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The impact of administrative court rulings on the protection of town and country planning in local planning

article

<oai:doaj.org/article:22615e9c5dc742d58ab7d8f0e79c0c48>
Disciplines
KeywordsTriple Keywords
Judiciary
Courts
Courts--Law and legislation
Communication, Primitive
Mass communication
Communication
Property--Law and legislation
Property
Context (Linguistics)
Situation (Linguistics)
Grammar, Comparative and general--Context
Concentration (Psychology)
Flow (Psychology)
Attention

Abstract

The purpose of the article is to determine the impact of administrative court case-law on planning practice in the area of spatial planning. This impact has been verified from the perspective of two key practical systems (by courts, local authorities, participants in the space game) of the legal information systems: Lex and Legalis. It is the case-law in these systems that forms the basis for the assessments and arguments expressed in subsequent cases. Two key provisions have been chosen from the point of view of the protection of spatial governance and the scope of property rights in the land-use system: point (1) of Article 2 and Article 6. The results show that the systems examined are dominated by rulings from the above-mentioned neutral perspective. However, it is very strong to represent judgments that allow building capacity to be extended. In this context, it seems essential to represent decisions which define spatial order more precisely, as well as clearly indicating the primacy of spatial planning over the right to property. Despite the lack of clear legal bases, administrative courts should pay particular attention to this direction.

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