Kilka refleksji na marginesie dotychczasowych prac i dyskusji nad projektami nowej polskiej ustawy o ochronie dóbr kultury

• Authors: Arszyński Marian

Title variants

EN

Several Reflections on the Margin of Heretofore Works and Discussions on Projects for a New Polish Law on the Protection of Cultural Property

• Languages of publication: EN PL

Abstracts

EN

The establishment of a suitable law on the protection of cultural property is a difficult and laborious undertaking. It is not surprising, therefore, that heretofore work on its successive projects and accompanying debates did not end with full success. Nonetheless, their results proved to be of use, since they mobilised the concentration of the conservation milieu, stimulated the activity of the authorities, and, predominantly, made it possible to formulate numerous problems calling for legal regulation. Upon this basis, the author considers a number of motifs which, in his opinion, are of particular importance for further w ork and discussions on the law. Some of his reflections concern the legislation technique alone, e. g. the division of issues requiring legal regulation into those qualified for statuary solutions and those which can be resolved by means of acts of a lower rank. Moreover, the au th o r postulates a combination of the crucial points of the statute with the resolutions of the Constitution of the Republic of Poland. Further themes of the reflections refer to fundamental conceptual and terminological questions, whose definition will exert a decisive impact on the manner in which the law in question is to function. Within this range, the author places in the foreground a conceptual and terminological distinction of two autonomous albeit closely overlapping spheres, chosen from all the ventures serving the preservation of cultural heritage. They include legal-administrative efforts, which can be implemented solely by state bodies upon the basis of rights due exclusively to them, and a sphere of all other activities, whose realisation does n o t call for such privileges, but only for suitable p ro fessional qualifications. Furthermore, the author draws attention to the fact that heretofore studies and discussions ignored a number of essential details. By way of example, they did not introduce an extremely important entry p ro claiming that the protection of cultural heritage is of great significance for public interest. The article ends with a call for the continuation and expansion of w orks and debates on the future shape of the statute.

Keywords

PL

ustawa o ochronie dóbr kultury; społeczna opieka nad zabytkami; konserwator

• Publisher: Narodowy Instytut Dziedzictwa
• Journal: Ochrona Zabytków
• Year: 2000
• Issue: 1
• Pages: 5-11

Dates

published

2000

Contributors

author

Arszyński Marian

Identifiers

ISSN

0029-8247