Gminna ewidencja zabytków jako forma ochrony konserwatorskiej zabytków nieruchomych
Municipal Register of Monuments as a Form of Protecting Immovable Monuments
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The functioning of the municipal register of monuments (GEZ), especially due to the lack of comprehensive and deliberate regulations and inconsistent practice of municipal authorities at the national scale, raises many problems. Some of them have been solved by the jurisprudence of administrative courts which consider the entry to GEZ as an activity subject to court-administrative review. Other problems may be solved by the legislator. Nevertheless, in this author’s opinion, an in-depth analysis and reconsideration is required due to the coexistence of so many forms of conservation of immovable monuments (in particular, the entry into the register of monuments, voivodship register of monuments and GEZ). It seems that the definition of a monument contained in the Monuments Act, does not allow for the valuation of the scope of protection of particular objects due to their uniqueness or representativeness. In practice, however, the established forms of monuments protection introduce such differentiation. The fact that these instruments are insufficient is evidenced by frequent cases of illegal demolition of monuments - also those entered into the register, and therefore subject to the most restrictive legal protection. Therefore, there is no doubt about the need to discuss the reform of existing forms of architectural heritage protection. Not the number and variety of procedures and instruments of protection, but their effectiveness should guide the legislator in shaping the regulations aimed at preserving this heritage for future generations.
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