Protection of Private Property and the Communal Register of Historical Monuments
Synteza:
- Since August 2018, a case on the compatibility of regulations on entry into the municipal register of historical monuments with constitutional and international standards of property protection is pending in the Constitutional Tribunal.
- TTaking such a long time to hear the case does not serve to protect the rights of the individual, because for this reason, administrative courts suspend proceedings regarding the inclusion of property in the municipal register of historical monuments while waiting for the Tribunal's decision.
- The current law regulates the rules of entering property into the register of historic monuments too laconically, does not ensure the openness of the proceedings, and violates property protection standards. Currently, all actions related to the entry may take place without the participation and knowledge of the property owner.
- The legislature should unequivocally classify an entry in the register of historic buildings as an administrative decision and thereby guarantee citizens remedies adequate to limitations on their property rights.
Bureaucratic burden, regulations limiting competition, inflexible labour laws, complicated and time-consuming tax settlements with the tax authorities are the problems for years identified by entrepreneurs as the biggest barriers to business. The COVID-19 pandemic prompted the government to introduce additional restrictions that often have a negative impact on business activity.
We believe that especially in this difficult period entrepreneurs need deregulation that will increase their flexibility in adapting to new economic conditions. Therefore, we are looking for solutions that will help to unlock the potential of entrepreneurs. In order to find regulations that are most harmful to entrepreneurs and show the benefits of deregulation for post-crisis growth, we have launched a portal www.deregulacja.pl.
Contact the author:
Piotr Oliński, FOR Junior Analyst
piotr.olinski@for.org.pl
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