Critical analysis of the Balearic Islands museum legislation: dilemmas and consequences of its application

Abstract

The article analyzes the main legislative and regulatory documents in force that affect museums in the Balearic Islands. A critical analysis has been made of the laws of historical heritage and state museums, as well as of Law 12/1998, of December 21, 1998, on the Historical Heritage of the Balearic Islands and, more specifically, of Law 4/2003, of March 26, 2003, on Museums of the Balearic Islands and its respective regulations. The specific documents approved by the Consell de Mallorca have also been included. The objective is to make known the legal basis that governs the Balearic museum field and to highlight the most significant challenges faced by the museums of the islands. It has been found that, although well-intentioned, the measures promoted by these documents often encounter obstacles in
their practical application due to slow administrative processes, jurisdictional conflicts and the need to adapt regulations to specific local contexts. In fact, some of the requirements demanded by the autonomous law to obtain official recognition as a museum or museum collection are difficult to meet, mainly due to budget and human capital problems. As a result, the museum panorama is dispersed and little known in a comprehensive and homogeneous manner. Moreover, these difficulties jeopardize the ability of museums to fulfill their mission of guarding and disseminating cultural heritage and maximizing its impact.