Konieczne zmiany ustawy o ochronie przyrody po wyroku Trybunału Konstytucyjnego o sygn. akt SK 6/12
Necessary Changes to the Nature Protection Act after the Constitutional Tribunal’s Judgment in the Case SK 6/12
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The article touches upon the legal provisions of the Nature Protection Act which serve to protect the green areas. They introduce certain limitations upon the right of ownership, in particular the prohibit to remove trees without the prior permission of administrative organs. The provisions defining the sanctions for breaching the aforementioned prohibition were recently declared unconstitutional by the Constitutional Tribunal (judgment ref. no. SK 6/12). To execute the judgment properly, the Parliament must amend the legislation concerning the whole system of legal regulations on the protection of green areas. Furthermore, the article deals with the question of temporary application of unconstitutional provisions by courts and administrative organs in the case when the Constitutional Tribunal decides to delay, for 18 months, the day of the aforementioned judgment’s entry into force.
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