Państwowa służba konserwatorska : uwagi de lege ferenda

• Authors: Pruszyński Jan

Title variants

EN

THE STATE CONSERVATION SERVICE (Remarks de Lege Ferenda)

• Languages of publication: PL EN

Abstracts

EN

The authors of the ammendment to the law „Concerning the Protection of Cultural Goods" (15 February 1962), passed in 1990 by the Seym of the Polish Republic, assumed that it would be provisional although it contains many solutions necessary for the state conservation services to supervise and protect the monuments entrusted to them. The preparation of projects for the ammendment was conducted in a situation when the division of competences between the government and self-government administration remained insufficiently regulated. This is why the duties of the owners and usufructuaries were formulated in a general manner, although they are of decisive importance for the existence of historical monuments. A serious gap in the regulation is the retention of the existing organizational system of services for the protection of monuments at the level of voivodships; only the name was changed. Despite the fact that the Minister of Culture and Art is at present empowered to nominate and dismiss the Voivodship Conservators of Monuments, and to determine the structure of the State service for the Conservation of Monuments, the latter remains a weak and ineffective organization. The conservation services hold a special place in the system of state administration. The nature and value of the property entrusted to them as well as the variety of legal, organizational and material activity jointly described as protection, are the reason why they should be appropriately expanded and organized so that the obligations placed upon the services by the law would not become fiction. An acquaintanceship with the regulations shows that the work of the conservator demands from him not only improved professional knowledge as regards architecture, the history of art, archeology, and construction technology, but also administrative efficacy and a knowledge of law and organization. The majority of conservators as a rule was, and still is, unable to meet these requirements. As a result, the following questions must be taken into consideration in the course of a further legal regulations of the conservation of monuments: 1. the system of the state conservation services; 2. professional requirements; 3. conservation specialization (promotion); 4. decision-making rights; 5. cooperation, and 6. legal advice. The above remarks which are the outcome of many years of specialization in conservation and museum work as well as research into systems prevalent in Europe, should be treated as an expression of concern for the preservation of the cultural heritage in the best possible state and as a voice in a discussion concerning the further improvement of an appropriate law.

• Publisher: Narodowy Instytut Dziedzictwa
• Journal: Ochrona Zabytków
• Year: 1991
• Issue: 4
• Pages: 285-287

Dates

published

1991

Contributors

author

Pruszyński Jan

• prof, dr hab., Instytut Nauk Prawnych PAN