Authorities and subjects?: The legal framework for public participation in Austrian archaeology

Raimund Karl

Authorities and subjects? The legal framework for public participation in Austrian archaeology

Raimund Karl

Research output: Contribution to journal › Article › peer-review

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Abstract

The Austrian National Heritage Agency [BDA] has long maintained that all archaeological fieldwork in Austria is only permitted with a permit according to the Austrian Monuments Protection Law. Such permits, since 1999, can only be issued to archaeology graduates, severely restricting the rights of most Austrian citizens to engage in self-determined archaeological research. Yet, the right to conduct self-determined research has been enshrined since 1923 in the Austrian Constitution, and increasingly been guaranteed by various international legal instruments. This paper demonstrates that the BDA has interpreted the law incorrectly. A proposal is also presented of how voluntary compliance with archaeological quality assurance regulations could be enhanced.

Original language	English
Pages (from-to)	219-256
Journal	European Journal of Postclassical Archaeologies
Volume	9
Publication status	Published - 26 May 2019

Keywords

Public participation
Archaeology
Heritage law
Heritage management
Austria
excavation permit

Access to Document

PCA 9_KarlFinal published version, 976 KBLicence: Unspecified

5 Article
5 Other contribution
1 Book
1 Chapter

Aufklärung, Menschenrechte und Bürgerbeteiligung an der archäologischen Denkmalpflege
Translated title of the contribution: The Enlightenment, Human Rights and Public Participation in Archaeological Heritage ManagementKarl, R., 13 Jan 2020, In: Archäologische Informationen. 42, p. 25-35 11 p.
Research output: Contribution to journal › Article › peer-review

Open Access
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Authority and Subject (in the Archaeological Discourse in Austria and Germany)
Karl, R., Apr 2020, In: Archaeologies - Journal of the World archaeology Congress. 16, 1, p. 137-158 22 p.
Research output: Contribution to journal › Article › peer-review

Open Access
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Der archäologische Grabungs-Kompetenz-Pass: Ein Mittel zur Dokumentation durch Praxis erworbener archäologischer Fertigkeiten
Translated title of the contribution: The Archaeology Skills Passport: A means to record archaeological skills acquired through practiceKarl, R., Moeller, K., Connolly, D., Trausmuth, T., Krierer, K., Rocks-Macqueen, D., Aitchison, K., Edeso, M., Pintucci, A. & Marciniak, A., 13 Jan 2020, In: Archäologische Informationen. 42, p. 237-249 13 p.
Research output: Contribution to journal › Article › peer-review

Open Access
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117 Downloads (Pure)

Court hearing in case regarding excavation permit against Austrian National Heritage Agency
Karl, R. (Participant)
18 Sept 2018
Activity: Other

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Cite this

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title = "Authorities and subjects?: The legal framework for public participation in Austrian archaeology",

abstract = "The Austrian National Heritage Agency [BDA] has long maintained that all archaeological fieldwork in Austria is only permitted with a permit according to the Austrian Monuments Protection Law. Such permits, since 1999, can only be issued to archaeology graduates, severely restricting the rights of most Austrian citizens to engage in self-determined archaeological research. Yet, the right to conduct self-determined research has been enshrined since 1923 in the Austrian Constitution, and increasingly been guaranteed by various international legal instruments. This paper demonstrates that the BDA has interpreted the law incorrectly. A proposal is also presented of how voluntary compliance with archaeological quality assurance regulations could be enhanced.",

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N2 - The Austrian National Heritage Agency [BDA] has long maintained that all archaeological fieldwork in Austria is only permitted with a permit according to the Austrian Monuments Protection Law. Such permits, since 1999, can only be issued to archaeology graduates, severely restricting the rights of most Austrian citizens to engage in self-determined archaeological research. Yet, the right to conduct self-determined research has been enshrined since 1923 in the Austrian Constitution, and increasingly been guaranteed by various international legal instruments. This paper demonstrates that the BDA has interpreted the law incorrectly. A proposal is also presented of how voluntary compliance with archaeological quality assurance regulations could be enhanced.

AB - The Austrian National Heritage Agency [BDA] has long maintained that all archaeological fieldwork in Austria is only permitted with a permit according to the Austrian Monuments Protection Law. Such permits, since 1999, can only be issued to archaeology graduates, severely restricting the rights of most Austrian citizens to engage in self-determined archaeological research. Yet, the right to conduct self-determined research has been enshrined since 1923 in the Austrian Constitution, and increasingly been guaranteed by various international legal instruments. This paper demonstrates that the BDA has interpreted the law incorrectly. A proposal is also presented of how voluntary compliance with archaeological quality assurance regulations could be enhanced.

KW - Public participation

KW - Archaeology

KW - Heritage law

KW - Heritage management

KW - Austria

KW - excavation permit

M3 - Article

SN - 2039-7895

VL - 9

SP - 219

EP - 256

JO - European Journal of Postclassical Archaeologies

JF - European Journal of Postclassical Archaeologies

ER -

Authorities and subjects? The legal framework for public participation in Austrian archaeology

Abstract

Keywords

Access to Document

Fingerprint

Research output

Aufklärung, Menschenrechte und Bürgerbeteiligung an der archäologischen Denkmalpflege

Authority and Subject (in the Archaeological Discourse in Austria and Germany)

Der archäologische Grabungs-Kompetenz-Pass: Ein Mittel zur Dokumentation durch Praxis erworbener archäologischer Fertigkeiten

Activities

Court hearing in case regarding excavation permit against Austrian National Heritage Agency

Cite this