Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)

Trela, Anna; Grzymisławska-Cybulska, Maria

doi:10.14746/spp.2017.4.20.9

10.14746/spp

2019

DOI: 10.14746/spp.2017.4.20.9

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Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)

Anna Trela

Maria Grzymisławska-Cybulska²

Abstract: Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)

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Special roads act as a legal instrument which improve road investments in Poland

Kozłowska¹

2018

TO - PK

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The development of the national road network, its constant expansion and modernization is the basis for the long-term economic and civilization advancement of the country. Before accession to the European Union in May 2004. Poland had the least developed road infrastructure among all the candidate countries. From 25.05.2003 in polish legal system is in force the Act concerning the preparation and implementation of investment in public roads. The intention of the legislature was to simplify the procedures for the preparation and realization of investments in public roads to enable creation of efficient transport connections via a modern network of highways, expressways and roads of other categories. Special road act is a legal tool by which the national road network can be developed efficiently and in a simplified way.

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Special roads act as a legal instrument which improve road investments in Poland

Kozłowska¹

2018

TO - PK

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Własność i zarząd urządzeniami wodnymi w orzecznictwie sądów administracyjnych

Rotko

2014

Studia Prawnicze / the Legal Studies

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The analysis undertaken in this article covers two issues: the legal status of water facilities and the methods of management of those devices that are owned by the State Treasury. The first one has not been the subject of interest of legal sciences for a long time. The doubts related to it were present in legal debate only through the case law of the administrative courts. The ground-breaking importance is held mainly by the judgment of the Supreme Administrative Court of 16 January 2009. It is the first judgment that settled on the legal status of the water facilities. The Administrative Court in Warsaw opined that the weir on the river was a part of the soil surface covered with fl owing water (river), however the Supreme Administrative Court questioned this view by affirming that such devices were subject to separate ownership and thus formed an exception to the principle of superficies solo cedit. Equally controversial is the governance of the water facilities owned by the State Treasury. The provisions of the Act on Water Law are inconsistent and incoherent. The problems arising in this context remain largely unnoticed in the case law of the administrative courts. The article is summed up by complex de lege ferenda conclusions, designed to remove incoherent and inconsistent provisions of the Water Law.

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Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)

Abstract: Uwagi na tle wyroku Wojewódzkiego Sądu Administracyjnego w Poznaniu z dnia 4 listopada 2016 r. (sygn. IV SA/Po 495/16)

Cited by 2 publications

References 0 publications

Special roads act as a legal instrument which improve road investments in Poland

Special roads act as a legal instrument which improve road investments in Poland

Własność i zarząd urządzeniami wodnymi w orzecznictwie sądów administracyjnych

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