Kilka uwag do wyroku Naczelnego Sądu Administracyjnego z dnia 20 grudnia 2022 r., sygn. III OSK 1634/21
A few comments on the judgment of the Supreme Administrative Court of 20 December 2022, file ref. act III OSK 1634/21

Summary/Abstract: This article attempts to show the reasoning expressed by administrative courts in their assessments of settled disputes over noise emitted by church bells, installations and sound amplification equipment. Such disputes occur both between parishes and environmental inspectorate authorities, which order noise emissions to be reduced, and between parishes and individuals complaining about the noise. A case was chosen as reflecting the essence of the problem, which is a manifestation of a wider phenomenon. After all, in a dispute of this kind between church and state, it is a matter of protecting the common good, such as compliance with environmental regulations, without infringing on freedom of conscience and religion, which are freedoms and fundamental rights of a personal nature. Addressed in the judgment of the Supreme Administrative Court of 20 December 2022, ref. III OSK 1634/21, the issue of noise caused by church bells has not lost its topicality and has even become extremely present in social and public life. Presenting the essence of the problem and referring to the judicature allows the author to prove the important role of the administrative courts, which guarantee the observance of the law by bodies and entities performing public tasks for the protection of the law. The article also points out the important function for public perception of the uniformity of jurisprudence, which undoubtedly fosters the creation of a consistent practice in the application of provisions raising interpretative doubts.

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