Public-law restriction concerning Polish art market on the background of foreign solutions. Selected remarks de lege lata and de lege ferenda

Abstract

The article concerns selected aspects of art market in Poland in the perspective of public law and possible amendments. Polish solutions have been analysed in the context of other European countries, taking into consideration to what extent they can become source of de lege ferenda postulates. Following topics have been raised: categories of objects that are subject to export authorization, proceedings regarding getting permission to the export, consideration in case of refusal of giving permission, regulation of professional and expert activity on the art market. Apart from provisions in themselves, also the stance of Polish and foreign legal doctrine has been analyzed. The article also attempts to assess, if particular solution could be introduced in Polish realities.