Luki prawne w aktach prawnych dotyczących kultury

Abstract

Loopholes in Polish legislation concerning culture Every legal system has got loopholes. We can distinguish a few different types of loopholes, like extra legem loophole (a legislative act does not describe the actual state) or intra legem loophole (a legislative act contains imprecise formulations, which results in a not very specific regulation). The Polish legislative system is not an exception. An extra legem loophole can be noticed in the museums act, which lacks information concerning open-air ethnographic museums, ways of protecting and securing them. The deficiency of a given act can be perceived as a form of a loophole and the example of cultural centers illustrates perfectly how the absence of a separate act makes their functioning more difficult. Lacks of definition in acts may result in serious losses. Intangible cultural goods can be set as an example of how they slowly disappear from Polish tradition and culture. It does happen that a legislator leaves some “missing parts” in a legislative system deliberately. This can be noticed especially in new fields of law. The purpose of such an action is to observe by the legislator how new issues appear with the new branches of law. The Polish legislative system gradually blends in with the European Union directives, which results in reducing the number of loopholes. We need to remember, though, that excessive elaboration in this matter is unwanted.