PL EN


2014 | 3(43) | 205–225
Article title

Projekt stanowiska Sejmu w sprawie o sygn. akt P 6/13

Content
Title variants
EN
Sejm draft position on the case ref. no. P 6/13
Languages of publication
PL
Abstracts
EN
In assessing the constitutionality of the contested Article 215, para. 2 of the Real Estate Management Act, it was stated that it is important to ascertain whether the differentiation of former owners, based on the criterion of deprivation of physical possession of the plot after 5 April 1958, was justified, and therefore whether it has such essential nature that justifies different treatment of similar entities. Pointing to the special status of the right to compensation, as stressed in the jurisprudence of the Constitutional Tribunal, the author claims, however, that claiming the right to compensation cannot be limited by an incidental and historical time criterion, which is the date of entry into force of the Act of 1958, even if the economic reasons argue for that approach. Given the above, it was found that Article 215 para. 2 of the Act, to the extent of the above interpretation, is inconsistent with the provisions of the Constitution.
Year
Issue
Pages
205–225
Physical description
Contributors
  • Doktor hab. nauk prawnych, Uniwersytet Jagielloński, ekspert ds. legislacji BAS;
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-f207ab08-ed7a-4cdf-be9e-8d5044770653
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