Zakres ochrony prawa własności wynikający z art. 17 ust. 1 Karty praw podstawowych Unii Europejskiej a orzecznictwo polskich sądów administracyjnych
The scope of the protection of property rights resulting from Art. 17 sec. 1 of the Charter of Fundamental Rights of the European Union and the jurisprudence of Polish administrative courts

Summary/Abstract: The right to property is one of the fundamental rights regulated by the European Union. Although the EU legal system doesn’t contain the very definition of ownership, by deleting in Art. 17 sec. 1 of the EU Charter of Fundamental Rights, the limits of interference with this right are defined by a clear and impassable boundary for the national laws of the EU Member States as to the scope of the interference. The Polish law system meets the requirements of Art. 17 sec. 1 of the Charter, guaranteeing the owner both the scope of shaping the right to property right up to the limits of violating its essence, and the possibility of expropriation only for public purposes and for just compensation. Both the restrictive interpretation of the public purpose and the observance of the determination of fair compensation by administrative courts fully fall within the scope of Art. 17 sec. 1 and art. 52 sec. 1 of the Charter. Not always just compensation will be full compensation, which, however, is not contrary to EU law. The role of the Polish Administrative Courts is to comply with the provisions of the Charter of Fundamental Rights in the scope of ensuring that owners have proper protection of their property rights, and to assess whether domestic legislation is not inconsistent with the provisions of this Charter. If is it found that a specific statutory provision violates the content of, for example, art. 17 sec. 1 of the Charter, administrative courts should apply the provisions of the Charter of Fundamental Rights, relying on the principle of primacy of primary EU law.

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