The principle of proportionality and the restrictions on advertising under communal landscape acts Cover Image

Zasada proporcjonalności a ograniczenia reklamy w uchwałach krajobrazowych
The principle of proportionality and the restrictions on advertising under communal landscape acts

Author(s): Andrzej Nałęcz
Subject(s): Civil Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: proportionality; Communal Landscape Act; advertising billboards and devices; on-premise advertising

Summary/Abstract: The article analyzes the importance of the constitutional principle of proportionality in the assessment of the legality of the restrictions on outdoor advertising introduced under the Communal Landscape Acts. Issues described include the values, the protection of which is the aim of Communal Landscape Acts, as well as the values at risk from the legislated norms (property rights, economic freedom). The admissibility of various restrictions on advertising billboards and devices (including on-premise advertising) has been analyzed. The need to respect the interests of enterprises has been noted.

  • Issue Year: 2019
  • Issue No: 25 (1)
  • Page Range: 89-104
  • Page Count: 16
  • Language: Polish