Postulaty de lege ferenda w zakresie środowiskowych aspektów legalizacji przedsięwzięć budowlanych
De lege ferenda postulates regarding the environmental aspects of the legalization of unauthorized constructions

Summary/Abstract: The issue of legalization of unauthorized constructions in connection with the environmental impact assessment has become relevant in the context of the harmonization of Member States’ regulations and the creation of European environmental impact assessment system. The purpose of the article is to present current legal issues in this area, relevant European law and the Court of Justice’s preliminary rulings in two cases regarding Italy tried in 2017 and 2018 respectively. In those rulings the Court found it possible to legalize unauthorized constructions which could present thread to the environment and adopted some guidelines in this respect. De lege ferenda postulates regarding the legalization of unauthorized constructions were elaborated. The authors emphasized the need to introduce pertinent legal solutions, pointing out that national administrative provisions and administrative procedure should be taken into account.

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