Constitutional regulation of the institution of expropriation in Poland – constitutional conditions of admissibility of expropriation Cover Image

Konstytucyjna regulacja instytucji wywłaszczenia w Polsce – konstytucyjne warunki dopuszczalności wywłaszczenia
Constitutional regulation of the institution of expropriation in Poland – constitutional conditions of admissibility of expropriation

Author(s): Grzegorz Kościelniak
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: wywłaszczenie; konstytucyjne pojęcie wywłaszczenia; ograniczenie prawa własności na cele publiczne; konstytutywne elementy instytucji wywłaszczenia; expropriation; constitutional concept of expropriat

Summary/Abstract: The purpose of this paper is to present the problem of regulation of the institution of expropriation in the Constitution of the Republic of Poland of 2 April 1997. This institution has long been known to both administrative and civil law. On the other hand, the object of interest of constitutionalists is essentially from its introduction to the provisions of the Basic Law. Due to the complexity of the paper, it has been divided into three parts. In its first part the author analyzed the process of constitutionalization of this institution in the Polish legal system, and made a selective analysis of the constitutional regulations of the institution of expropriation in some contemporary states, mainly European and in the USA. In the second part of the paper an attempt was made to define the constitutional notion of expropriation. At the same time, the assumption that the definition of a given legal concept should describe the constitutive elements of the institution defined by this concept made it possible to characterise expropriation itself. This third and final part of the paper will focus on the analysis of the constitutional conditions of admissibility of the institution of expropriation. It will also contain conclusions summarizing and concluding the whole research conducted.

  • Issue Year: 32/2023
  • Issue No: 1
  • Page Range: 211-237
  • Page Count: 27
  • Language: Polish