Ochrona prawna Pomników Zagłady w świetle wyroku Trybunału Konstytucyjnego z dnia 18 września 2014 roku (K 44/12) oraz Prawa o zgromadzeniach z dnia 24 lipca 2015 roku
The Project titled “Protection of Monuments of the Holocaust in the Polish legal system” realised in “Diamond Grant” program

Summary/Abstract: The problem addressed in this article is that of special protection for the sites of former Nazi extermination camps (Holocaust Memorials). The author focuses on one aspect of this special protection, consisting in regulating the special rules of assembly in the area of these sites and their protection zones. The study identifies the essence of the protection of Holocaust Memorials by introducing specific rules for assembly. The text analyzes the Constitutional Court’s judgment of 18 September 2014 (K 44/12) and the Law of 24 July 2015 on Assemblies. Although the analysed judgment did not refer to the legal regulation of the protection of Holocaust Memorials, the law proceeding in its wake made changes affecting the special rules for assembly in the area of Holocaust Memorials and their protection zones. The considerations set out in the study have led the author to the conclusion that in relation to the judgment of the Constitutional Court and the new Law of 24 July 2015, assembly in the area of Holocaust Memorials or their protection zones is more restrictive than the general regulation on assembly in the former legislation. That observation leads the author to reflect on the possible unconstitutionality of the regulations of the Act on the Protection of Former Nazi Death Camps, consisting in the improper balance of constitutional values: the protection of national heritage, providing access to cultural goods and their use and the freedom of assembly.

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