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Ochrona dziedzictwa narodowego jako przesłanka ograniczenia swobód rynku wewnętrznego UE

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Serzhanova V., Plis J.

Studia Europejskie-Studies in European Affairs

2017

issue 4

141-161

It goes without saying that protection of the national heritage is a significant objective and task of modern states and all the international community, for it constitutes the nations’ identity and is a universal value which cannot be overestimated. In the integrated Europe it can become a premise restricting the freedom of goods flow in the European Union internal market because of its special signifi cance and value. The hereby paper aims at analysing the problems of restricting the freedom of merchandise in relation to the cultural goods and national treasures both on the level of the EU law and based on the judicature of the Court of Justice of the EU, as well as in the plane of the limits introduced by the national law following from the idea of special protection of the state’s interest and the constitutional values on the example of Poland. The subject of the paper in particular comprises some reflections concerning the definition of the concept of cultural goods, presenting the EU approach to the problems of the cultural heritage preserving, the analysis of the EU primary and secondary law normalizing the matter under the discussion, as well as the judicature of the CJEU. Moreover, it concentrates on the analysis of the provisions of the Constitution of the Republic of Poland of 1997 and the legislature, as well as the judgements of the Constitutional Tribunal in this scope.

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1 Studia Europejskie-Studies in European Affairs

1 Plis J.

1 Serzhanova V.

1 2017

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Ochrona dziedzictwa narodowego jako przesłanka ograniczenia swobód rynku wewnętrznego UE