ROLE OF THE STATE AND CITIZENS IN HERITAGE CONSERVATION
The need to revise the Act of 23 July 2003 on the Protection of Monuments and the Guardianship of Monuments (Journal of Laws No. 162, item 1568 as amended), or rather the need to develop a completely new regulation in this area, has been postulated for many years by both eminent lawyers, the conservators’ community and policy-makers. The work on the new regulations should be preceded by a discussion about the role of the state and the owner in heritage conservation. This article is to present the case-law of the Polish Constitutional Tribunal and the European Court of Human Rights in Strasbourg, the analysis of which should constitute a starting point for setting directions of further action.