Ocena zgodności z Konstytucją przepisów ustawy o inwestycjach w zakresie elektrowni wiatrowych
Assessment of conformity to the Constitution of provisions of the Act on Investment in the Field of Wind Farms

Summary/Abstract: The provisions reviewed by the Constitutional Tribunal concern the location of wind farms in Poland. The applications of a group of Deputies contained concerns regarding, inter alia, the distance between wind turbines and residential buildings, as well as the impact of these facilities on natural environment. According to opinion, the location of the power plant only on the basis of a spatial development plan does conform to the Constitution. Before the act came into force, the construction of a wind farm could also take place in an area uncovered by the spatial development plan. On the other hand, provisions regarding cancellation of initiated or unfinished proceedings regarding a decision on development conditions relating conform to the Constitution.

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