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The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

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  • Adam Kozień

    (Doctoral School in the Social Sciences, Jagiellonian University in Kraków, 31-007 Kraków, Poland)

Abstract

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Suggested Citation

  • Adam Kozień, 2021. "The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union," Sustainability, MDPI, vol. 13(7), pages 1-17, April.
    • Handle: RePEc:gam:jsusta:v:13:y:2021:i:7:p:3985-:d:529515
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    References listed on IDEAS

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    1. Clio Kenterelidou & Fani Galatsopoulou, 2021. "Sustainable Biocultural Heritage Management and Communication: The Case of Digital Narrative for UNESCO Marine World Heritage of Outstanding Universal Value," Sustainability, MDPI, vol. 13(3), pages 1-32, January.
    2. Michela Magliacani, 2015. "Managing Cultural Heritage: Ecomuseum, Community Governance and Social Accountability," Palgrave Macmillan Books, Palgrave Macmillan, number 978-1-137-48155-9, September.
    3. Carlos J. Pardo Abad, 2020. "Valuation of Industrial Heritage in Terms of Sustainability: Some Cases of Tourist Reference in Spain," Sustainability, MDPI, vol. 12(21), pages 1-23, November.
    4. World Commission on Environment and Development,, 1987. "Our Common Future," OUP Catalogue, Oxford University Press, number 9780192820808.
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