On the archaeological dimensions of Law 3028/2002 - a consideration of the effectiveness of the Greek legislative approach to cultural heritage

This research provides an assessment of the effectiveness of Law 3028/2002 – the principal legislation concerning the regulation of cultural heritage and archaeological research in Greece. Two deficiencies were observed within the current academic treatments of this law. Firstly, a limited engagement with Law 3028/2002 from the archaeological perspective has left such discussions about the law being primarily directed from a legalistic viewpoint. Secondly, whilst much has been written on the provisions, purposes, and implementation of Law 3028/2002, such themes have seldom been considered in a unified manner. In light of these identified shortfalls, an evaluation test has been developed and applied that merges legal opinions of Law 3028/2002 with archaeological sensitivities to assess the performance of the law in the field. As the first example of such an approach, this assessment measures Law 3028/2002 according to its objectives, how well it protects cultural heritage, and the degree to which it meets the interests of archaeological and non-archaeological stakeholders. By specifically targeting those provisions where archaeology and law intersect under Law 3028/2002, this research shows that, whilst Law 3028/2002 has improved on earlier legislation in some measures and has proven to be effective in safeguarding monuments and sites directly, it falls short of reaching its full potential. This inefficiency is identified as stemming from two main issues: (1) the law favours a centralist structure of protection that is hindered by its own bureaucratic weight and political agenda, and (2) that this centralised structure divorces the Greek public and academics from engaging with cultural heritage as active stakeholders.