The protection of heritage, mainly governed by public law – the Heritage Code adopted in 2004 brings together the main features – is most often understood and analysed from the angle of either categorical legislation (historical monuments, archives, museums, archaeology), or the role of the State and its offices. If they are central actors in the project of conservation and transmission of cultural heritage, the material is also the fruit of a co-construction, the place of a dialogue between the judge, the administration and the legislator. The purpose of this conference is to examine, from the collection and exploitation of the archives of the Council of State, from a double historical and legal perspective, the contribution of the Council of State in the construction of this right, both through its adjudicative function – a large number of judgments deal with the heritage issue – and in its role as an adviser to the government on the preparation of bills, ordinances and certain decrees. In the succession of texts since the middle of the XIXth until the codification, it holds a special place in the process of writing the law, undoubtedly paying less visible and less known of its activity.
While taking an interest in the institution but also in social history, the state councillors who have left their mark, this exploration of the role of the judge will be extended to foreign experiences, in particular the United Kingdom and Italy.
This symposium is organized by the History Committees of the Council of State and the Ministry of Culture in partnership with the Institute of Social Sciences of Politics (ENS Paris Saclay).
Science Directorate:
- Arlette Auduc, Honorary Chief Heritage Curator
- Martine de Boisdeffre, Chair of the Report and Studies Section of the Council of State, Chair of the History Committee of the Council of State and Administrative Jurisdiction
- Marie Cornu, CNRS research director at the Institut des sciences sociales du politique (ISP, ENS Paris Saclay, Université Paris Nanterre, CNRS)
- Jérôme Fromageau, Honorary Dean of the Jean Monnet Faculty (Université Paris-Sud), Associate Researcher at the Institut des sciences sociales du politique (ISP, ENS Paris Saclay, Université Paris Nanterre, CNRS)
- Jean-Michel Leniaud, director of studies at the École pratique des hautes études and professor at the École nationale des chartes
- Vincent Négri, researcher at the Institut des Sciences sociales du Politique (CNRS – ENS Paris Saclay – Université Paris Ouest Nanterre)
- Maryvonne de Saint Pulgent, Section Chair of the Council of State, Chair of the History Committee of the Ministry of Culture
- Noé Wagener, lecturer at the University Paris-Est Créteil
_____
PROGRAM
- Friday, March 16, 2018
Council of State – General Assembly Hall (1, place du Palais-Royal 75001 Paris)
9h00
Reception by Maryvonne de Saint Pulgent, Section Chair of the Council of State, Chair of the History Committee of the Ministry of Culture, and Martine de Boisdeffre, Chair of the Report and Studies Section of the Council of State, Chair of the History Committee of the Council of State and Administrative Jurisdiction
Opening by Jean-Marc Sauvé, Vice-President of the Council of State
9h30
1. An archaeology of heritage law before 1913
Chair: Jérôme Fromageau, Honorary Dean of the Jean Monnet Faculty (Université Paris-Sud), Associate Researcher at the Institut des sciences sociales du politique (ISP, ENS Paris Saclay, Université Paris Nanterre, CNRS)
- The King’s Council and Heritage Awareness, by Marie-Anne Sire, Inspector General of Historic Monuments
- The Council of State and the doctrinaires, by Camille Pascal, State Councillor
- The origins of a system of protection of historic monuments: the role of the Council of State, by Arlette Auduc, Honorary Chief Heritage Curator
- Judicial and administrative courts serving the heritage, by Stéphane Duroy, Professor of Public Law at Paris-Sud University
- The incorporation of communal churches into the public domain after 1905, by Jean-Michel Leniaud, director of studies at the École pratique des hautes études and professor at the École nationale des chartes
14h00
2. 1913 to the Heritage Code: The Emergence of the Heritage Public Interest
Chair: Maryvonne de Saint Pulgent
- The judgment of aesthetics and the interest of art and history, by Marie Cornu, CNRS research director at the Institut des sciences sociales du politique (ISP, ENS Paris Saclay, Université Paris Nanterre, CNRS)
- Cultural heritage in the dispute of liability, by Vincent Négri, researcher at the Institut des sciences sociales du politique (ISP, ENS Paris Saclay, Université Paris Nanterre, CNRS)
- Associations and litigation of heritage by Noé Wagener, lecturer at the University Paris-Est Créteil
- The role of some figures of the Council of State, by Yann Coz, adviser to the Administrative Court of Paris
______________
- Saturday, March 17, 2018
National Institute of Art History – Colbert Gallery Auditorium (2 rue Vivienne 75002 Paris)
9h30
3. Competing public and private interests: conciliation, arbitration
Chair: Jean-Michel Leniaud
In France…
- Property rights and public interest, by Jacqueline Morand-Deviller, Professor Emeritus at Paris 1 University
- Public and private property: the protection of cultural property in the jurisprudence of the Council of State, by Olivier Henrard, Head of the State Council
... And elsewhere – Comparative law perspectives
- The role of the British courts in the construction of the public interest, by Ruth Redmond-Cooper, Director of the Institute of Art and Law
- The role of administrative jurisprudence in the construction of Italian cultural heritage law, by Lorenzo Casini, professor at the IMT School of Higher Studies in Lucca, legal adviser to the Italian Minister of Property, Cultural Activity and Tourism
14h00
4. Major Legislative Developments in the Construction of Heritage Law
Chair: Martine de Boisdeffre
- The Council of State, guardian of the quality of the texts, by Jean-Éric Schoettl, Honorary State Councillor
- The codification of heritage, by Isabelle Maréchal, Inspector General of Cultural Affairs
15h45
Closing of the conference by Jean-Noël Jeanneney, former minister, university professor
- [The invitation] (pdf)
Partager la page