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Due to the lack of any possibility of judicial review of the creation of a Natura 2000 area under Polish law, the individual concerned finds oneself in the situation depicted by the ECHR in Andersson, which, in turn, has been noted by the academia and the Polish Ombudsman, to no legislative changes — which mirrors the thesis of the paper. As the law stands, an individual cannot at times pursue any legal remedy, compensation included. The author postulates to amend Article 129 of the Polish Law on the Protection of Environment to enable individuals to claim legal losses incurred because of a Natura 2000 area and to, in any event, allow full judicial review and compensation.
EN
Ownership in a constitutional view Property is a function of an international economic, political and social relations development. It is a crucial aspect of the given economic reign. This article’s goal is to present property in a scope of constitution. The author begins her analysis of the issue with the look at the constitutions of the interwar period, later at the constitution of 1952 and until the current understanding in the constitution of 1997. The presented problem concerns the multiformity of property, of which the ways of recognition (types, forms) were changing in certain periods.
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