Glosa do uchwały składu siedmiu sędziów Naczelnego Sądu Administracyjnego z dnia 12. maja 2011 r., nr 2, poz. 17
Commentary on the resolution of the seven judges of the Supreme Administrative Court of 12 May 2011, No. 2, pos. 17
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The Supreme Administrative Court in the ruling of the 12th of May 2011 resolved the problem related to the status of the homeowner in the administrative procedure concerning the act of registration or deregistration. The Court ruled that the homeowner is entitled to act as a party in such proceeding and his legal interest derives from that provisions of the Civil Code and the Constitution Act, which set forth the ownership rights and their protection. The author of the gloss agrees with the thesis, however subjects to doubt the justification in such part in which it refers to the protection of ownership stipulated in the Civil Code. Ephasizes that the claims brought on the basis of the Civil Code seem to be inadequate in such situation. Moreover, the author presents further arguments regarding the constitutional principle of property ownership protection.
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