The protection and guardianship of cultural heritage in Poland.pdf (original) (raw)
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2017
Słowa kluczowe: czcionka Calibri kursywa 11 pkt. Summary: The article attempts to analyze the meaning of legal regulations developed in the field of cultural heritage protection in the years 1944-1989. It has been argued that these years were markedly different in terms of law in the sphere of cultural heritage protection than the period between 1918 and 1939 analyzed by the author in another article. The author decided to refer to legal acts and literature in the form of elaborations and magazines in the field of monuments protection. The specificity of the chosen subject and problem required the choice of a scientific method in the form of legal acts analysis, supported by literature review. The presented information shows that the period between 1944 and 1989 was characterized by a different approach of the Polish authorities towards the issue of cultural heritage protection in comparison to the years 1918-1939. The mentioned protection had an instrumental character and was one of the political-ideological tools influencing the society. Furthermore, the growth of legal protection of cultural assets in the age of the PRL took place in the conditions of centralized administration that adopted the idea of social distribution of many such assets, which led to devastation of numerous immovable monuments and sometimes also the antique furnishings. All the introduced legal regulations required a thorough change and redefinition of the legal status after the political-structural transformation of 1989.
2018
This article attempts to analyze the legal regulations developed in the field of cultural heritage protection after 1989, with particular reference to the acquis after 2003. A thesis has been formulated that the period after 1989 was characterized by a clear redefinition of objectives and priorities in the field of cultural heritage protection compared to the period of the People's Republic of Poland. To prove the thesis, the author referred to legal acts and jurisprudence, as well as to literature based on studies and articles from scientific journals on the legal protection of monuments. The research methods used were the legal acts analysis method and the literature analysis method. The presented content shows that the issue of legal protection of cultural heritage in Poland after 1989 was treated as one of the most important aspects of the long-term cultural policy of the state, although the work on the new law lasted for a relatively long time, 14 years after the political and structural transformation. The 2003 Act regulated a number of important issues regarding the protection of monuments and the care for monuments, redefining, and in many aspects setting, new directions in the field of cultural heritage protection in Poland. At the same time the legislator rejected the possibility of continuing the direction in this sphere, which had been chosen in the period between 1944 and 1989.
Cultural heritage management, the Polish experience
2017
This article aims to understand the concept of cultural heritage and to analyze its appropriation by contemporary society through an efficient management, based on the Polish experience. This article presents the definition of cultural heritage. It also discusses the laws, concerning heritage and the cultural heritage management system in Poland. This is a contribution to the general aspect of cultural heritage management. I have highlighted the role of documentation for the identification, protection, interpretation, and preservation of cultural heritage. Referring to digitalization, the information about digitization projects is also examined, such as Kultura+ Program and Arches. To better assess and evaluate the cultural heritage management in Poland, I have presented some of the best practices, such as the Wieliczka protection, Wawel conservation and Warsaw’s Historic Centre reconstruction and demonstrated the role of cultural institutions and organizations for the protection an...
2017
The article attempts to analyse the significance of the legal output in the area of protection of cultural property enacted in the period of development of the Second Polish Republic. The paper advances the thesis that the years 1918-1939 were characterised by the crucial legislative output regarding the protection of cultural property, which guaranteed the possibility of protecting the tangible cultural heritage of the Polish nation in the difficult period of restoring the foundations of its statehood. The defence of the above thesis relies on both the literature and source materials, including mainly the materials stored in the Central Archives of Modern Records (Archiwum Akt Nowych) in Warsaw and archival materials published in Wojskowe Teki Archiwalne. Taking account of the specific nature of the selected topic, the key material comprised legal acts concerning the protection of historic monuments in the period of the Second Polish Republic and the adopted research method was the analysis of such materials. On the basis of the presented information it can be stated that the Second Polish Republic was a period of particular significance for the development of the Polish legal system in the area of protection of cultural assets. In the years 1918-1939, the legal protection of cultural property represented the way of enhancing the cultural security, consisting in the systematic development of legal norms. The development of the cultural property protection law was based on a number of legal acts passed both in the 1920s and in the 1930s. In the Second Polish Republic the cultural property protection law made it possible to combine the social function of safeguarding historic monuments with the public function in the protection of historic monuments, which had a favourable impact on the protection of the national heritage.
2020
The aim of the article is to characterize entry in the register of monuments as a statutory form of administrative and legal protection of monuments in Poland and to identify regional disparities (differences) in the practice of implementation of entry in the register of monuments in provinces, as at the end of June 2018. The thesis was put forward that entry in the register of monuments is an important way of protecting cultural assets in Poland after 2003, while the practice of use of the identified administrative and legal form of monument protection may testify to the particularly rich historical stock of some Polish provinces. Entry in the register of monuments is a necessary administrative and legal measure for protection of monuments in a democratic state that takes care of the development of cultural resources. The condition of culture depends largely on protection of monuments. Monuments in Poland are characterized by significant diversity in terms of geographical distribution and costs of their protection.
Muzeológia a kultúrne dedičstvo, 2020
The issue of national heritage is an inseparable element of the existence of every nation. The article presents the legal regulations aimed at the protection of cultural heritage in Poland, as well as statistical data relating to crime in this area. The solutions adopted by the Polish police in the field of the identifying and combating of crime against cultural property and national heritage are also described. Furthermore, the article highlights the most serious crime against the national heritage that has occurred in Poland in recent years. The subject article was prepared on the basis of the analysis of literature, existing legislation and two interviews with Polish police officers.
Protection of cultural heritage The Case of Krakow 2015
Faces of identity, 2015
The historical city is the most important asset of Krakow. The city centre is not a museum. It is a space full of life and the material heritage, animated and filled with something ephemeral, a special atmosphere conditioned by its genius loci, very important from the perspective of both, managers and users. The author shows the way the city authorities comply with their obligations under the requirements con nected with Krakow's position on the UNESCO World Heritage List, using all the forms of heritage protection, defined in the Act on the Protection and Conservation of Heritage of 23 July 2003. One of these forms is creation of the cultural park in the centre of Krakow, what evoked great interest of other Polish historical cities. Establishing the Cultural Park has significantly contributed to the enhancement of the Old Town's landscape, the historical part of Krakow inscribed on the UNESCO World Heritage List. Krakow gave an example to other historical cities on how to effectively manage the historical space that is still, above all, the heart of the city today, not only its historical centre. The concept of sustainable development of the city with the consideration for the quality of life of citizens, dominates today in thinking about the city. The sustainable development is not realised at the expense of what is authentic, old and antique, but to emphasize and highlight the beauty of what is old, historical, and unique, to see and know more about the history and the past.
K.Wierczyńska, The Polish-German Cultural Heritage Relationship in 1990-2019 – Main Controversies and Areas of Progress, Santander Art and Culture Law Review 4 (2018), pp. 221-250, 2019
This contribution refers comprehensively to the issues surrounding the legal and practical aspects of the Polish-German relationship in the area of cultural heritage between 1990-2019, taking into account the Second World War trauma which still shapes such mutual relations. The main research problems focused on the contexts of Poland's and Germany's policies towards the problems related to cultural heritage. Interestingly, mutual cooperation in many instances takes place regardless of the official political line of a given State and engages non-state institutional subjects on many levels. The point is that Polish-German relations in the area of cultural heritage proceed regardless of the Polish and German official political narratives and claims in the context of the cultural
2022
The aim of the article is to determine and evaluate the effects of the activities of the Voivodeship Office for the Protection of Monuments in Wrocław related to the implementation of tasks in selected areas of protection and care of monuments in the Dolnośląskie Voivodeship in the years 2015-2019. In the study, research methods such as critical analysis of the scientific literature, analysis of legal acts and – to a large extent – analysis of documents are applied. The diversity of the outcomes of the activities of the Voivodeship Office for the Protection of Monuments in Wrocław in the described area was determined. Administrative activities concerned the necessity to enter non-movable monuments into the register of monuments at the request of the owner or the entity in charge of that monument, making new entries in the voivodeship register of monuments or recommending changes in local spatial development plans to local government units. Issuing of permits for conducting archaeological research dominated the issues related to the regulation of other legally permitted activities in relation to monuments. The great activity of the Voivodeship Office for the Protection of Monuments in Wrocław related to issuing conservation recommendations has been demonstrated.
The principles of Cultural Heritage Law based on the Polish Law as an example
Revista de Direito Internacional, 2020
The aim of this paper is to discussed the principles of cultural heritage law. Among the whole set of legal norms, principles of law are of particular importance. The attribute that gives a legal norm the status of a principle is its importance for the legal system. A significant division of legal principles introduces a distinction between the principles formulated directly in the legal text (explicit principles), the principles interpreter from the legal text, although not explicitly expressed in the legal text (implicit principles), and the principles of law not expressed in legislative acts but constituting an element of legal culture (second-degree implicit principles) and being a part of system of law. The cultural heritage protection law is now considered to be a comprehensive branch of law. One of the basic criterion for separating a branch of law is the existence of its proper principles of law, a premise which is satisfied in relation to the catalogue of principles present...