La tutela dei beni culturali immateriali: spunti dalla legislazione spagnola

The protection of intangible cultural heritage: input from the Spanish legislation. The article examines the state of implementation of the UNESCO Convention for the safeguarding of intangible cultural heritage, 2003, in Italy and Spain. Para. 7-bis of the Code of Cultural Heritage and the Landscape (bill of law No. 42, 2004 and successive modifications), introduced with the aim of implementing the Convention, appears to be inadequate insofar as it limits its reach to heritage that has a material support. Furthermore, this limitation appears to be made necessary by the forms of protection designated in the Code, formulated for these kinds of heritage. However, the situation is tempered by the deployment of the Convention by some Regions, which have created a system of safeguarding in order to protect their own intangible cultural heritage. The situation in Spain is different, insofar as it has recently approved a specific state law protecting intangible cultural heritage (l. 26 May 2015, No. 10), perfectly in line with the contents of the Convention. This result is achieved also thanks to the careful consideration of the broad concept of ‘cultural heritage’ put forward by Massimo
Severo Giannini.