The implementation of the Convention for the Protection of the Architectural Heritage of Europe in the Polish legal historic preservation system – selected issues

Abstract

The article concerns the subject of implementation of the provisions of the Convention for the Protection of the Architectural Heritage of Europe in the Polish legal historic preservation system. The ratification of this convention did not result in amendments in the Polish law; it has been assumed that the national law had already fulfilled all requirements specified in this act. Nevertheless, although most of provisions of the convention indeed has analogues in Polish regulations, there are areas in which some loopholes may be identified. Given the above, the article focuses on similarities and differences between regulations of the convention and provisions of Polish legal acts (especially: Act of 23rd July 2003 on the Protection of Monuments and the Guardianship of Monuments), with a particular emphasis on comparison between definition of historic monument and architectural heritage, analysis of regulations concerning preventing protected properties from disfigurement, dilapidation or demolition as well as prohibition of the removal, wholly or partially, of any protected monument.