Normatywna treść konstytucyjnych przesłanek dopuszczalności wywłaszczenia
The Normative Meaning of Constitutional Conditions of Expropriation
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The fundamental aim of this article is the analysis of the constitutional standards applicable to expropriation being a radical interference in the sphere of ownership and other proprietary rights. The author reconstructs firstly the constitutional definition of expropriation, which – due to the nature of the constitution – must have an autonomous meaning, regardless of other, more detailed statutory regulations governing this issue. Secondly, an attempt is made to interpret two main grounds for expropriation mentioned in Article 21, section 2 of the Constitution of the Republic of Poland. The considerations refer as well to the issue of possible influence of other constitutional provisions on the meaning of expropriation. Most importantly, whether Article 31, section 3, which concerns the restrictions of human and citizen rights and freedoms, should be applied in instances not regulated by Article 21, section 2. These considerations constitute the basis for conclusions, both in terms of legal regulations and practice in applying the expropriation procedure.
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