TY - JOUR

T1 - Authorities and subjects?

T2 - The legal framework for public participation in Austrian archaeology

AU - Karl, Raimund

N1 - Journal permissions: PP after 18 month embargo http://www.postclassical.it/pca_ethics_and_open_access.html

PY - 2019/5/26

Y1 - 2019/5/26

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

VL - 9

SP - 219

EP - 256

JO - European Journal of Postclassical Archaeologies

JF - European Journal of Postclassical Archaeologies

SN - 2039-7895

ER -