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|3. LEGISLATION FOR CULTURE
|22.11.2001 | author: ***
|LEGAL ACT: Law on Cultural Councils of Croatia
LAW ON CULTURAL COUNCILS
the dossier of the Advocating Culture international workshop, Zagreb, November 2001, as background document.
(1) Cultural Councils (hereinafter referred to as Councils) shall be established at the Ministry of Culture for specific fields of artistic and cultural activities with a view to proposing the objectives of cultural policy and the measures for its implementation, and in particular, for proposing programs of cultural needs for which funds are earmarked in the state budget of the Republic of Croatia, as well as for effectuating the influence of cultural professionals and artists on decision-making relevant for culture and the arts.
(2) In the course of fulfilling the tasks from paragraph 1 of this Article, the Councils shall professionally assist the Minister of culture in the process of adopting and enacting annual and long-term programs of public cultural needs of interest to the Republic of Croatia and of their funding, actively partake in the bringing of decisions in the process of establishing cultural policies, and to that end, provide expertise and opinions to the Ministry of Culture and the Minister; propose to the Minister of Culture the submission of proposals to the Government of the Republic of Croatia for initiating procedures for the adoption of a separate Law on the setting up of foundations or funds for specific areas of cultural and artistic activity, and carry out other activities provided by the Law which contribute to the achievement of tasks from paragraph 1 of this Article
(3) The activities of the Councils shall be public. The Councils' presidents shall be responsible for ensuring the transparency of the Councils' work.
(1) Councils may also be established for particular county or city regions.
(2) The act on the establishment of the Councils from paragraph 1 of this Article shall be adopted by the representative bodies of the counties, i.e., cities, and shall determine the tasks, methods of work and decision-making process of the Councils in compliance with this Law.
SCOPE OF THE COUNCILS
Councils established at the Ministry shall cover the following areas:
- Film and the film industry,
- Performing arts,
- Fine and applied arts,
- Architecture and urbanism,
- Books and publishing, and
(2) Along with their spheres of action provided by specific laws, the Croatian Museum Council, Croatian Library Council, Croatian Archive Council and Croatian Council for Cultural Heritage shall fall within the purview envisaged for the Councils by this Law.
STRUCTURE OF THE COUNCILS
(1) The Councils shall have a president and six members. Council members shall be appointed from among cultural professionals and artists engaged in particular artistic and cultural fields who can, owing to their prior achievements and knowledge of problems linked to the establishment and enactment of cultural policy, contribute to the implementation of the objectives a particular Council has been set up for.
(2) The president of the Council and the Minister of culture may invite individual artists and cultural professionals to participate in the proceedings of particular Council sessions without the right of decision-making.
(3) Officials and other employees of the Ministry of Culture responsible for the field of activity of specific Councils shall also participate in the proceedings of the Councils without the right of decision-making.
ELECTION OF COUNCIL MEMBERS
(1) The Minister of Culture shall initiate the procedure for the election of Council members from Article 3, paragraph 1 of this Law by inviting institutions, associations and individual artists and professionals in culture from various artistic and cultural fields, to submit written substantiated proposals for Council nominees from the specific area of culture and the arts they are engaged in. The deadline for submitting proposals shall be at least 15 days from the date of sending the letter of invitation.
(2) The Minister of culture shall, based on the received proposals, put forward to the Government of the Republic of Croatia the structure of particular Councils. Along with the candidates proposed in line with paragraph 1 of this Article, the Minister of culture may propose one candidate as member of a specific Council.
(3) If the Minister of culture considers that the proposed candidates do not ensure an appropriate membership structure of a particular Council, the candidacy procedure may be repeated or the subjects from paragraph 1 of this Article asked to supplement their proposals. The Minister may call for the repetition of the candidacy procedure or supplementation of proposals only once.
(4) The presidents and members of the Councils shall be appointed by the Government of the Republic of Croatia.
The structure of Councils from Article 2 of the Law, procedure of electing, appointing and relieving of duty Council members shall be determined by the representative bodies of particular counties, namely, cities.
MANDATE OF COUNCIL MEMBERS
(1) The Councils’ presidents and members shall be appointed for a period of four years whereby half of the Council members shall be appointed every two years.
(2) The Councils’ presidents and members may be, at the proposal of the Minister of culture, released of duty prior to the termination of their mandates if their work in the Councils or public activities is such as to make them inappropriate for further engagement in the Council or if they have been convicted to a prison term for a criminal offence, or else upon a written request by the subjects referred to in Article 5, paragraph 1 of the Law.
NATIONAL COUNCIL FOR CULTURE
(1) The National Council for Culture shall determine the proposal of the National program of culture, coordinate the work of the Councils and assist the Minister of culture in the establishment and enactment of cultural policy.
(2) The National Council for Culture shall comprise the Council presidents from Article 3 of this Law. At the proposal of the Minister of culture, the National Council for Culture shall elect its president.
(3) The Minister of culture may appoint up to five (5) distinguished cultural professionals or artists as members of the National Council for Culture.
(4) The provisions of Articles 10 and 11 of this Law shall, where appropriate, also apply to the activities of the National Council for Culture.
(1) Administrative, technical and other tasks required for the work of the Councils from Article 3, of this Law, as well as for the National Council for Culture, shall be carried out by the Ministry of Culture. Funds for their activities shall be provided in the state budget.
DECISION-MAKING IN THE COUNCILS
(1) The Councils shall bring decisions by majority vote of the total number of Council members.
(2) The Councils shall adopt their Rules of Procedure.
EXEMPTION OF COUNCIL MEMBERS FROM DECISION-MAKING
(1) Council members who have a personal interest in a specific question regarding which a decision has to be made may take part in the discussions on that particular issue but may not participate in decision-making.
(2) It shall be considered that a Council member has a personal interest in a particular question being decided on if it is related to an artistic or cultural project he is personally involved in.
(3) The provisions of paragraphs 1 and 2 of this Article shall not apply to decision- making on annual or long-term plans and projects if the respective Council member has been exempted from the discussion on a particular issue which falls within the scope of the plans and projects.
NATIONAL PROGRAM OF CULTURE
(1) The Councils from Article 3 of this Law shall determine the proposal of development projects and basic general cultural policy objectives, each Council for its field of activity, as a draft proposal for part of the National Program for Culture. As a rule, the National Program of Culture shall be adopted for a ten-year period and shall represent a long-term program of public needs in culture in the Republic of Croatia. The National Program project shall comprise program, infrastructure and financial priorities, a proposal of required legislative changes as well as the protagonists and general time limits for implementing the cultural policy goals and other relevant issues.
(2) In the elaboration of the National Program of Culture, the Ministry of Culture shall provide the Councils with financial and other required data and analyses, and shall obtain, where appropriate, the views of other ministries and bodies on issues from within their competence. The Ministry of Culture shall inform the Councils on financial and other possibilities for implementing the planned project.
(3) In the process of elaborating programs, which are to be jointly implemented with local and regional self-government units, the Councils shall, where required, hold consultations with these units. Upon acquiring the opinion of the Councils referred to Article 2 of this Law, the competent local and regional self-government bodies shall adopt the projects or parts thereof in which they are directly involved.
(4) The Minister of culture shall, based on the projects prepared by particular Councils and adopted by the National Council for Culture, propose to the Government of the Republic of Croatia to establish and submit the draft National program of culture to the Croatian Parliament for adoption. The National Program of Culture shall be published in the “Official Gazette” and be binding for the Ministry of culture and other state bodies, including local and regional self-government units in as far as they are involved in its implementation.
LONG-TERM PROGRAM ARRANGEMENTS
The Ministry of Culture and local and regional self-government units, in as far as they are involved in the National program of culture, shall make arrangements with institutions and other legal and physical persons (theatres, libraries, museums and galleries, orchestras, festivals, films and multi-media project producers, publishers, etc.) as the protagonists of particular activities linked to the implementation of the National Cultural Program, regarding the ways and means of its enacting, as a rule for four years in advance, depending on the nature of the project.
EXPRESSING OPINIONS ON ANNUAL PROGRAMS
(1) The Councils shall give the Minister of culture their opinions on the annual program of public needs in culture, including annual programs of specific state budget users, as well as on the amounts the Ministry of culture has earmarked for particular programs.
(2) The Minister of culture shall be required to consider the opinions of the Councils prior to the final determination of annual programs and means for their financing in the state budget, as well as in cases of amended programs or financial plans.
(3) In case the Minister of culture does not take into account the opinions of the Councils, he is required to give a written explanation and submit it to the respective Council.
(4) The Minister of culture shall not be required to seek the opinion of the Councils when deciding on cultural programs subsidies not exceeding the amount of 100,000 kunas, and in total, one tenth of the overall amount intended for funding cultural programs in that year.
PROMOTION OF CROATIAN CREATIVITY AND ASSERTION OF NEW CULTURAL VALUES
The Councils shall, within their competence, give particular consideration to Croatian cultural and artistic creativity as well as to the assertion of new cultural values, and shall propose to the Minister of culture measures for their promotion within the National Program of Culture and annual programs of specific state budget funds users.
The Councils shall, within their fields of activity, give consideration to the assertion of amateurism in culture and the arts, as a particular and irreplaceable form of cultural and artistic creativity, especially in fields from Article 3, paragraph 1 of this Law.
INTERNATIONAL CULTURAL COOPERATION
(1) In their activities the Councils shall devote particular attention to the promotion of Croatian cultural and artistic creativity abroad, as well as to measures allowing the Croatian public to get to know recognized values and contemporary trends in the art and culture of other peoples.
(2) Proceeding from the cultural and artistic requirements of national minorities and the need for developing international cultural cooperation, the Councils shall affirm the principles of multiculturalism.
(1) At the request of the Minister of culture, the Councils shall discuss specific issues from the sphere of culture and the arts and give their opinions and proposals to the Minister.
(2) The Councils may deliberate on questions from the sphere of culture and the arts from within their competence and inform the Minister on their conclusions and proposals.
(1) The Minister of culture shall be required to initiate, within a period of one month from the date of coming of this Law into force, procedures for the election of Council members and provide for the appointment and constitution of the Councils not later than six months from the coming of this Law into force.
(2) The Minister of culture shall propose, within a period of one month from the expiration date from paragraph 1 of this Article, the president of the National Council for Culture and convene the first session of the Council.
(3) In view of the implementation of the provisions of Article 7 of this Law, three members of each Council shall be appointed for a two-year term at the first session.
COMING OF THE LAW INTO FORCE
This Law shall come into force on the eighth day from the date of its publication in the “Official Gazette” (“Narodne novine”).
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