TY - ADVS

T1 - Die Anwendungsgrenzen des § 11 Abs. 1 DMSG

AU - Karl, Raimund

PY - 2016/7/9

Y1 - 2016/7/9

N2 - Both archaeologists and the wider public require certainty as to how archaeological heritage law is to be interpreted. In this contribution, I prove that the interpretation of § 11 (1) Austrian Monuments Protection Law (DMSG) currently applied by the Austrian National Heritage Agency (BDA) must be illegal, since it would seriously breach the Austrian constitution, especially Art. 17 Staatsgrundgesetz (StGG). It is argued that there is only one other possible and legal interpretation of the provisions of § 11 (1) DMSG. It is recommended the BDA immediately chances its policy and practice to avoid becoming liable to massive damages.

AB - Both archaeologists and the wider public require certainty as to how archaeological heritage law is to be interpreted. In this contribution, I prove that the interpretation of § 11 (1) Austrian Monuments Protection Law (DMSG) currently applied by the Austrian National Heritage Agency (BDA) must be illegal, since it would seriously breach the Austrian constitution, especially Art. 17 Staatsgrundgesetz (StGG). It is argued that there is only one other possible and legal interpretation of the provisions of § 11 (1) DMSG. It is recommended the BDA immediately chances its policy and practice to avoid becoming liable to massive damages.

KW - ARCHAEOLOGY

KW - Heritage management

KW - heritage law

KW - Austria

KW - National Heritage Agency

KW - Constitutional law

KW - Civil rights

KW - Human rights

KW - academic freedom

KW - policy

M3 - Safe Gwe / Cyhoeddiad Gwe

PB - Internationales Österreichisches Archäologie Forum

ER -