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Admissibility of the constitutional control of local spatial development plans by administrative courts

Authors :
Bartosz Majchrzak
Source :
Nieruchomości@, Vol III, Iss III, Pp 22-34 (2020)
Publication Year :
2020
Publisher :
MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND), 2020.

Abstract

This article refers to one of the criteria for controlling the local spatial development plan, which is its compliance with the Polish Constitution. In this regard, in particular, there were identified doubts regarding the answer to the question whether the above mentioned criterion may be applied by administrative courts. There are sensible reasons of thesis that controlling of constitutionality of law in Poland is exercised exclusively by the Constitutional Tribunal. On this background, an attempt was made to formulate additional arguments supporting the statement according to which, however, administrative courts have the competence to verify local plans in terms of their compliance with the Constitution.

Details

Language :
English, Polish
ISSN :
26578247 and 27198030
Volume :
III
Issue :
III
Database :
Directory of Open Access Journals
Journal :
Nieruchomości@
Publication Type :
Academic Journal
Accession number :
edsdoj.5c3068e5f30a481b95df11638a57635e
Document Type :
article
Full Text :
https://doi.org/10.5604/01.3001.0014.3518