Władztwo nad drogami wewnętrznymi stanowiącymi własność gminy – imperium czy dominium?
Control over non-public roads owned by communes: Imperium or dominum?

Summary/Abstract: The article addresses the difference in the legal nature of control overnon-public roads (‘internal roads’), depending on whether they belong to publiclaw entities – especially communes – or private law entities. It points out thatdespite the coincidence of the strong administrative law regulation of non-publicroads in general and the special nature of commune property, the commune’scontrol over its non-public roads can essentially be characterised as dominium –albeit with limited freedom to dispose of them. It can be concluded that there isa need to eliminate the artificial dualism of public commune roads and generallyaccessible non-public roads belonging to communes, which could be achievedby distinguishing an additional category of public roads, i.e. ‘ancillary roads’.

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