The paper is a contribution to the discussion concerning the issue of re-privatization of museum items. The authors acknowledge the question whether ordering of matters pertaining to the property ownership by means of re-privatizing and restoring the rights to their former owners constitutes a threat to the national heritage to be truly justified: will it not result in depleting Polish museums and libraries of the most precious items and enhance their uncontrolled selling abroad? The paper begins with a discussion of the notions of museum items and re-privatization. Then, the authors present the foundations of the nationalization process of property items of cultural heritage and the projects to date relating to their re-privatizing. They indicate that the degree of threat of their re-privatization depends on the chosen methods of re-privatization. Next, they discuss the problem of exporting of monuments abroad – the existing legal regulations and potential threats, including those relating to Poland’s belonging to the Schengen zone. The paper ends with final conclusions in which the authors state that in view of the fact that Poland’s membership in the European Union and its accession to the Schengen zone considerably impede extending effective control of export of works of art outside the country borders, re-privatization carried out in an improper manner can bring about a serious threat to the national heritage.
The article deals with the problem of administrative-legal regulations behind the protection of cultural goods, and its goal is to analytically present the protection of this type of property in the Polish law. The fundamental legal act that regulates the question of protection of monuments in Poland is the Act on protection of monuments and care of monuments of 23 July 2003 (Journal of Laws, No. 162, item 1568 with subsequent amendments), the text of which (according to the legal state of 5 June 2010) makes the basis for the present synthetic framework of the subject and for characterizing the changes introduced by the amendment of 18 March 2010.
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