Glosa do wyroku Trybunału Konstytucyjnego z dnia 25 maja 2016 r. (sygn. akt Kp 2/15)

The commentary refers to the judgment of the Constitutional Tribunal of 25 May 2016 (ref. no. Kp 2/15), in which the Tribunal decided that Article 1 para. 6 and Article 1 para. 20 subpara. b of the Act of 10 July 2015, in the scope in which they establish the new form of protecting movable monuments (inscribed on the List of Heritage Treasures) and the institution of expropriation of movable monuments inscribed on the List, are consistent with Article 2, Article 21 para. 2, Article 31 para. 3 and Article 64 paras. 1 and 3 of the Constitution. The commentary contains an attempt at a broad analysis of the problem of expropriation of movable monuments under Polish law. The discussed judgment contributes to the development of the Polish monument protection law and provides arguments in favor of limiting property rights. Since 2003 the institution of expropriation of movable monuments (inscribed on the List of Heritage Treasures) has not been appealed to the Constitutional Tribunal. Hence, the judgment of 25 May 2016 shall be considered a precedent.