Los catálogos urbanísticos del patrimonio como instrumentos municipales de protección del patrimonio. Especial referencia a Cataluña. Una perspectiva territorial, urbanística, patrimonial y medioambiental

Identifier:  TDX:4331

Handle: https://hdl.handle.net/20.500.11797/TDX4331

Authors:  Calvo Català, Bernat

Abstract:
The present work aims to study the urban heritage catalogs as the main legal instrument of the municipalities to protect their heritage and their relationship with other figures for the protection of cultural heritage, especially derived from sectoral legislation on cultural heritage. Its legal regime will be studied, emphasizing the legal regime in Catalonia, without prejudice to comparative analyzes with the legal regime of other autonomous communities. Core issues of the legal regime of cultural heritage will be analyzed, such as the historical evolution of the regulations on the matter, the guiding principle of article 46 of the Constitution to protect cultural heritage and the study of the concurrent competence regime in culture and competences in urban planning. The legal regime for the protection of immovable cultural heritage is also studied, especially the main figures of sectoral protection. Then the urban catalogs and their inclusion in the urban plans are analyzed, as well as their content, documentation and effects of their approval, the latter referring above all to the consequences in the granting of licenses in cataloged assets, duty of conservation of said assets, execution orders, ruin regime and urban discipline on the listed assets. This paper deals with transversal issues that affect the legal regime of cultural heritage such as administrative procedure, history of administrative law, sanctioning administrative law, constitutional law (constitutional jurisdictional regime and jurisprudence of the Constitutional Court), cultural heritage law, urban law, etc