Auschwitz-Birkenau jako miejsce pamięci i element trudnego dziedzictwa. Studium administracyjnoprawne – część I
Auschwitz-Birkenau as a Site of Memory and an Element of Difficult Heritage: An Administrative-Legal Study — Part I

Summary/Abstract: The article examines the consequences of the instrumentalisation of administrative law, employed as a “tool” to achieve the objectives of power in a totalitarian regime. It also examines the methods and scope of dealing with the remnants of historical events associated with such instrumentalisation, focusing on their preservation, dissemination, and appropriate presentation. The purpose of the study is to analyse the existing legal provisions aimed at protecting the material substrates of specific events and ensuring the lasting commemoration of facts, occurrences, and individuals related to them. The research seeks to determine whether these provisions provide a sufficient legal foundation for fulfilling the functions for which they were enacted. The study also explores the legal meaning of the concepts of difficult heritage and sites of memory, with particular emphasis on their normative context. Additionally, the article discusses the legal status of elements of difficult heritage and memory sites, along with current issues concerning their management. The conclusions drawn from this study are of a universal nature, although the research is limited in scope to the former German Nazi concentration and extermination camp Auschwitz, the Auschwitz-Birkenau State Museum and Memorial established on its grounds. This selection is not incidental: the camp holds a deeply symbolic dimension, serving as an example of the consequences of the instrumental use of law under totalitarian rule, and of legal norms being imbued with axiological anti-values. It concerns a situation in which legally codified lawlessness served as the formal basis for crimes against humanity (the extermination of populations). These sites also constitute elements of difficult heritage that contemporary society continues to confront– heritage that must be protected and properly interpreted to serve as a warning for future generations. To achieve the stated objectives, the study will employ the dogmatic method, involving the analysis and interpretation of legal texts, as well as the historical-legal method, which considers the evolution of legal institutions over time. The analysis will be supplemented with necessary references to the practice of law, particularly in the field of heritage management. The application of research methods made it possible to determine the legal meaning of the terms “site of memory” and “difficult heritage”, as well as to compare difficult heritage with other types of heritage, including cultural heritage and heirless heritage (heritage without heirs). It was found that the analysed legal provisions establish a sufficient basis for carrying out the functions for which they were introduced—both those concerning the protection of such sites and those aimed at shaping specific interpretations of historical facts (the educational function). However, an examination of current practical challenges in the operation of the Auschwitz-Birkenau State Museum revealed that this area is subject to considerable change. The currently binding legal norms do not always guarantee full protection of difficult heritage from inappropriate use or instrumentalization. Therefore, it is essential to continuously adapt the existing legal framework to the changing social and cultural reality and to seek new tools for effective governance. Such efforts will enable the preservation of the most fundamental values associated with protection: historical truth and the memory of the victims. It was also noted that, in certain cases, the role of law becomes secondary. Consequently, the most crucial element is the continuous raising of public awareness, education, and sensitization of society to the historical events connected to sites of memory.

• Details
• Contents