Legal framework of the cultural heritage of Serbia and North Macedonia in the context of the acquis communautaire

Ćitić Teodora (Socijalno-ekonomski institut Ruskog državnog humanitarnog univerziteta (RGGU) u Moskvi), citictedora1@gmail.com

The paper analyses the impact of the European Union’s legal acquis communautaire on the legal status and protection of Serbian historical heritage in the territory of present‐day Serbia and North Macedonia. The paper also reviews cultural heritage in the pre‐Yugoslav historical period. Starting from the international legal framework of public property, the paper examines the extent to which European law influences the resolution of issues that formally remain within the exclusive jurisdiction of states. The central hypothesis of the paper is based on the view that the European Union does not directly regulate issues of public property and historical and cultural heritage, but, through the principles of legal certainty, property protection, and good neighbourly relations, it shapes the legal and negotiating international framework in which these issues are resolved. The paper shows the European Union has limited legal capacity to protect the cultural and historical heritage of states located in third countries. In the context of Serbia’s European integration, the issue refers to its cultural and historical heritage located in the territories of the successor states of the former SFR Yugoslavia, whose internal legislation is “more or less” in line with European and international standards. To govern all open issues related to this heritage consistently and legally, neighbouring states should regulate these issues through diplomatic channels and the conclusion of bilateral agreements. As an illustration, consider North Macedonia, whose territory contains several significant Serbian historical and cultural sites for which appropriate legal remedies should be devised.

Keywords: acquis communautaire, national law, European Union, historical heritage, diplomacy, bilateral relations, historical law, legal system