
Perception of the architect as a profession of public trust in Poland 147
The results of the work are presented in the next parts
of the article in which perspectives on the perception of
the architectural profession as a profession of public trust
are described. These include the legal perspective, public
opinion and the architectural community perspective. The
conclusions provide a comparative analysis.
Results
Legal perspective
The concept of the profession of public trust rst emerged
in 1997 in the Constitution of the Republic of Poland. Ar-
ticle 17.1 of the Basic Law stipulates that […] by means
of a statute, self-governments may be created within a pro-
fession in which the public repose condence, and such
self-governments shall concern themselves with the prop-
er practice of such professions in accordance with, and for
the purpose of protecting, the public interest (Konstytucja
1997). This provision is found in Chapter I, concerning the
principal rules of the political system, which testies to the
rank of professional self-governments as one of the institu-
tions of a democratic state of law.
The Constitution uses the term “profession of public
trust”, but does not dene this term; neither do other laws.
With no detailed considerations of the denition of this no-
tion (cf. Legat, Lipińska 2002; Smarż 2012), it has been as-
sumed for the purposes of further considerations, following
Waldemar Wołpiuk, that […] the constitutional legislator,
while establishing regulations in which extra-legal notions
are used intentionally, á priori assumes that their meaning
willbeclariedinthemodeofapplicationoftheConstitu-
tion and in the mode of jurisprudence (Wołpiuk 2002, 132).
Kazimierz Ferenc (2011) noted that the public interest,
that is care for spatial order, has been referred to as an ar-
gument for the establishment of the self-government of ar-
chitects. As Marta Woźniak observed, the notion of public
interest belongs to vague terms and is included in the cate-
gory of vague general clauses (yet, on the grounds of plan-
ning and spatial development law, it has its legal denition
that limits this vagueness). However, the […] permanent
state of tension between the public interest and property
rights [...] is observable (Woź niak 2023, 87)
2
.
In 2001, the Act on the Professional Self-government
of Architects, Civil Engineers and Urban Planners (Usta-
wa o samorządach zawodowych… 2001) came into force.
Thereby, the architectural profession is among the few oc-
cupations with statutorily established professional self-go-
vernment. In general, these self-governments can be classi-
ed into four groups representing the professions:
2
The Act on Spatial Planning and Development in Article 2 denes
the terms: public interest ([…] it should be understood as a general-
ized goal of aspirations and activities, taking into account the objecti-
edneedsofthegeneralpublicorlocalcommunities,relatedtospatial
development); and spatial order ([…] it should be understood as such
shaping of space that creates a harmonious whole and takes into ac-
count all functional, socio-economic, environmental, cultural, as well as
compositional and aesthetic conditions and requirements in orderly rela-
tions) (Ustawa o planowaniu i zagospodarowaniu przestrzennym 2003).
– legal (e.g., advocates, legal advisers, notaries),
– medical and related professions (doctors, veterinary
surgeons, pharmacists, nurses and mid-wives),
– business-related (expert auditors, tax advisers, patent
attorneys),
– technical – architects, construction engineers (cf. Wa-
li górski, Pawłowski 2005).
The statutory conrmation of the status of a profession
of public trust through the establishment of professional
self-government is far from certain and unchangeable. Al-
ready in 2004, the draft of the Act on Professions of Public
Trust and amendments to certain acts thereof did not include
the profession of architect (Taczewski 2024). In 2014, on
the basis of the so-called Deregulation Act, the professional
self-government of urban planners was repealed (Ustawa
o ułatwieniu dostępu… 2014). Furthermore, the Constitu-
tional Court considering the constitutionality of this law
ruled that the profession of urban planner bears no charac-
teristics of a profession of public trust
3
.
In the same judgment, the Constitutional Court approved
the previous case law on how the concept of a profession
of public trust should be understood and; taking into ac-
count the views expressed in the legal doctrine, the Court
assumed that the features of such a profession include:
a) the need to ensure that the profession is properly ex-
ercised in a manner that remains consistent with the public
interest […],
b)theprovisionofbenetsandthefactthatthemembers
of the profession in question come into contact with individ-
ualsintheeventofapotentialoractualthreattospecic
goods (e.g., life, health, freedom, dignity, repute),
c) the diligence and care of the representatives of the pro-
fessions in question for the interests of the individuals who
use their services, concern for the personal needs of such
individuals, as well as ensuring the protection of the sub-
jectiverightsofindividualsguaranteedbytheConstitution,
d)therequirementofspecicqualicationsforexercis-
ing the professions in question; this includes not only the
relevant formal education but also the experience acquired
and the provision of warranties for the proper exercise of
the profession in accordance with the public interest, taking
intoaccountthespecicnormsofprofessionaldeontology,
e) the acquisition of information concerning the per-
sonal and private life of individuals who use the services
provided by members of a profession of public trust; such
information constitutes professional secrecy and may be
exemptedfromthatsecrecyundertheconditionsspecied
in the rules of law […],
f) relative independence in the exercise of the profession
[trans. by the author] (Wyrok Trybunału Konstytucyjnego
2015, 15).
3
Judgment of the Constitutional Court of March 24, 2015. (Ref.
K 19/14): As a result of the activities of urban planners, as a general
rule, the individualized well-being of individuals is not threatened […].
Direct relations or special ties between urban planners and individuals
are lacking. Even if an urban planner […] has access to information
regarding the private lives of individuals, it is not essential for the for-
mation of architectural and spatial order (Wyrok Trybunału Konstytu-
cyjnego 2015).