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EN
The book market has recently witnessed the appearance of an exceptional publication written by two outstanding lawyers and comprising a complex presentation of legal regulations associated with archaeology. This is the first such work issued in the past few years wholly concerned with the legal aspects of the activity of archaeologists in Poland. In accordance with the accepted construction of the book its authors first discussed archaeology against the backdrop of the legal protection of historical monuments, laws concerning museums as well as numerous other regulations. The second part of the publication focuses on the most prominent international documents pertaining to archaeology, with particular attention paid to the European convention on the protection of the archaeological heritage, signed by Poland. The book ends with an examination of selected problems associated with the profession of an archaeologist, including training, ethics and the popularisation of archaeology. The greatest asset of ”Wykład prawa dla archeologów” is its depiction of an extensive legal context. The authors did not limit themselves to selected regulations of the statute of 23 July 2003 on the protection of historical monuments but also identified all other regulations which archaeologists could encounter in their daily work, scattered throughout the entire domain of law and relating to, i.a. maritime economy, arms and ammunition, cartography, as well as roads and highways. The book also delves into the controversial question of the turnover involving archaeological monuments. Let us note that the authors did not merely list the regulations but also proposed their own assessments, often formulating critical comments and their own stand on such contemporary controversial issues as the definition of the archaeological monument. The complex outline of legal problems concerning archaeology portrays the range of the system of the protection of monuments, disclosing its gaps and eventual lack of cohesion and, at times, also a disturbing lack of effectiveness. The reviewed publication may contribute to improving the legal awareness of the widely comprehended milieu of archaeologists and indubitably enhance the outcome of their activity. Hopefully, the titular book will be followed by similar studies addressed to, e.g. conservators of monuments.
EN
The national scientific conference on ”The Legal Protection of the Cultural Heritage in Poland – the Experiences and Challenges of the Twenty First Century”, held in Warsaw on 27 February 2009, was organised by the Chair of the Administration and Protection of the Natural Environment in the Faculty of Law and Administration at the Cardinal Stefan Wyszyński University in Warsaw and the Warsaw Seminar on Administration Axiology. The partners of the organisers were the National Heritage Board of Poland, the Centre for the Protection of Public Collections, and the Horyńska & Partners Law Firm. The conference was attended by more than 200 persons, including representatives of the conservation environment, lawyers and museum experts. The papers were followed by the acceptance of the text of the end declaration. The rank which the organisers of the meeting granted to it and the presence of the most outstanding Polish lawyers specialising in the legal protection of the cultural heritage testify to the significance of the state of Polish legislation for conservation administration.
EN
The article comprises a discussion on the supervision of the activity of museums established by central administration bodies and local self-government bodies. Museums, as a result of the public administration decentralisation, have been equipped with substantial independence from the entities that establish them. Appropriate protection of the assets they are entrusted with, and the fulfilment of the objectives set for museums, call for appropriate supervision of the tasks they have been assigned. The present model is inefficient so it calls for an intervention of the legislator. First of all, it is necessary to adjust the scope of competence of individual supervision bodies, and the resources they have at their disposal, to the scope and nature of the tasks they have been entrusted with. It is especially important to introduce effective supervision of the protection of the collections, because it is the most important task of museums.
EN
According to the Convention on protecting world heritage sites, adopted in Paris on 16 November 1972, only domestic regulations may ensure the adequate management and protection of world heritage sites stated in the UNESCO World Heritage List. This article describes the effectiveness of Polish legal tools, in particular those that apply to the protection of the Monuments of History. It also addresses the current legal issues of the management of world heritage sites.
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Rola państwa i obywatela w ochronie zabytków

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EN
The need to revise the Act of 23 July 2003 on the Protection of Monuments and the Guardianship of Monuments (Journal of Laws No. 162, item 1568 as amended), or rather the need to develop a completely new regulation in this area, has been postulated for many years by both eminent lawyers, the conservators’ community and policy-makers. The work on the new regulations should be preceded by a discussion about the role of the state and the owner in heritage conservation. This article is to present the case-law of the Polish Constitutional Tribunal and the European Court of Human Rights in Strasbourg, the analysis of which should constitute a starting point for setting directions of further action.
Cybersecurity and Law
|
2020
|
vol. 3
|
issue 1
141-147
EN
The COVID-19 Act stipulates that for the design, construction, redevelopment, renovation, maintenance, and demolition of buildings, including changes to their mode of use, made in connection with counteracting COVID-19, the provisions of the Act of 23 July 2003 on the protection of, and care for, heritage assets are excluded. However, the possibility of carrying out these works on buildings entered in the register of heritage assets without the permission of the province conservator of heritage assets raises serious doubts in practice. At the same time, the adopted wording of the provision does not prejudge which works may benefit from this exemption.
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