The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.
The Supreme Audit Office carried out the audit of the implementation by selected local self-government units of the tasks related to shaping public landscape and space, especially in culture parks. In accordance with the current regulations, public space can be protected in several different ways. The instruments available here include providing spatial management plans, landscape laws and commercial charges, establishment of culture parks, protection of road areas and conservation supervision. In the opinion of the Supreme Audit Office the activities undertaken in the audited cities have had an impact on public space quality improvement. Still, the level of this impact varies. The most effective activities were undertaken in Kraków and Wrocław, while the least effective – in Radom and in Zakopane – with regard to the culture park of Kotlina Zakopiańska.
The article, while discussing the importance of archaeological research conducted for several years within the Early Iron Age fortified settlement in Chotyniec, focuses on the need to make decisions considering the further protection of this unique site. Furthermore, it draws up the program of establishing the Chotyniec Culture Park as a place of protection, research and popularization of knowledge about prehistory. The idea of public archaeology fits in a broader regional context with the need to protect the local cultural landscape.
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