The answers of the protection of ancient buildings to the latest challenges Cover Image

A műemlékvédelem válaszai az új kihívásokra
The answers of the protection of ancient buildings to the latest challenges

Author(s): Annamária Eszter Szabó
Subject(s): Museology & Heritage Studies, Administrative Law
Published by: UNIVERSITAS - Győr Nonprofit Kft.
Keywords: protection of ancient buildings; non-derogation principle; the right to healthy environment; right to participate in cultural life

Summary/Abstract: The current registered ancient monuments are owned by the private sector on one hand, on the other hand the state owns a part of these treasures. In case of those ancient buildings which are owned by the private sector, the state acts as law maker and at the same time acts as executive body. When the state owns an ancient building, besides its handling another question is arising: how can the state (or it is a must) utilize these buildings in an economic way. It would mean that the state (as an owner) move from the basis of preservation and the target can also be to make use of the ancient buildings at the same time develop them. This paper puts the attention to those process with which the protection of ancient buildings must face in the last decade. It is worth to examine not legal (i.e. economic or other social) affects concerning the protection of cultural heritage. The aim of this paper to point them out and then shows the legal answers for them. The examine puts the focus on constitutional answers (through the latest decision of the Hungarian Constitutional Court), also examines the legal (administrative) procedure concerning the registration of ancient buildings, with special regard to the right to seek legal remedy

  • Issue Year: 2/2022
  • Issue No: 1
  • Page Range: 158-170
  • Page Count: 13
  • Language: Hungarian