Article
English, Polish
ID: <
oai:doaj.org/article:22615e9c5dc742d58ab7d8f0e79c0c48>
·
DOI: <
10.33119/KSzPP/2021.2.3>
Abstract
The purpose of the article is to determine the impact of the case-law of the administrative courts on planning practice in the protection of spatial planning. This impact has been verified from the perspective of two key practically applied systems (by courts, local authorities, participants in the space game) of legal information systems: Lex and Legalis. It is the case-law in those systems that underpins the assessments made in subsequent cases and the formulation of arguments. Two key provisions were selected for the protection of spatial planning and the scope of property rights in the spatial management system: point (1) of Article 2 and Article 6. The results show that the systems examined dominate decisions from this perspective. However, the representation of decisions making it possible to expand the building capacity is very strong. In this context, it seems crucial to represent judgments in a more precise way defining spatial order as well as expressing the primacy of spatial planning over the right to property. Despite the lack of a clear legal basis, administrative courts should pay particular attention to this direction.