they contributed anything at all to the situation of those self-employed in culture.
VAT was introduced on 1 June 1999. The reduced rate (currently at 9.5% since 2014) is used to tax books, while CDs and videocassettes attract the normal VAT rate of 22% due to harmonisation with EU Directives. The reduced rate also applies to cinema tickets and entertainment events. Cultural services of non-profit cultural organisations are exempt from paying VAT. The same right can be extended to artists if their turnover does not exceed ca. 25 000 EUR per year and if they decide that they prefer to be exempt; a seemingly difficult decision.Gifts to museums, libraries and archives are exempt from excise duty.
Last update: December, 2014
Employment relationships in the field of culture are regulated by general legislation; some special provisions regarding public servants are also included in the Act Regulating the Realisation of the Public Interest in the Field of Culture (2002). In Slovenia, the Civil Servants Act mainly regulates the status of state employees and only its initial principles and articles apply to public servants. The Law allows for separate questions to be regulated by special laws which regulate separate areas of public sector.
Otherwise the employment relationships with public servants are regulated by the same law that applies to the overall economy, i.e. the Employment Relationship Act (Official Gazette No. 42/02, 79/06 - ZZZPB-F, 103/07, 45/08). This kind of system is possible only because all public institutions in Slovenia are independent legal persons, entered in the register of companies together with enterprises and they conduct activities in the same way regardless of their public financing (sometimes entirely). The main consequences for the field of culture are:
- that the employer is a public institution and not the state; and
- that no transfer is possible within the system of public servants.
Otherwise there are no essential differences since the salaries and the manner of promotion are uniformly regulated by the Salary System in the Public Sector Act (Official Gazette No. 56/02, 72/03, 115/03 - UPB1, 126/03, 20/04 - UPB2, 70/04, 24/05 - UPB3, 53/05, 70/05 - UPB4, 14/06, 32/06 - UPB5, 68/06, 110/06 - UPB6, 1/07 - odl. US, 57/07, 95/07 - UPB7, , 17/08, 58/08, 69/08 - ZTFI-A, 69/08 - ZZavar-E, 80/08, 48/09, 91/09, 108/09 - UPB8, 13/10, 59/10, 85/10, 107/10, 35/11 - ORZSPJS49a, 27/12 - odl. US, 40/12 - ZUJF, 46/13, 25/14 – ZFU and 50/14). This uniformity has also a positive aspect. Due to equalising measures between the salaries of different public sectors, those of the public culture workers have been raised since 2007.
The Employment Relationship Act is based on non-fixed-duration employment and allows for fixed-duration employment only as an exception. Therefore, the Act Regulating the Realisation of the Public Interest in the Field of Culture (2002, last amended 2013) enacted special provisions that would allow for more flexible working relationships in the cultural field. Fixed-duration employment also makes it possible to receive a higher wage within an otherwise uniform system of salaries. The law also introduces reasons for hiring people on fixed-term contracts: because otherwise workers would be made redundant or when the work exceeds the needs identified in the work plan of the public institution. These provisions are extremely important because the Slovenian cultural field is over institutionalised and all employees are public servants. As one would expect, there is a strong resistance to the law. At the moment, only new staff / younger generation are engaged on temporary contracts. However, resistance is also felt on the governmental side. The provision related to the higher payment of temporary employed staff has not yet been implemented.
The Ministry of Culture has, on behalf of employers with representative trade unions in culture, concluded a Collective Agreement for Cultural Activities in Slovenia. (adopted in 1994 with the last amendments in 2013. This agreement regulates separate legal questions and includes provisions intended to regulate the issues on which both sides have reached an agreement.
From the point of view of the cultural field, Slovenia has neither special legal provisions nor experience concerning the inclusion of volunteers in working relationships.
Last update: December, 2014
The Slovenian Copyright and Related Rights Act (CRRA) (1995) follows the tradition of droit d'auteur. Copyright is an indivisible right to a work and is a uniform right, which consists of exclusive personal powers (moral rights), exclusive economic powers (economic rights), and other powers of the author (related rights). Although the CRRA was amended several times since its adoption in 1995, there were no changes or debates on moral rights as the concept of moral rights is a well-established concept in Slovenian doctrine.
There are several provisions which provide limitations of copyright in order to enable users' free access to copyright material. However, the limitations are only permissible in cases mentioned in the CRRA, provided that the extent of exploitation of a copyright work is limited by its intended purpose, is compatible with fair practice, does not conflict with the normal use of the work, and does not unreasonably prejudice the legitimate interests of the author. The limitations are systematically divided in two schemes: legal licences and free use. Legal licences permit the use of copyright material without the assignment of a respective economic right, but on payment of equitable remuneration. CRRA allows such use in the case of reproduction by readers and textbooks intended for teaching and for the reproduction of periodical publications of articles on current topics of general interest, provided that the source and authorship of the work is indicated. It is also lawful to reproduce or distribute works without assignment of economic rights, but on payment of equitable remuneration for the benefit of people with a disability. On the other hand, free use is allowed for the following purposes: to provide access to information of a public nature, for public performance of a disclosed work when used in teaching, temporary reproduction, private and other internal reproduction (in this case the author has a right to equitable remuneration which is collected as a blank media and equipment levy), quotations, accessory works of secondary importance, free transformations of disclosed works, reproduction of databases by the lawful user, public exhibition or sale of artistic works, works permanently located in generally accessible premises, use in official proceedings and testing of equipment.
Another provision which limits authors' right and enables unrestricted public lending of copyright works in public libraries is the provision of public lending rights. Public lending rights are reduced to the right to equitable remuneration, when the original or a copy of a work is made available for use, for a limited period of time, without economic advantage, and if done through organisations performing activities like the public service.
Secondary rights are not defined separately nor there are any provisions relating particularly to secondary usage of works. However, certain types of copyright works (i.e. musical and literary works) fall under mandatory collective management. Therefore, broadcasters must refer to a competent collecting society for permission to use material from their repertoire (an individual author cannot refuse to permit use of his work, if the work is a part of a collecting society's repertoire). Collecting societies are obliged to conclude a contract for the non-exclusive assignment of rights for the use of authors' works in accordance with the valid tariff. Broadcasting organisations shall monthly submit to the competent collecting society a list of all broadcast copyright works.
The amendment to the CRRA made in 2004 was rather exhaustive. Certain changes had to be made in order to bring CRRA into line with EU Directive 2001/29EC on Copyright in the Information Society; others relate to the particularities of Slovenia (like collective management of copyright and related rights). New provisions on technological measures were introduced in addition to the already existing provision on protection of rights-management information. Respectively, the penal provisions of CRRA were amended so that there is a fine prescribed for circumventing effective technological measures and for refusing to cooperate with those enforcing copyright and related rights. Certain new limitations to authors' rights were introduced (i.e. reproduction and distribution of works for the benefit of people with a disability and acts of temporary reproduction, limitation to the right of transformation in cases of works of architecture, limitations to the right relating to databases), while others were modified (i.e. private and other internal reproduction, free use of artistic works for promotion of a public exhibition or sale of artistic works, free use of works for performance of tasks relating to public security or any official proceedings). In the chapter on related rights, the definition of a performer was changed as well as the definition of exclusive economic rights of performers. Amendments were also made to the provisions on collective management of copyright and related rights. The cases in which collective management is mandatory were reduced to: communication to the public of non-theatrical musical works and literary works (small rights), management of the droit de suite, reproduction of works for private or other internal use and its photocopying beyond the scope of free use, cable retransmission. Furthermore, the provisions relating to authorisation of collecting societies, their obligations and supervision were amended. The landmark change in the collective management system was the introduction of mediation as a measure for resolution of disputes concerning conclusion of an inclusive agreement and disputes concerning conclusion of an agreement for cable retransmission of broadcasts. Some other minor adjustments were also made like exhaustion of the right of distribution which now relates to the European Union instead of to the Republic of Slovenia and expansion of the subject matter under the public lending right which now relates to all works, not just written materials as before.
The latest amendment to the CRRA was made in 2006 with the goal of improving the deficiencies inherent in the collective management system (introduced in 2004). The amendments state that if a common agreement cannot be reached within four months of a dispute, each side has the right to propose arbitration. The system of setting tariffs has been a problem for many years. There are many contentions between collective organisations and users of authors' rights; it is easier to adopt ideal legislation than to make it work.
Last update: December, 2014
In Slovenia, protection of data in relation to cultural organisations has not yet been recognised as an issue for development.
Last update: December, 2014
In 2004, the Act on Public Use of the Slovenian Language was passed; having been in preparation from 1996. The Law supports the further development and enforcement of the Slovenian language in traditional and numerous new areas opened up by the information society. Furthermore, it is supposed to enforce the Slovenian language in times of globalisation. To this end, it summarises the content of certain provisions from older legal provisions dealing with public use of the Slovenian language (the Consumer Protection Act, the Mass Media Act, Companies Act etc.) and tries to abolish gaps concerning responsibility, inspection and sanctions. The Law does not contain provisions on obligatory grammar, word and orthography characteristics of the Slovenian language; it rather provides for its status as an official language and the language of public communication without, at the same time, prohibiting the use of foreign languages. To this end, it determines the basic rules of language to be used by the state administration and other agencies of public authority, for education, media, commerce (marketing), industry, public performances etc. Monitoring legal provisions, creating a language policy and its implementation, are tasks of the government in general and the Ministry of Culture in particular.
Last update: December, 2014
As already mentioned in chapter 1.1, in Slovenia more often than not, a sectorial cultural policy is implemented through a whole array of distinct sectorial pieces of legislation and regulation. Not only the legislation on taxation, social benefits, and labour regulation is relevant but also the legal regime on human rights, public finances, administration, local self-government, business, commerce, banking etc. – which at first glance have nothing in common with culture but have a fundamental influence on cultural life. A more comprehensive list is not available at this point.
Last update: December, 2014
As the political system was transformed at the beginning of the 1990s, legislation on culture also had to be changed in its entirety. The new Constitution of Slovenia in 1991 established traditional rights with regard to culture including freedom of artistic creation, cultural development and heritage protection as well as providing copyright, cultural and linguistic rights for Italian and Hungarian minorities, rights for the Roma community and assistance for Slovenes living in either neighbouring countries or around the world.
In December 1996, the public's interest in culture was regulated for the first time. In November 2002, the Act was revised in its entirety in order to create proper means for its implementation and to reconsider the model. Thus, the Act Regulating the Realisation of the Public Interest in the Field of Culture (2002) is now an umbrella law and currently consists of:
- setting rules for cultural policy decision-making (openness, participation, responsibility, efficiency, coherence);
- enacting five main cultural policy objectives (see chapter 1.1);
- defining the main actors (in addition to the public authorities, the National Council for Culture and the Cultural Chamber of Slovenia);
- establishing some special mechanisms for cultural policy formulation (National Programme for Culture and regular annual report to the Parliament on its implementation, public tenders and calls for proposals for public funding, which set the aims, criteria and conditions for the allocation of public funds, mandatory agreements between the state and municipalities which define common cultural policy objectives);
- launching the system of public cultural services (special chapter concerning the establishment, administration, operation and financing of public cultural institutions);
- financing cultural activities (institutional funding for public institutions and projects and programme funding for NGOs); and
- defining the rights of artists regarding social security and pensions.
There are also other general acts affecting culture, i.e. the Public Finance Act, the Local Government Act, the Civil Servants Act, the Salary System in the Public Sector Act, the General Administrative Procedure Act (see also chapter 4.1.1).
|TITLE OF THE ACT||COMMENTS|
|General cultural legislation|
|Act Regulating the Realisation of the Public Interest in the Field of Culture - Original 1996, revised in 2002 (Official gazette No. 96/02, 123/06 - ZFO-1, 7/07 - odl. US, 53/07, 65/07 - odl. US, 77/07 - UPB1, 56/08, 4/10, 20/11, 111/13)||General cultural Act defining public interest for culture, the responsible bodies and scope of their tasks, the documents of its articulation and the mechanisms for its implementation.|
|Prešeren Award Act (Official gazette No. 29/1991)||Regulates The Prešeren Award (Prešernova nagrada), as the national awards in the field of arts conferred annually (two major awards for lifework and six awards for artistic achievements in the last two years) by a Board representing various artistic disciplines whose members are nominated by the government and elected in Parliament.|
|Sector specific legislation- Media|
|Slovenian Film Centre, public agency of the Republic of Slovenia Act (Official gazette No.77/10, 40/12 – ZUJF and 19/14 - odl. US)||Defines support to national audio-visual production: the purpose, functions, organisation, governing and funding of the Slovenian Film Centre and its relation to the government.|
|Media Act (Official gazette No.35/01, 62/03 - ORZMed84, 113/03 - odl. US, 16/04 - odl. US, 123/04 - odl. US, 96/05 - ZRTVS-1, 60/06, 69/06 - ZOIPub, 110/06 - UPB1, 36/08 - ZPOmK-1, 77/10 - ZSFCJA, 90/10 - odl. US, 87/11 - ZAvMS and 47/12 )||Defines the rights, obligations and responsibilities of the legal and physical entities operating in the field of media and regulates public interest in the media in the Republic of Slovenia.|
|Audio-visual Media Services Act (Official gazette No. 87/2011)||Defines rights, obligations and responsibilities of legal entities and individuals who operate in the field of audio-visual media services to harmonise domestic legislation with Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services.|
|Radiotelevizija Slovenia Act (Official gazette No.96/05, 109/05 - ZDavP-1B, 105/06 - odl. US, 26/09 - ZIPRS0809-B, and 9/14)||Defines the role of public service radio and television establishment and its governance structure including the mode of its parliamentary control.|
|Slovenian Press Agency Law, (Official gazette No. 50/2011)||Legal basis for the operation of Slovenian Press Agency as a public service to provide permanent, comprehensive, accurate and objective information on the events in the Republic of Slovenia and around the world.|
|Sector specific legislation- Cultural heritage|
|Cultural Heritage Protection Act (Official gazette No.16/08, 123/08, 8/11 - ORZVKD39, 90/12 and 111/13)||Defines the system for holistic protection of cultural heritage, specifies the division of responsibilities between different preservation bodies and the scope of their tasks and stipulates the obligation of the owners.|
|Return of Unlawfully Removed Cultural Heritage Objects Act (Official gazette No.126/2003)||Provides the legal basis for activities aimed at the return of unlawfully removed cultural heritage objects within EU member states.|
|Protection of Documents and Archives and Archival Institutions Act (Official gazette No.30/06 and 51/14)||Defines the rules on protection of archival material and specifies the division of labour between different preservation and archiving organisations and the scope of their activities.|
|Sector specific legislation- Librarianship|
|Libraries Act (Official gazette No. 87/01 and 96/02 – ZUJIK)||Defines public service in the field of librarianship including the operation, founding, financing and supervision of publicly funded libraries, establishment of the national cooperative online bibliographic system and tasks of the National Council for Librarianship.|
|Legal Deposit Act (Official gazette No.69/06 and 86/09)||Defines purpose and scope of the legal requirement to submit copies of the publications to the repository libraries, their tasks and funding, and inspection to ensure compliance requirements.|
|Sector specific legislation- Books|
|Act establishing the Public Agency of the Republic of Slovenia for Books (Official gazette No.112/07, and 63/13)||Defines founding, operation, organisation, funding and supervision of agency aimed at supporting and promoting books and its tasks.|
|Single Price for Books Act (Official gazette No.11/2014)||Defines the fixed price of books in first six months after publication.|
|Sector specific legislation- Slovene Language|
|Public Use of the Slovene Language Act (Official gazette No.86/04 and 8/10)||Defines the Slovene language as the official language in the Republic of Slovenia except when in accordance with the Constitution; also, Hungarian and Italian languages have the same recognition and when the official usage of foreign languages is envisaged due to international pacts.|
|Public Fund of the Republic of Slovenia for Cultural Activities Act (Official gazette No.29/2010)||Defines the purpose, activities and organisation, governing and funding of the main expert and policy implementing entity of amateur culture and its relation to the government.|
|Sector specific legislation- Minorities|
|Self-Governing Ethnic Communities Act (Official gazette No. 65/94)||Specifies rights given to traditional minorities (Hungarian and Italian) given by the Constitution including the establishment of their self-management communities.|
|The Roma Community Act (Official gazette No.33/07)||Specifies rights given to Roma people by the Constitution including their participation in public affairs.|
|Disabled People's Organisations Act (Official gazette 108/02 and 61/06 - ZDru-1)||Defines status, operation, funding and real estate of the organisations of disabled people.|
|Act on the Use of Slovene Sign Language (Official gazette No.96/02)||Stipulates that deaf people have the right to use sign language and the right to be informed in specially adapted techniques. The Act also defines how and to what extent the right to a sign language interpreter can be used.|
|the Law on Slovenian Audio-visual Centre||Trying to regulate the field of film and to provide better incentives to invest in the Slovenian film industry including a special levy on cable operators which provoked huge resistance and consequently stopped the process.|
|XIV. THE MAJOR INTERNATIONAL CONVENTIONS, CHARTERS AND AGREEMENTS ON HUMAN AND CULTURAL RIGHTS RATIFIED BY SLOVENIA|
|ICCPR, International Covenant on Civil and Political Rights ICESCR, International Covenant on Economic, Social and Cultural Rights CERD, Convention for the Elimination of All Forms of Racial Discrimination CRC, Convention on the Rights of the Child CEDAW, Convention Eliminating All kinds of Discrimination Against Women European Framework Convention for the Protection of National Minorities European Charter for the Protection of Regional or Minority Languages European Convention for the Protection of Human Rights and Fundamental Freedoms European Social Charter Protocol No 3 on the Act of Accession to the European Union UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions UNESCO Convention for the Safeguarding of Intangible Cultural Heritage|
|Slovenia co-operates on a national basis and as a Member State of the European Union with the following international organisations on minority issues: the United Nations, Council of Europe, OSCE, ILO, UNESCO.|
Last update: December, 2014
There are two main acts regulating the cultural heritage sector:
- the Cultural Heritage Protection Act, 2008, which applies to all kinds of movable and immovable cultural heritage; and
- the Protection of Documents and Archives and Archival Institutions Act, 2006.
Others refer just to some specific aspects (such as the Law on the Return of Unlawfully Removed Objects of Cultural Heritage, 2003) that regulate the return of movable objects of cultural heritage that have been unlawfully removed from the territory of the Republic of Slovenia and brought to the territory of any EU member states or vice versa) or individual monuments / natural sights (such as the Lipica Stud Farm Act, the Regional Park Škocjanske jame Act, the National Park Triglav Act).
The Protection of Documents and Archives and Archival Institutions Act governs the methods, organisation, infrastructure and implementation of capture and storage of documents in physical and electronic form, the effectiveness and value of such materials, the protection of archives and conditions for use of archives. It defines the tasks of archival institutions and the public archival service, as well as related services. The supervision over the implementation of its mandatory obligations is regulated accordingly.
The main dissent during the legislative procedure concerned the idea to integrate all of the six regional archives into the Slovenian National Archive, which is already a part of the Ministry of Culture. Due to very powerful lobbying, regional archives preserve their autonomy and remain separate legal entities.
The protection of natural heritage is regulated by the Nature Conservation Act. Until 1999, natural and cultural heritage were regulated within the same law and within the same office. In 1999, natural heritage came under the jurisdiction of the Ministry of Environment, Space and Energy, while cultural heritage remained under the jurisdiction of the Ministry of Culture. ZVKD wishes to at least partly overcome the division of cultural and natural heritage by the introduction of unified insurance of cultural heritage and nature in the case of territories which contain, besides extraordinary cultural values, the values of nature as well. In practice, such unified insurance is so far not available.
The immovable cultural heritage is regulated by different laws managing space, buildings, regional development and spatial document development on the national and local levels. Although the new Cultural Heritage Protection Act was adopted in 2008, this law hasn't brought major reform to the previous regulation but represents further improvement and modernisation of the system that was launched as a part of the transition from the socialist regime, imposing collective property of cultural monuments, to democratic order based on private property.
It regulates procedures for the protection of movable and intangible cultural heritage and governs its protection by determining the responsibilities of public authorities; the obligations and rights of owners of cultural heritage; professional supervision and inspection in this area; and sanctions in the event of violations of the provisions of these responsibilities. The Institute for the Protection of Cultural Heritage of the Republic of Slovenia remains a separate public institution. In 1999, seven regional institutes for monument protection lost their independent status and were merged into a national institute that is also responsible for restoration and preventive archaeology.
The aim of the revision of current legislation is to suppress those problems that haven't been successfully solved by previous legal provisions. Among them are:
- improvement of cultural heritage management, which should also contribute to better legal security of owners;
- assurance of the legal foundation for holistic maintenance of heritage and assertion of its developmental potential;
- the protection of intangible heritage;
- harmonisation of conservation practices and standards;
- in the field of archaeology the law brings a shift of accent in protection from the phase of excavation to the phase of planning with the objective of distraction of interventions in archaeological heritage;
- rationalisation of public services in the field of cultural heritage (simplification of procedures for promotion and public awareness, more precise conditions for permission regarding interventions, the introduction of conservation plans as the foundation for complex measures as well as conservation plans for renovation as part of a more detailed spatial act for maintenance and development of territories of heritage protection);
- besides providing a new way of financing archaeological research, it enables better flexibility by investment of resources such as the possibility of compensation for reduced economic use; co financing of interest on loans; adherence of values of works in nature which are ensured by the owner as his coinvestment share, the possibility of co financing of multi-year long municipal programmes of monumental renovation.
- modernisation of the unified register of cultural heritage, preparation of unified presentation of evaluation of heritage in its special context and definition of new tasks in the field of digitalisation of heritage;
- rationalisation of public services in the field of cultural heritage including administrative procedures;
- clarification of monument protection taking into consideration future regionalisation
- introduction of the concept of public benefit of protection of cultural heritage; and
- more respect for the rights of owners of cultural monuments.
The most important substantial innovation is the introduction of the so called authorised museums for the execution of state public service for the protection of cultural heritage with the ambition to solve the problem of the last twenty years when around 25 local museums have been funded by state without clear criteria and performance standards (see chapter 1.2.2). This service encompasses identification, documentation, valorisation, interpretation, and research of cultural heritage and its protection, administration, presentation and popularisation. It is up to special degree or contract to define the scope of these tasks to be funded by state, but not more than 80% of total budget of individual museum. The rest of funding is delegated to local communities. With the novel from December 2008 the implementation of this provision is postponed until 1 January 2010.
The Law on Protection of Cultural Heritage enables the work of volunteers (with appropriate education) in the public service of protection, which can include internships, gaining work experience towards qualifications or performing other jobs. The law also anticipates the activity of volunteers-confidants, whose task is development of public awareness about heritage and assistance in protection activities.
The current Coalition Contract 2012-2015 anticipates the realisation of the following objectives in the field of cultural heritage:
- changes to protective and other legislation which will enhance investment in cultural heritage;
- more appropriate measures for maintenance of the cultural landscape; and
- inclusion of heritage and cultural events in a more complete tourism offer and sustainable economy development.
There is no specific sector law. Sector specific legislation exists mostly in the fields with traditional public services like monument protection, archives, museums and libraries.
Last update: December, 2014
There is no specific sector law.
Sector specific legislation exists mostly in the fields with traditional public services like monument protection, archives, museums and libraries. See chapter 4.2.2 to chapter 4.2.6 for more specific information.
The Act Regulating the Realisation of the Public Interest in the Field of Culture (2002) presents the legal basis for the main support measures such as public tenders and public calls for financing libraries, literacy culture, translation of classical works (see chapter 5.1) and working scholarships (see chapter 7.2.3). In recent years, a fairly comprehensive system of financing for book publishing was constructed (see chapter 2.9). Parallel to this, the idea to delegate all executive tasks to a Public Agency has been developed which resulted in the adoption of the Slovenian Book Agency Act (2007). In order to more efficiently organise and combine the currently rather uncoordinated governmental policies in this area, the new Law merged support for the production of books and magazines in the fields of literature and science. However, the main objectives concern the empowerment of expertise in the decision-making process concerning the allocation of public funds and the sustainability of funding, including the diversification of different sources on national and trans-national EU levels. These tasks are now delegated to the Slovenian Book Agency (see also chapter 2.1).
Libraries are regulated by the Librarianship Act adopted in 2001 and amended in 2002.
The Act has four main aims, all of them based on the statutory obligation of municipalities to provide library services for their citizens:
- to orient municipalities towards the provision of library services for their citizens in the optimum manner, either by reaching an agreement with the nearest library to provide these services on the basis of a contract. This means founding a branch unit of a larger library or founding an independent library. The latter must be large enough to cover the needs of at least 10 000 inhabitants – library professionals have estimated that an entity of this size has sufficient professional and economic strength to develop successfully in its environment;
- to regulate the regular and stable funding of public libraries. This chiefly involves two issues. The first is ensuring that library services are evaluated according to uniform criteria, so that the financial obligations of municipalities for a given range of services are known. The second, in the case of a library being jointly founded by two or more municipalities, ensuring that the coordination of shares of funding between these municipalities does not threaten the normal operation of the library. If the municipalities are unable to reach an agreement, the number of inhabitants of the individual municipalities shall be taken into account. To avoid everything being based on compulsion, the state provides incentives for municipalities by co-funding the annual purchase of books and the process of digitalisation. Out of 220 books per 1 000 inhabitants 90 of them were bought by state funds in 2005;
- to develop a national bibliographic service as the infrastructure for the library system. The COBISS has been in place since 1990 and continues to develop, and although there is a question regarding prestige or hierarchy in the relationship between the National Library and the Service, they have been able to work in synergy. There is a healthy competitive relationship between the two institutions regarding the purchasing of new products; and
- to establish a uniform system for the National Library, which means continuing to provide a supply of library services across the whole of Slovenia, a high level of professionalism in the work of librarians (library studies at university level and constant training provided by the National Library), a developmental role for the National Library and the Librarians’ Society of Slovenia and the inclusion of large regional libraries as the pillars of the public library network.
In 2006, a new Legal Deposit Act was adopted. Its main novelty is that it reduced the number of legal deposits to the national library from 16 to 4, with some exceptions concerning the publications that are produced with public support, which remain at 16. The funding for a deficit compensation for legal deposits was provided in the amount of 400 000 EUR and therefore the total amount of financing to purchase materials was increased in 2006. The Act includes a provision on collecting electronic internet publications, which is one of the first such statutory provisions among EU member states.
According to the Single Price for Books Act adopted in 2013, book prices are kept fixed by law for 6 months.
Last update: December, 2014
Film, video and photography
The previous Film Fund of the Republic of Slovenia Act that established this public institution in 1994 for the purpose of implementing the national cultural programme in the sphere of film was replaced by The Slovenian Film Centre, public agency of the Republic of Slovenia Act. Although the legal status has been changed (from public fund to public agency) the purpose remains the same.
In June 2001, Slovenia adopted the Law on Media providing rules and regulations for the entire media sphere. It paid regard to the provisions of the aquis communautaire for the media field – Directive on television without frontiers – Council Directive 89/552/EGS and Directive of the European Parliament and Council 97/36/ES – and the Council of Europe – Convention on cross-border television and the Protocol which amends the European Convention on cross-border television. The Act also contains provisions on implementing programme quotas in the programmes of television broadcasters operating under the jurisdiction of the RS.
The Post and Electronic Communications Agency of the RS, is an independent organisation which, in line with the Media Act, Audiovisual Media Services Act and Electronic Communications Act, has responsibilities relating to the functioning and development of telecommunications and the telecommunications market, the use of the radio frequency spectrum and other tasks relating to the set up and monitoring of radio and television activities.
In 2006 the Act Amending the Media Act was adopted under the right wing coalition that introduced an annual call for pluralisation of the media, in the amount of approximately 4 million EUR and media call worth of 2.3 million EUR for programmes of special importance. Both measures have been contested by opposition as bias since the main criteria, i.e. "how balanced they report on politics, especially on ruling parties and opposition" ment in practise that for example in 2007 the biggest subsidy was given to the weekly established by the ruling party. In 2014 under the left wing coalition the amount for both calls decreased to 1.3 million EUR and 0.9 million EUR. In 2011 the Audiovisual Media Services Act was adopted, which transposes the audiovisual media services directive. The Directive amends the Television Without Frontiers Directive in a number of areas including enlargement in scope, advertising rules, advertising "unhealthy" foods and beverages in children's programmes, and promotes areas including media literacy, co & self regulation, and access for persons with a hearing or visual impairment. The Directive also has a significant cultural dimension and has a major influence on the shape of European broadcasting. This includes provisions in relation to quotas for European programming, short news reporting, rules on the insertion of advertising and the provisions in relation to the designation of certain events as events of major importance to society.
Audiovisual media services act therefore nullifies a part of the Media Act and regulates the following areas:
- protection of children and minors;
- promotion of the distribution and production of european audiovisual works;
- audiovisual commercial communication;
- television advertising and teleshopping; and
- exclusive rights and right to short news reports.
The Radio-Television Slovenia Act determines Radio-Television Slovenia (RTV Slovenia) as a provider of public services in the field of radio and television activities. Radio-television Slovenia is a public institution, which is financed through statutorily determined RTV contributions and advertising.
The Ministry outlined the positive consequences of the RTV Act as follows:
- the financial operation of a public institute is now positive;
- digitalisation of radio-diffusion broadcasting is in a state of successful implementation; and
- the licence payments for RTV have not increased; in fact they have decreased (by an inflation percentage). The new Act has a new provision on exemption for payment of the licence for the socially weakest group (approximately 430 TV subscribers).
See also chapter 2.5.3.
Last update: December, 2014
No special regulation that would take into consideration the cultural dimension of this field has been adopted so far.