Critical Gloss to the judgment of the Supreme Administrative Court of 19 July 2023 (II OSK 500/23) by dr hab. Krzysztof Koźmiński

dr hab. Krzysztof Koźmiński
12.03.2024

The latest issue of the journal ‘Samorząd Terytorialny’ (No. 1-2/2024) published a critical gloss to the judgment of the Supreme Administrative Court of 19 July 2023 (II OSK 500/23) by dr hab. Krzysztof Koźmiński – Managing Partner of Jabłoński Koźmiński & Partners Law Firm.

In the article entitled “Determining the location of a residential development on land that was used in the past as a railway, military, production or postal service area, and currently these functions are not performed on this land”, the author of the gloss:

  • reports on the facts of the case and the arguments presented by the Supreme Administrative Court,
  • presents the nature of the provision of Article 5 para. 4 of the housing specustaw as a so-called special provision (lex specialis), or even a “doubly exceptional” regulation against the background of other regulations in force relating to spatial development (leges generales),
  • proves the necessity of particularly restrictive interpretation and narrow application of this statutory regulation.

For many years, Jabłoński Koźmiński & Partners Law Firm has provided legal assistance in the broadly understood construction law and investment process in all civil-legal and administrative-legal aspects of the investment process and real estate trade.


Details: https://jklaw.pl/obszar-praktyki/nieruchomosci-prawo-budowlane/

We encourage you to read!

Author

dr hab. Krzysztof Koźmiński
Attorney-at-law, Managing partner+48 602 359 329krzysztof.kozminski@jklaw.pl

See other posts