Code of ethics – review of problems associated with codification of professional practice

Ireneusz Huryk

Abstract

The Principles of the Architect’s Professional Ethics which were adopted on November 24, 2002, during the Extraordinary Conference of the Chamber of Architects proved to be so impermanent that a new Architect’s Code of Professional Ethics, based on the draft of the code prepared by the Architects’ Council of Europe, was adopted already on December 18, 2005. As it turned out later in practice, many of its provisions cause doubts among both the members of the Chamber of Architects commenting it and among judges of the disciplinary courts who should resolve disputes immediately. The necessity to interpret the rules included in the code was the reason for organizing trainings in the National Chamber. A good example of an unclear provision of the code which needed a straightforward interpretation was provision 4.5: Architects shall not claim the intellectual property or use the ideas of other architects, firms or other organizations without their consent. The judges could not resolve the disputes regarding intellectual property on the grounds of professional liability on the basis of copyright law, which at first seemed unavoidable.

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