This chapter provides a general comparative overview of the legal status and management of museums within the European legal framework, considering different perspectives rooted in the diverse legal traditions of European countries that govern public bodies and their governance structures. Museums are important institutions through which information about the past is collected and disseminated. In addition to providing aesthetic experiences and educational value, they are also recognized as playing an increasingly important social role. The content they provide contributes to the development and enjoyment of society. Museums’ ability to fulfill their social role is influenced by the relevant legal regimes governing cultural heritage institutions and cultural heritage law in each country. An analysis of the regulatory framework applicable to the sector and the rules governing related bodies reveals peculiarities and tensions, which relate to a broader issue or “dilemma” concerning the relationship between the public and private sectors. These peculiarities seem to hinder the full realization of museums’ social role, especially as outlined by ICOM in the latest version of its internationally agreed definition. The analysis focuses on prominent features of public museums, comparing their legal and regulatory frameworks, with particular reference to those of Italy, France, and the United Kingdom.

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Public vs Private Art Collections: The Changing Role of Museums

  • Maria Cristina Pangallozzi

摘要

This chapter provides a general comparative overview of the legal status and management of museums within the European legal framework, considering different perspectives rooted in the diverse legal traditions of European countries that govern public bodies and their governance structures. Museums are important institutions through which information about the past is collected and disseminated. In addition to providing aesthetic experiences and educational value, they are also recognized as playing an increasingly important social role. The content they provide contributes to the development and enjoyment of society. Museums’ ability to fulfill their social role is influenced by the relevant legal regimes governing cultural heritage institutions and cultural heritage law in each country. An analysis of the regulatory framework applicable to the sector and the rules governing related bodies reveals peculiarities and tensions, which relate to a broader issue or “dilemma” concerning the relationship between the public and private sectors. These peculiarities seem to hinder the full realization of museums’ social role, especially as outlined by ICOM in the latest version of its internationally agreed definition. The analysis focuses on prominent features of public museums, comparing their legal and regulatory frameworks, with particular reference to those of Italy, France, and the United Kingdom.