Legal Determinants of Participation of Residents of a Commune in Protection of Historical Monuments and Buildings

Abstract

Protection of historical monuments and buildings is a government’s and local-government’s task. Participation of local government units in its implementation is crucial. At the level of a basic local government unit, protection of historical monuments and buildings is carried out by means of the possibility of establishing a cultural park which is one of the forms of protection of historical monuments and buildings. The legislator determined the process of establishment of a cultural park in detail and vested the activities initiating this process in the commune council. At the same time, it adopted regulations enabling inclusion of stakeholders in the works on establishing a cultural park. This study aims to analyse legal solutions guaranteeing commune residents real participation in the process of establishing a cultural park. On this basis an attempt will be made to answer the question whether applicable regulations, in the investigated scope, encourage members of self-governing communities to get involved in public affairs or whether they refer to the model of a resolution-making procedure in which the legislator unilaterally imposes obligations on and grants powers to entities under the law.