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1

Światowe tendencje w podejściu do ochrony dziedzictwa kulturowego zagrożonego katastrofami

100%

Barański M.

Ochrona Zabytków

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2000

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issue 4

355-359

EN

The devastation of cultural goods owing to natural calamities is increasingly frequently perceived as a challenge which must be faced by contemporary society. The last decades comprise a period of appreciating the view that only the concentrated efforts of numerous organisations and services will, via interdisciplinary undertakings, oppose the enormity of problems and the scale of the damage caused by a catastrophe. It has been understood that the foundation of further activity should consist of information, education and the practical training of suitable services and milieus involved in a widely comprehended sphere of the protection of cultural goods. Additional support should be provided by international cooperation and assistance realised on various levels of management and reaction. The creation, upon the basis of existing international associations, of the Blue Shield organisation could set into motion a centre for practical reaction in reference to historical monuments, resembling the international Red Cross organisation, active today.

2

Głos w sprawie państwowej służby ochrony zabytków

100%

Dobosz P.

Ochrona Zabytków

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1997

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issue 1

56-60

EN

The article discusses legal-organizational problems connected with the reform of the state administration, conducted in 1996. The reform changed the legal status of the voivodeship conservators of historical monuments who ceased being on-the-spot agencies of special state administration and became professional employees of the voivodes, thus losing their public-legal subjectivity Against this background, the author presents reflections about the new legal situation of Polish civil servants-conservators. He carries out a comparison of legal-organizational solutions, i.a. within the context of fears about the autonomous nature of conservation solutions which could become dominated by the superiority of other arguments, and affect adversely the state of historical monuments. The protection of the immobile monument ascribed great importance not only to the latter’s technical state but also to the preservation of non-material values, connected with that monument, including its pragmatic purpose, i.e. its functions.The author considers classifications of the function of the immobile monument: original (extant, nonextant, restored following the stage of a secondary function) and secondary, architectonic and extra-architectonic (e.g. tourist)), those whose replacement by other functions is undesirable, and those which can be supplanted by others, primary and supplementary, without any harm to the monuments. In accordance with one of such divisions, the author classifies monuments as: those with a single function and several, parallel functions occurring during the same period. The legal protection of the function of the historical monument is described upon the basis of the binding regulations of laws about the protection of cultural property as well as about the construction law and pertinent executive regulations. The author conducts a critical appraisal from the point of view of the imprecise nature of institutional solutions introduced into the protection of the function of immobile monuments. By citing examples of historical functions, the author discusses in detail the historical outfitting of pharmacies in Krakow, threatened by the change of functions and liquidation. The article ends with a description concerning Krakow, and select examples of administrative and legal-administrative solutions as regards the problem in question.

3

Zakaz wywozu dóbr kultury i jego praktyczne konsekwencje

86%

Zeidler K.

Ochrona Zabytków

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2002

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issue 3-4

410-412

EN

Among assorted legal institutions foreseen in the statute of 15 February 1962 on the protection of cultural property an extremely prominent role is played by a prohibition relating to the export of cultural goods. This is by no means a new regulation, since it had been enforced already upon the basis of a decree from 1946 on the registration and prohibition of the export of works of art and objects of artistic, historical or cultural value. The protected cultural property encompasses portable or stationary objects, old or contemporary, and of significance for cultural heritage and development owing to their historical, scientific or artistic value. The prohibition was established by the legislator primarily owing to the immense devastation of Polish cultural legacy during the second world war. Doubts concerning the retention of the prohibition in its present-day form are voiced mainly in view of the regulation of this problem by the law of the European Communities. On the other hand, it remains indubitable that owing to obligatory international agreements prohibition of this sort must pertain to cultural goods obtained by means of crime (theft, fencing). This issue is regulated by two international conventions: the convention signed on in Paris on 17 November 1970, and dealing with measures intent on banning and preventing the illegal export, import and transference of the ownership of cultural goods, and the convention on co-operation and mutual assistance in intercepting and returning cultural property illegally transported across state frontiers, signed in Plovdiv on 22 April 1986. The legal situation of the import of cultural property is different, since such transportation is supported by the legislator. At present, the Parliament of the Republic of Poland is examining two competing projects of statutes (on the protection of national legacy and on the protection of historical monuments), both regulating the titular subject.

4

Rzeźba i architektura parkowa amerykańskich pól bitewnych : historia, stan obecny i problemy konserwacji

86%

Zwiech T.

Ochrona Zabytków

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1994

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issue 2

197-201

EN

The preservation history of American Civil War battlefields (1861-1865) is, in the sense of preservation philosophy, a phenomenon without precedent. It would be hard to find preservation examples of cultural or natural properties, which have had an equally complicated origin, motivation, history and elevated level of social involvement. The process started very early, sometimes right after the battle was finished. Preservation of the battlefields usually found its beginning in the need to bury dead soldiers and in the case of many battlefields the nucleus of their preservation was a cemetery (Fort Donelson, Shiloh, Antietam, Fredericksburg, Gettysburg, Manassas, Stones River). Following the burial of soldiers, examples of organized tourism occurred such as a refreshment stand set up by a Virginia veteran beside Fort Stedman in Petersburg in 1865, or a battlefield guidebook outlining a 20-mile horseback tour published in 1866, also in Petersburg. The next stage was usually the creation of numerous associations comprised of Civil War veterans and members of local communities in order to commemorate particular battles. These commemorations typically occurred in the form of marking places of more important events on previously purchased land. The associations were often formed during war reunions, as was the case in Pea Ridge and Chickamauga & Chattanooga. The appearance of the battlefields at that time, which were very well preserved in most cases, is astonishingly similar to the arrangements used in English landscape gardens of the early part of the 18th century. In both cases there are extensive open areas, inward and outward views focused on sculptures and structures of antique character, carefully laid out and screened with naturalistic groves and woods. Large ponds and rivers, very frequent in English landscape gardens but rather uncommon on battlefields, make the most important difference. However, true analogies between those two kinds of spatial arrangement lies much deeper than in a level of park layout. First of all, there are the same Anglo-Saxon cultural roots of both societies. Esthetic rules of park design established on the British Isles at the turn of 17th and 18th century arrived in America with the colonials long before the Declaration of Independence, not to mention the Civil War. Favourable natural conditions helped implement these esthetic rules and eventually have them recognized as a firm element of American tradition. In August 1933, the Government Reorganization Act was implemented and most historic parks and monuments administred by various federal agencies were turned over to the National Park Service. With the new administration there were new preservation methods, among them the reconstruction of the battlefields’ historic image. Although post-war, the monuments, statues and markers went through that historic landscape restoration unscathed, probably thanks to the famous American pragmatism which once again managed to fight absurdity of purism. By saving monuments, statues and markers a respect was shown to their builders whose feelings were imprinted on their works. That respect could be called a preservation of the social and ideological aspects of the battlefield landscape. The example of American battlefields preservation deserves some attention by Polish landscape architects and historic preservationists at least for two reasons. First, there is the need to work out a program of preservation for Polish cultural landscapes in relation to the ammendment to the law on historic preservation issued in July 1990. A document: „Rules of the Preservation of Cultural Landscapes”, being currently produced in the Center for the Preservation of Historic Landscapes, could serve such purposes. The other reason are increased interests in the preservation of historic battlefields, still growing in the world and in Poland.

5

Gdański Ośrodek Ochrony Dóbr Kultury - geneza koncepcji, założenia programowe

86%

Domańska H., Kruszelnicki Z., Wolska E., Wolski J., Zeidler M.

Ochrona Zabytków

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1978

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issue 3

161-167

EN

A guideline for activities in the field of the protection and schaping of cultural life in Gdańsk voivodship was provided by the resolution o f the plenary session o f the Voivodship Committee of the P.Z.P.R. (the Polish United Workers’ Party). The session was held in 1972 and it concerned the main trends for the development of culture in Gdańsk voivodship until the year o f 1980. When executing a work program adopted at the session there arose a conception to set up the Gdańsk Centre for the Protection of Cultural Values as a conservation body o f scientific and research nature. The idea was brought into life in June 1975 on the foundations of the Office for the Research and Documentation o f Historic Monuments in Gdańsk voivodship, in existence since 1970. The newly-opened Centre found its seat in a historic Turret of Anchorers’ (Baszta Kotwiczników). In future the seat will be moved to the granary of „Mały and Duży Groddeck” at Chmielna street. As the guidelines for its work the Gdańsk Centre for the Protection o f Cultural Values has adopted two programs. The program minimum assumes a full recording of monuments in Gdańsk voivodship. A starting point for this program was a very long experience and output o f the people and organizations involved in the problem. The program maximum envisaged the expansion of the earlier program with research and experimental studies aimed at an overall elaboration of historic monuments conceived, in the broad sense, as „cultural values”. According to the definition adopted temporarily by the research team o f the Centre, a cultural value is a set of objects that have a definite value, function, date o f the origin, style and that are the product o f human wilful activities in a creative process. The cultural value is an integral part of both universal culture and of the culture of a specific community and proves its development at a given historical stage. The „value” conceived in that sense is a testimony to the history o f the nation and has a great cognitive value for present generations. Being a genuine reflection o f the social existence, its civilisation and ideology, the cultural value is a factor affecting, i.a., the awareness o f a contemporary man, for whom the knowledge of manifestations o f culture in the past helps to get to know and to comprehend the present age. The notion of „cultural value” is inseparably linked with two other concepts, namely „cultural heritage” (i.e. cultural legacy of the bygone society) and „cultural environment”. The latter concept denotes groups o f people producing cultural values and also places in which the value is created and with which it is inseparably connected. And it is that second aspect o f the problem, conceived in the broadest sense, that makes the focus o f interests and research works carried out by the Gdańsk Centre for the Protection of Cultural Values. Hence, the term „cultural environment” covered landscape including all natural and man-made elements. The following sections have already been set up for the full execution of the adopted programs: the Team of the Monuments Research and Documentation Workshop, the Team o f the Conservation Workshop for Works o f Art, Documentation Department, Servicing Workshops, Independent Post for Building and Investment, Independent Post for Defence and Protection of Historic Monuments as well as Finance and Administration and Economic Department. The departments group experts in different fields, to mention only architects, art and architecture historians, engineers. They also maintain a close contact with research workers and cultural organizations in the Baltic Coast and in the country.

6

Prawne aspekty ochrony funkcji zabytków nieruchomych

86%

Dobosz P.

Ochrona Zabytków

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1997

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issue 1

1-11

EN

The protection o f the immobile monument ascribed great importance not only to the latter’s technical state but also to the preservation o f non-material values, connected with that monument, including its pragmatic purpose, i.e. its functions. The author consideres classifications o f the function o f the immobile monument: original (extant, nonextant, restored following the stage o f a secondary function) and secondary, architectonic and extra-architectonic (e. g. tourist), those whose replacement by other functions is undesirable, and those which can be supplanted by others, primary and supplementary, without any harm to the monuments. In accordance with one o f such divisions, the author classifies monuments as: those with a single function and several, parallel functions occurring during the same period. The legal protection o f the function o f the historical monument is described upon the basis o f the binding regulations of laws about the protection o f cultural property as well as about the construction law and pertinent executive regulations. The author conducts a critical appraisal from the point of view o f the imprecise nature o f institutional solutions introduced into the protection o f the function of immobile monuments. By citing examples o f historical functions, the author discusses in detail the historical outfitting o f pharmacies in Krakow, threatened by the change o f functions and liquidation. The article ends with a description concerning Krakow, and select examples o f administrative and legal-administrative solutions as regards the problem in question.

7

Ocena stanu ochrony dóbr kultury - program działań do 2000 r.

86%

Ochrona Zabytków

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1989

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issue 1

3-12

EN

The aim of this report is to analyze the situation in the protection of cultural property. Despite undisputable achievements their condition is not satisfactory and efforts made are not fully effective. The programme for changes has to take into consideration the analysis of resources, the evaluation of the functioning of the system of protection and proposed changes. The resources cover movable and immovable cultural property of high value. Their basic part covers objects making former historic structures of towns and rural areas as well as movable monuments owned by social institutions and private people (museums were 'the subject of a separate article published in "Muzealnictwo” no 32). The size and condition of resources of monuments is illustrated in the records carried out by conservation services. Contrary to the census of building and architecture from the end of the fifties that covered only ca 36 thousand chosen objects, the census done in 1977 covered also buildings from the 2nd half of the 19th century and the 1st half of the 20th century. It has shown that Poland has still 300 thousand monuments of architecture and building. 30% of them are wooden buildings. Initial analyses show that 60% of the resources are lived-in buildings, 15% — farm and industrial buildings, 15% is represented by sacral buildings and 8 % — buildings of public utility (including courts, palaces etc.). Out of this number 70,000 objects were documentated and one should consider the state of their documentation as advanced, except for monuments of engineering that have not as yet been fully recognized. The complete recording covered town-planning arrangements (1,357 towns). From 1977 systematic recording covered archaeological sites numbering by now 136 thousand posts on 3500 territories out of 8000 Into which Poland has been divided. The register of parks, gardens and cemeteries shows that Poland has 10,000 greenery establishments and 20,000 cemeteries. It is estimated that recording work will be completed by 1990. It is impossible to estimate resources of movable monuments outside museums. So far the registering has covered 250 thousand objects accounting for 60% of resources belonging mainly to denominational and state organizations. All recording works provide material for synthetic renderings, which should determine values of the cultural landscape of the country. Initial work on the synthesis of the country has been undertaken but it must be preceded with synthesis of historic provinces. Their realization will make it possible to delineate zones of protected cultural landscape or even reserves under strict protection. It is expected to intensify recording works, improve housing conditions of the Centre of Monuments Documentation in Warsaw and to introduce computer techniques into registering. The state of cultural property has been evaluated as totally unsatisfactory. Decapitalization of housing resources in historic towns, reinvestment of some regions and unfavourable effects of industry upon natural and cultural environment are its main symptoms. The causes lie in the effects of economic crisis: not enough buildings are repaired, there is a shortage of materials and skilled personnel. Attainments noted in works on the rehabilitation of towns, examples of repair of historic objects are too limited to change this negative assessment of the situation. There also appear subjective reasons, to mention in the first place maladjustment of an organizational system of the protection of monuments when compared to the scale of the existing problems. It is mainly manifested now in restricting the protection to the tasks of cultural policy of the state pursued by the minister of culture and art. Meanwhile, historic resources are exploited by a number of state, cooperative and private users, whose activity in the protection is limited. The change of hitherto concept calls for the integration of these trends of activities: town development policy, environment protection and the protection of cultural heritage as well as including of problems of the protection into all-country and regional socio-economic plans. To achieve this aim it is necessary to have new legal regulations of various laws, and in the first place to restructure radically the law "On the Protection of Cultural Property and on Museums". At present protection of cultural property its supervised by the minister of culture and art. An inter-ministerial organization has, so far, been the Board for Museums and Monuments Protection directed by General Monuments’ Conservator (at present department) performing its task through the Centre for Monuments’ Documentation in Warsaw (recording and documentation), the Board for the Protection of Palaces and Garden Complexes (parks, gardens, cemeteries) the Team of Experts of Inter-Branch Commission for the Rehabilitation of Towns and the Centre for the Protection of Museums' Objects. At a voivodship level the protection body is the Voivodship Conservator of Monuments, whose rank as a result of administrative reforms has dropped down. These organizations are supported in their activities by Offices of Monuments’ Documentation. Altogether conservation service employed 600 basic workers. At present it is postulated to bring to life the Committee of the Council of Ministers that would coordinate works of various branches, determine policy of the minister of culture and art and strengthen the position of voivodship monumens conservators. It is also planned to draft a new law and to determine policy of protection wih regard to microregions ( 1 2 ) corresponding to historic provinces. For a few years the protection of monuments has been financed by the Central Fund for Cultural Development. Still, it does not fulfill the needs estimated at ca 8 billion zl above present expenses. Also subsidies for expenses borne by users are by 1 billion zl lower than the needs. In 1986 the financing covered work on 835 objects, while 400 were subsidized. In 1988 14 billion zl was allocated for the protection of monuments. It is suggested that taxes for those who finance work on monuments should be reduced and subsidies from other souces should be increased. The main executor of repair work on monuments are state-owned ateliers for the conservation of monuments (referred to as PP PKZ), a body of the minister of culture and art. Just recently new organizations, joint stock companies, craftsmen, Poionian and cooperative fundations have come to existence, although their participation has as yet been rather insignificant In the last few years repair work on monuments was carried out on ca 1500 structures. One can notice an ever smaller number of professionals as well as a disquieting increase in costs. The training of conservators has been evaluated positively. It is necessary to open new conservation companies and to increase the efficiency of the work of PP PKZ. It is planned to bring to life in 1990 an international centre of conservators' training in Cracow. The threats endangering old-town complexes represent a separate and particular problem of the protection of monuments in Poland. It is estimated that 1.2 million flats in old buildings have to be urgently repaired. Still, there are no materials and labour force available. So far, central laws on a complex rehabilitation of Sandomierz, Zamość, Cracow and Płock have been undertaken. To specify the most important tasks an expertise has been made under the supervision of Professor J. Kułakowski. It postulates changes to be introduced into 1 0 laws, i.e. to evoke economic interest of owners and users in the reconstruction of monuments. The execution of those plans is linked closely with the process of economic reforms in Poland.

8

"Ojczyzna Dzieła Sztuki, Międzynarodowa ochrona integralności narodowej spuścizny kulturalnej", Halina Nieć, Warszawa-Kraków 1980 : [recenzja]

86%

Wróblewski W.

Ochrona Zabytków

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1984

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issue 1

72-73

9

Międzynarodowy Komitet „Błękitna Tarcza” w systemie ochrony dóbr kultury

86%

Iwaszkiewicz J.

Świat Idei i Polityki

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2017

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issue 16

276-300

PL

Artykuł jest analizą funkcjonowania Międzynarodowego Komitetu Błękitnej Tarczy w systemie ochrony dóbr kultury w warunkach wojny i klęsk żywiołowych, na tle międzynarodowego systemu ochrony dóbr kultury. Autorka dokonała analizy problemu poprzez pryzmat międzynarodowego stanu prawnego ochrony dóbr kultury oraz praktycznych działań Międzynarodowego Komitetu Błękitnej Tarczy na świecie i w Polsce. Ochrona dóbr kultury w warunkach zagrożeń wojennych i klęsk żywiołowych jest ważnym elementem polityki kulturalnej państwa oraz działań wspólnoty międzynarodowej realizowanym na podstawie prawa międzynarodowego. Mimo ponad stuletniego doskonalenia prawa ochrony dziedzictwa kultury w dalszym ciągu dochodzi do licznych zniszczeń obiektów kultury. Nieskuteczność ochrony realizowanej przez państwa spowodowała włączenie się w proces ochrony międzynarodowych organizacji pozarządowych. Jedną z nich jest Międzynarodowy Komitet Błękitnej Tarczy, który skupia komitety krajowe działające na rzecz przygotowania ochrony dóbr kultury w okresie konfliktów i klęsk żywiołowych. Działania organizacji pozarządowych stwarzają szersze możliwości ochrony dóbr kultury w warunkach różnorodnych zagrożeń.

EN

The aim of the article is to present the functioning of the International Committee on the Blue Shield in the system of protection of cultural property in the conditions of war and natural disasters. The author has analyzed the problem through the prism of the international legal status of protection of cultural goods and the practical activities of the International Committee of the Blue Shield in the world and in Poland. The protection of cultural property in the context of military threats and natural disasters is an important element of the state’s cultural policy and of the international community’s activities carried out under international law. In spite of over one hundred years of improvement of the law of cultural heritage protection, numerous cultural objects have been destroyed. The ineffectiveness of state protection has contributed to the protection of international NGOs. One of them is the International Board of the Blue Shield, which brings together national committees dedicated to the preparation of the protection of cultural property during conflicts and natural disasters. Non-governmental organizations provide greater opportunities for the protection of cultural goods in a variety of threats.

10

Czy ustawa o ochronie dóbr kultury i o muzeach dojrzała do nowelizacji : artykuł dyskusyjny

86%

Sieroszewski W.

Ochrona Zabytków

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1971

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issue 3

163-172

EN

Analysing the Act of February 15, 1962 covering the problems of cultural property protection and museums in view of experiences gathered during nine years elapsed from the date of its coming into force the author expresses an opinion that, considering the problem from a general viewpoint, though it has satisfactorily wiithstood the test of practical application and considerably contributed to stabilization and to making the protection of cultural property in this country more efficient some of its detailed provisions, no doubt, require corrections and amendments. Remarks made by the author to particular articles of the Act in question are listed below. Above all the article 4 seems to him to be inconsistent and even conflicting with some others elsewhere in the text (e.g. articles 18 and 4*1). He also advances c ritical opinions as to the definition of „an evident historical monument” considering it as being not precise enough and thus causing misunderstandings and controversial interpretations. Furthermore, commenting the article 6 concerning the „monuments of history”, the author suggests the abolition of their compulsory inscription in the International Register of Cultural Property under Special Care in accordance with provisions of the Hague Convention of 1954 since the stipulations accompanying this particular provision practically make it impossible ,at all to declare a monument as „a monument of history”. The author also suggests the need to define more precisely in the Act itself or in regulations issued on its basis by the Minister of Culture and Art the responsibilities of historical monument conservators at the district and town levels (article 8) and, in addition, to include to th e Act provisions with respect to voivodship offices of historical monument documentation which, although already put into being, have not up to now been provided with ,an unquestionably legal basis for the ir activities (proposed article 8 a). It also seems to the author to be necessary to call a new advisory body assisting the Minister of Culture and Art able to replace the freshly abolished Council of Culture and Art (article 10). To protect the sites of archaeological interest the author proposes to include them provisionally to the Register of Historical Monuments. On completion of excavations and examination of cultural s tra ta and with the relics found transferred to a respective museum such a reg istration should automatically be cancelled (article 1/6). Other proposals regard the augmenting the au th o rities of conservators to enable them to make examinations of alleged cultural property at any place it can be found which th e procedure has been made difficult according to existing provisions requiring from conservator to agree previously this examination with the owner of cu ltu ral property (article 18). At the isame time, however, th e author declares himself for confining the number of cases and reducing the time of temporary requisition of cultural property endangered by destruction, damage or illicit exportation. This temporary requisition could, for instance, last three years and a fte r th a t period the cultural property should be alienated or returned to its owner or user (article 37). With regard to collections (article 55 and the next ones) the author proposes to reserve to the Minister of Culture and Art the right tp define precisely what requirements should be fulfilled by a collection th a t it could be considered as one in accordance with provisions of the Act, and also how it can be augmented and managed by the owner. In addition to 'the above, the author puts forward a number of proposals aimed a t harmonizing the Act’s provisions with Other acts published a fte r its coming into force and particularly with an uniform te x t of th e Building Repair and Reconstruction Act in its version from il968 (article 32), the Code of Civil Laws from 1964: (article 24) and the Code of Criminal Laws from 1969 (articles 73—> 79) and also at enabling to adapt to provisions of the Convention of 1969 referring to measures that should be undertaken to prevent the illicite imports, exports and tran sfe rs of cultural property (new articles 76 a, b, and c).

11

Opieka i ochrona dziedzictwa kulturowego na ziemiach Polski

86%

LIPSKA D.

Ochrona Zabytków

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2017

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issue Dodatek Specjalny. Dziedzictwo w Polsce.

41-54

EN

From the earliest times, caring for heritage took the form of cultivating memory and cherishing the past through the preservation of its remains. Safeguarding the memory of the glory of the past, of people and of places served the purpose of building and shaping community identities. The way the remains of the past were taken care of depended on the history of the respective community and on the nature of its heritage, specifically on the values and principles of said community. Thus, caring for and, in time, also protecting heritage started to reflect social and sometimes political processes. The earliest unambiguously examples of how memory of the past was cherished in Poland are connected with religious practice, in particular the Catholic faith. From the Middle Ages, reverence and care were shown for both churches and the religious images which adorned them, as well as the tombstones placed in churches to commemorate individuals that a given community considered meritorious. They were preserved by successive generations for many centuries. There are many examples where mostly medieval religious representations were intentionally placed as decoration in churches built in subsequent periods. That great attention was paid to preserving both items such as religious representations, furnishings and utensils, as well as buildings such as churches and monasteries, is proven, in turn, by the detailed instructions which were issued in Poland in the early 17th century. The documents created as a result of the reform of the Catholic Church (after the Council of Trent) were mainly concerned with the way care should be exercised over churches and their furnishings. The values such relics of the past started to be identified with over time were not only religious in nature. This is illustrated, for example, by the Gothic form of the storey which was added to the medieval building of the Old Town Hall in Toruń (17th century), which can be interpreted not only as an intentional aesthetic gesture, but one having a symbolic nature, intended to stress the significance and medieval origins of the seat of the City Council. Another phenomenon which underlies the present- day protection of heritage in Poland was the founding of collections of art and unique objects. A major early example was the collection of tapestries bequeathed to the Polish–Lithuanian Commonwealth (1571) “pro publico bono” by the last king of the Jagiellonian dynasty, Zygmunt August. In turn, the collection of antiques owned by Stanisław Kostka Potocki and exhibited in the Wilanów Palace since 1805 is considered to be the first such collection which was made available to a wider public. As elsewhere in Europe, the most prominent changes in the perception of tangible heritage in Poland, which had lost its independence for 123 years in 1795, occurred in the 19th century. The emergence of historic revivals, drawing on the experience of earlier styles, combined with the effects of accelerated civilisational development during the industrial revolution, led to a clear change in the attitude of Poles to their past treasures, thus fostering their commitment to protecting them. In the years prior to the reestablishment of Polish statehood in 1918, efforts were made to raise people’s awareness of their national identity by securing the physical reminders of their nation’s past, which was seen as crucial for preserving the memory of a motherland which had ceased to exist in administrative terms. Works of architecture and fine art, along with everyday items associated with persons and events important to Poland, were treated as memorabilia and evidence of the past, which testified to a glorious history of the state, nation and society. Such items formed the core of a collection of Princess Isabella Czartoryska, stored with great reverence in specially built garden pavilions in her Puławy residence: the Temple of the Sibyl (1798-1801), which bore the profound motto: “A Gift from the Past to the Future”, and the so-called Gothic House (1809), where the Princess created a “stone anthology” of mementos from Poland, Lithuania and Ruthenia, consisting of carefully selected artefacts (escutcheons, fragments of royal tombs, cannonballs from battlefields, architectural details of medieval castles, prehistoric finds, etc.). Putting emerging conservation principles into practice in partitioned Poland depended on constraints imposed by individual partitioning powers (Austria, Russia and Prussia). The Polish population living under Russian and Prussian rule was subjected to systematic Russification and Germanisation, and faced serious restrictions on a day-to-day basis. As a consequence, efforts that were taken in the 19th century to protect national heritage were predominantly private in nature. The greatest freedom was afforded to the inhabitants of Galicia (under Austrian rule), with its two major cities – Kraków and Lviv. This freedom was crucial for the emergence of a local community of conservators. The campaign to prevent the demolition of Florian’s Gate and the Barbican in Kraków (1816) was one of the first signs of conscious public commitment to the protection of architectural heritage. Such successful initiative brought local newspapers, authorities and residents together. Numerous activities undertaken to protect historic architecture in Galicia, especially in Kraków, largely reflected the predominant trends in European monument conservation. Often, they were “restorations” which verged on new, artistic architectural creation, as proposed by Eugène Viollet-le-Duc. This is exemplified by the restoration of Collegium Maius in the years 1839-1858, during which the complex of university buildings (14th-16th centuries) was given a uniform “Gothic” character. Its spatial layout and the appearance of the façade were changed, using, for example, architectural details taken from a variety of medieval buildings in Kraków. In time, restoration towards ensuring a unity of style gave way, in the second half of the 19th century, to gradual acceptance of the accumulation of historical layers, including the aesthetic qualities of early modern styles. This is exemplified by the reconstruction of the medieval Cloth Hall in Kraków in 1875-1879, during which some of the Renaissance additions – the loggia and the attic – were preserved. The second half of the 19th century saw heated public debate about a number of concepts guiding the restoration of Wawel Hill in Kraków to its former splendour. The centuries-old seat of Polish kings was widely considered by Poles as one of their most cherished national symbols, even though it had been reduced to the status of Habsburg army barracks at the time. After much political campaigning, the conservators, who considered it unacceptable to “aim towards some unification of the style or modernising the castle” finally managed to start their work on the Wawel Hill in the early 20th century, as they reinstated the Renaissance character of the courtyard and replaced the roofs. Extensive restoration work, with considerable financial support from the public purse, continued throughout the interwar period and included archaeological surveys and interior design. An important milestone occurred in 1856, when Kraków established the office of the Inspector of Monuments of Western Galicia. This was integrated with the Austro-Hungarian monument protection system, which developed in the second half of the 19th century, in line with the postulates of Max Dvořák and Alois Riegel. In time, the Conservators’ Society was set up (1888). This was a collegial advisory body reporting to the Central Commission for the Preservation of National Heritage Sites in Vienna. The growing availability of public transport, and the resultant growth of tourism, also stimulated public interest in relics of the past, which was slowly ceasing to be the exclusive domain of wealthy patrons and scholars. In 1906, the Society for the Preservation of Historical Monuments was founded in Warsaw, bringing together enthusiasts and professionals. It has operated ever since and it is now known as the Society for the Preservation of Monuments (TOnZ). The activities of its members, focused mainly on documenting monuments, included efforts towards establishing the rules for their protection. In 1909, the Society organised the first conference of conservators in Warsaw, which was attended by representatives of all three sectors of Polish territory under foreign rule. The principles of policy-based protection of monuments were defined during the event drawing on previous experience. It was agreed that actions targeting monuments must be limited to “simple repair and replacement of damaged parts with new ones, insofar as it is necessary for preserving the monument as a whole.” It was also assumed that during restoration work materials and techniques characteristic of the monument should be used, and that any necessary additions should not necessarily be designed in correspondence with its style. The above rules formed the core of the Decree of the Regency Council “On the protection of monuments of art and culture,” which was proclaimed in autumn 1918, when Poland regained its independence. It was one of the first documents of the newly created Second Polish Republic. The definition of a monument protected by law included urban architectural ensembles, wooden architecture, gardens and parks, but also “folk household items and folk craft products.” Attention was also drawn to the surroundings of monuments and the associated vistas. Further legal solutions governing the protection of monuments were introduced in 1928 (“Decree of the President of the Republic of Poland on the guardianship of monuments”). These included replacing the inventory of monuments with the current Register of Monuments and a listing in the Register remains the basic form of monument protection in Poland. In the years 1918-1939, Poland focused its heritage protection efforts on building a monument conservation system and on conservation and museum services, which were being formed with the active participation of the members of the above-mentioned Conservators’ Society and Society for the Preservation… In 1928, the still-existing office of the General Inspector of Monuments was established to oversee the work of district inspectors. Apart from undertaking the restoration work needed to recover from wartime damage, the inspectors focused on taking stock of the surviving resources. In addition to adopting a general timeframe (from the 10th century until Romanticism), they followed the rule that final decisions would be taken on a case-by-case basis, looking at the value of a given property. The Central Monument Surveying Office was then set up, drawing on the experience and achievements of 19th century surveyors, as well as that of Society for the Preservation… Also the academic community, notably the Faculty of Architecture of the Warsaw University of Technology, committed themselves to documenting historic buildings and structures. Upon the initiative of the latter, the houses of Warsaw’s Old Town and selected types of wooden architecture, including synagogues, were inventoried. In the interwar period, legally protected but often declining historic town complexes began to attract researchers’ attention, hitherto focused on monuments of architecture. In an effort to improve their physical condition and restore their attractiveness, comprehensive repair and renovation works were carried out on several towns, including the Old Town Market Place in Warsaw. The earliest large-scale archaeological excavations were also conducted in the interwar period, including the most important, cross-disciplinary investigations of the fortified wooden settlement of the Lusatian culture on the Lake Biskupin peninsula, which were started in 1934 and attracted much attention in Poland and abroad. The comprehensive use of various types of research in the natural sciences and the humanities was a milestone in developing scientific research methods in Polish archaeology. The inventory surveys and various types of research on historic buildings in the interwar period produced documentary material which proved priceless shortly after World War II, when Poles were faced with the task of rebuilding their country, devastated by Nazis who had unscrupulously followed the principle that to destroy a nation you have to destroy its culture. Devastating losses resulted both from military operations and deliberate demolition and torching. Most movable properties had been appropriated and moved out of Poland, but a large proportion were also destroyed. It is still very difficult to estimate the losses accurately. The destruction of Polish cities and their historic districts is estimated to have exceeded 50 per cent, with some cities, such as Warsaw or Gdańsk, having lost over 80 per cent of their historic architecture as classified according to pre-war principles. Estimating the loss of moveable objects from public and private collections, including those belonging to religious communities, is even more difficult. According to estimates, more than 516,000 items from key Polish collections were lost. Today, it is generally estimated that Poland could even have lost up to 70 per cent of its tangible cultural heritage during World War II. Thanks to public commitment, damage to historic objects, such as the furnishings and architectural details of the destroyed Royal Castle in Warsaw, was documented and monitored, and the objects themselves were secured to be later used during post-war rebuilding operations. During the war, an underground system of higher education functioned in Poland, comprising also disciplines as architecture, art history and archaeology. Thanks to all this, as soon as the war was over, restorers were able to start working to help the country rise from the ruins and secure the surviving heritage. As early as July 1945, the first post-war General Inspector of Monuments, Professor Jan Zachwatowicz, formulated a general policy with respect to architectural monuments. Being aware of the material, but above all, the spiritual needs of a society which had lost its cultural heritage on an unprecedented scale, he declared the following: “unable to accept the fact that our cultural monuments have been wrested away from us, we will keep rebuilding them from the foundations, so that we can pass on to future generations an accurate – even if not authentic – form of those monuments, living in our memory and available in tangible form.” In this way, he justified the need to reconstruct buildings in a manner preserving their historic form and the diversity of their styles to reflect the various architectural trends prevailing in Poland until the mid-19th century. In parallel, the principles for securing and restoring the key architectural monuments which survived WWII were formulated. In 1945 alone, despite a significant shortage of skilled workers and materials, some 400 historic buildings were secured and renovated in more than 200 cities and towns, with another 600 buildings restored the following year. As regards to the conservation of movable properties, in particular paintings, the principle of limited intervention was adhered to, as before the war. Reconstruction was allowed only with respect to historic architecture and sculpture. The post-war system for the protection of monuments was highly centralised. As early as February 1945, the Chief Directorate of Museums and Monuments Protection was established, which was responsible for managing both museums and the monuments protection service, which reported to the General Inspector of Monuments. The Chief Directorate included departments responsible for inspection by conservators, restitution, archaeological sites, parks, folk art, landscape, etc. Great importance was attached to the creation of a scientific base by establishing, among others, the State Institute of Art History and Monuments Surveying (currently the Institute of Art of the Polish Academy of Sciences). The conservation and restoration studios, which were initially part of the Chief Directorate, were transformed into the State Enterprise Ateliers for the Conservation of Cultural Property (PP PKZ) in 1950, with studios set up across the country. Thanks to its structure, which comprised of a number of specialised teams, the Institution was able to carry out specialist, interdisciplinary, and comprehensive conservation and restoration in areas such as architecture, arts and crafts, decorative arts, sculpture, painting and graphic art, etc. The full documentation of an item was compiled within a single organisational structure. The Ateliers conducted historical, archaeological and ethnographic research, diagnosed the various structural, biological and chemical problems, prepared architectural designs, and carried out construction and restoration works. The rich experience gained in this way in the fields of research and conservation was also widely used by Polish conservators and archaeologists during their work in foreign countries, including present-day: Algeria, Belarus, Cambodia, Cuba, Cyprus, Egypt, France, Germany, Italy, Macedonia, Mongolia, Russia, Slovakia, Sudan, Syria, and Vietnam. It should be noted here that Professor Kazimierz Michałowski’s commitment to the saving of the monuments of the civilization of the Lower Nile, including the Abu Simbel temples. It was one of the earliest international initiatives to protect cultural heritage under the auspices of UNESCO (1960s). These are not the only examples of the involvement of Polish specialists in international efforts. They also actively contributed to creating international organisations and policy documents. The symbol of the Blue Shield, sketched by Professor Jan Zachwatowicz at an international conference on the protection of cultural properties in the context of armed conflict in the Hague, is a commonly recognised sign of Poland’s commitment to the Hague Convention (Poland ratified it in 1956). Polish conservators took an active part in the sessions of the Second International Congress of Architects and Technicians of Historic Monuments, including the creation of the Venice Charter (1964). The resolution on the establishment of the International Council on Monuments and Sites (ICOMOS), which was adopted at that time, was put into effect at the Constitutional Congress in Warsaw and the General Assembly in Kraków (1965). Poland showed further international commitment by ratifying the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (ratified in 1974), as well as the World Heritage Convention (ratified in 1976). Our country was selected in the first World Heritage Committee elections for a two-year term (1976-1978). It was represented by Professor Krzysztof Pawłowski. Poland was also one of the five founding states of ICCROM, and Professor Stanislaw Lorenz was the first chairman of its Scientific Board. In the years 1988-1992, the honourable function of the Director-General of ICCROM, was held by Professor Andrzej Tomaszewski, for many years also involved in the ICOMOS’ international agenda. It must also be remembered that the Polish National Committee of ICOM has existed and operated in an uninterrupted way since 1949. Poland has been involved in the Memory of the World Programme since the 1990s, and since 2011, it has applied the Convention for the Safeguarding of Intangible Cultural Heritage. Interwar legislation on the protection of monuments in Poland was in force until the adoption of the Act on the Protection of Cultural Properties and on Museums (1962), which covered an extremely wide range of cultural goods: archaeological and paleontological sites, buildings, urban complexes, parks and gardens, works of visual art, ethnographic artefacts, industrial and technical heritage, collections, archives and libraries, battlefields and important historical sites, as well as rare species of wildlife, living or dead, provided they do not fall within the scope of the provisions of the Act on the Conservation of Nature. In parallel, the Monuments Documentation Centre was set up (1962). In response to the growing need for expertise in the protection of cultural heritage, the following institutions were also established: the Centre for the Protection of Museum Objects (1988 – currently the National Institute for Museums and Public Collections), the Board for the Protection and Conservation of Palaces and Gardens (1977), and the Centre for Archaeological Rescue Excavations (1995). Three of the above institutions were eventually merged into a central cultural institution with branches in each Polish administrative region. In 2011, the institution was renamed the National Heritage Board of Poland. The 1962 Act on the protection of cultural properties and on museums was replaced by the currently applicable legal acts: the Act on the Protection and Guardianship of Monuments (2003), the Act on Museums (1996), the Act on the National Archival Resource and State Archives (1983) and the Act on Libraries (1997). Under currently applicable Polish legislation, items or sites which are considered to be monuments on account of their artistic, historic and/ or scientific value are legally protected by: being entered in the Register of Monuments; being included in the Heritage Treasure List; being granted the status of a Monument of History; the creation of a cultural park; being protected in local spatial development plans. The centuries-old traditions and commitment to the protection of the legacy of past epochs, is reflected in Article 5 of the Polish Constitution of 1997: “The Republic of Poland shall safeguard the independence and integrity of its territory and ensure the freedoms and rights of persons and citizens, the security of its citizens, safeguard the national heritage and shall ensure the protection of the natural environment pursuant to the principles of sustainable development”.

12

Zjawisko „makdonaldyzacji” kultury w orzecznictwie Trybunału Sprawiedliwości Unii Europejskiej

81%

Kosińska A. M., Beer M.

Roczniki Kulturoznawcze

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2020

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vol. 11

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issue 2

155-170

EN

The article analyzes the case-law of the Court of Justice of the EU regarding widely understood pop-culture icons. The cases concerning such goods have been present before the cjeu for few years and pertain to products like Coca-Cola, LEGO and Rubic’s cube. The article aims to answer the question if the pop-culture, despite of its ephemerality, can be efficiently protected. The presented case-law has been analyzed in the light of the European Union law in the context of the omnipresent mass culture.

PL

Artykuł analizuje orzecznictwo Trybunału Sprawiedliwości Unii Europejskiej dotyczące szeroko rozumianych ikon popkultury. Takie sprawy pojawiają się od kilku lat na wokandzie TSUE i dotyczą m.in. takich produktów, jak Coca-Cola, LEGO czy kostka Rubika. Artykuł stawia sobie za cel odpowiedź na pytanie, czy popkultura ze względu na swoją efemeryczność zasługuje na ochronę prawną i czy owa ochrona jest realna. Prezentowane orzeczenia są analizowane w świetle prawa Unii Europejskiej na szerokim tle wszechobecnej kultury masowej.

13

Jan Prószyński, "Dziedzictwo kultury Polski : jego straty i ochrona prawna", t. 1 i 2, Kraków 2001 : [recenzja]

72%

Dobosz P.

Ochrona Zabytków

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2002

|

issue 1

104-107

14

Ochrona dóbr kultury w niemiędzynarodowych konfliktach zbrojnych

72%

Rutkowska P.

Świat Idei i Polityki

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2018

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issue 17

137-157

PL

Autorka wskazuje w artykule, że współcześnie mamy do czynienia z konfliktami zbrojnymi nieposiadającymi charakteru międzynarodowego. Jako przykład podaje konflikt w Syrii i Iraku, podczas którego były i nadal są zagrożone dobra kultury stanowiące komponent dziedzictwa kulturowego wszystkich narodów. Wychodząc od definicji niemiędzynarodowego konfliktu zbrojnego, autorka dostrzega, że tylko nieznaczna część aktów międzynarodowego prawa humanitarnego zapewnia ochronę dóbr kultury w sytuacji zaistnienia konfliktu wewnętrznego. Za dobry krok w kierunku uzupełnienia tej luki prawnej uznaje włączenie przez społeczność międzynarodową zasad poszanowania dóbr kultury w zakres prawa zwyczajowego. Ponadto zauważa, że zasada odpowiedzialności jednostki za naruszenie międzynarodowego prawa humanitarnego może w przyszłości służyć skutecznemu egzekwowaniu ochrony dóbr kultury w konfliktach zbrojnych.

EN

In her article, the author points out that contemporary armed conflicts are often of a non-international nature. She provides the example of the ongoing conflict in Syria and Iraq as one in which cultural property of universal importance has been at risk of destruction. Based on the definition of non-international armed conflict, she notes that only a limited number of treaties belonging to the field of international humanitarian law include provisions aimed at protecting cultural property during an armed conflict. She praises the inclusion of rules concerning the safeguarding of cultural property to the general body of international customary law. She also notes that the introduction of the concept of individual responsibility for violations of international humanitarian law may pave the way for a more efficient exercise of rules concerning the safeguarding of cultural property in armed conflicts.

15

58%

Leszczuk E.

Bezpieczeństwo Obronność Socjologia

|

2016

|

issue 6

18-29

PL

Celem artykułu jest przybliżenie kwestii ochrony dóbr kultury jako jednego z podstawowych problemów bezpieczeństwa kulturowego oraz przedstawienie podejmowanych działań w tym zakresie. Praca rozpoczyna się od rozważania wstępnego, w którym zostaje wyjaśnione zainteresowanie wymienionym obszarem w kontekście konfliktów zbrojnych. Następnie autorka, opierając się na przepisach międzynarodowego prawa humanitarnego, a zwłaszcza Konwencji Haskiej, wymienia główne założenia prawne, a także wskazuje na działania Ministerstwa Obrony Narodowej oraz praktyczne ćwiczenia wojskowe w zakresie ochrony dóbr kultury. W artykule omówiono również kwestię współpracy cywilno-wojskowej w tym obszarze.

EN

The aim of the text is to present issues protection of cultural heritage as one the fundamental problems of cultural security and to present actions taken in this field. The construction of this study was preceded by a preliminary contemplating in which as a result of military conflict, interest mentioned in this area has begun. Then, author list the main assumptions law, based on the provisions of international humanitarian law in particular the Hague Convention. The continuation this problem is to point the activities the Ministry of National Defence and practical military exercises in the protection of cultural heritage. In the article is also a analyzed the issue of civil-military cooperation in this area. At the end of the text author summarizing the reflections on the main issues.

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