Ochrona miejsc pamięci i trudnego dziedzictwa na przykładzie Auschwitz-Birkenau. Studium administracyjnoprawne – część II
Protection of Sites of Memory and Difficult Heritage: The Case of Auschwitz-Birkenau. An Administrative Law Study – Part II

Summary/Abstract: The article addresses the consequences of the instrumentalization of administrative law, used as a “tool” for achieving 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 instrumentalization, focusing on their preservation, dissemination, and appropriate presentation. The purpose of the study is to analyze 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, and the Auschwitz-Birkenau State Museum and Memorial established on its grounds. This selection is not incidental: the camp has a deeply symbolic dimension, serving as an example of the consequences of using law instrumentally under totalitarian rule, and of legal norms being infused with axiological anti-values. It concerns a situation in which legally codified lawlessness was made the formal basis for crimes against humanity (the extermination of populations). These sites also constitute elements of difficult heritage that contemporary society continues to con-front—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 analyzed legal provisions provide 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 aware-ness, education, and sensitization of society to the historical events connected to sites of memory.

• Details
• Contents