Glosa do wyroku Trybunału Konstytucyjnego z dnia 25 maja 2016 roku (sygn. akt Kp 2/15, OTK ZU nr A/2016, poz. 23)
Commentary to the judgment of the Constitutional Tribunal of May 25, 2016 (Ref. No. Kp 2/15, OTK ZU no. A/2016, item 23)

Summary/Abstract: This text comments on the judgment of the Polish Constitutional Tribunal of May 2, 2016 (Ref. No. Kp 2/15, OTK ZU no. A/2016, item 23), which is related to the rules for registering movable monuments on The List of Cultural Heritage Treasures. This is a new form of cultural heritage protection, which was controversial from the beginning due to its considerable interference with property rights. These doubts resulted in the analysis made by Polish Constitutional Tribunal, which found that there was no violation of the constitutional rules concerning appropriate legislation, property law, and grounds for expropriation. In principle this judgment is cited with approval in the commentary, although some inaccuracies (e.g. in the argumentation connected with using general clauses) are noted. The judgment is shown in the wider context with reference to other rulings and opinions presented by researchers.

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