Problemy konstytucyjne diagnozowane na kanwie ustawy o ochronie zabytków i opiece nad zabytkami – uwagi w świetle spraw zawisłych przed Trybunałem Konstytucyjnym
Constitutional Problems Diagnosed on the Basis of the Act on Protection and Care of Historical Monuments – Comments in the Light of Cases Pending before the Constitutional Tribunal

Summary/Abstract: The constitutional review of the provisions of the Act on Protection of and Care of Historical Monuments has so far been initiated eleven times, with the use of various procedures and with different results, because so far only three matters have been substantially resolved. The subject of this study is an analysis of constitutional problems diagnosed in pleadings instituting proceedings before the constitutional court. The analysis of the research material leads to the conclusion that the repeated accusation of unconstitutionality is a disproportionate interference with property rights and reveals deficits in the procedural justice mechanism of property protection. As can be seen from the Tribunal’s statements, it does not give priority to any of the values involved in the actual conflict when considering requirements for the protection of national heritage contrasted with the expectations of effective protection of the right to property, but rather seeks a solution based on the principle of proportionality.

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