Commentary to the Resolution of the Supreme Administrative Court of 30 November 2020, Ref. No. II OPS 1/20 Cover Image

Glosa do Uchwały Naczelnego Sądu Administracyjnego z dnia 30 listopada 2020 r., sygn. akt II OPS 1/20
Commentary to the Resolution of the Supreme Administrative Court of 30 November 2020, Ref. No. II OPS 1/20

Author(s): Mirosław Wincenciak
Subject(s): Politics / Political Sciences, History, Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: substantive period; procedural period

Summary/Abstract: In the commented resolution, the Supreme Administrative Court expressed the position that the deadline specified in Article 318(1) of the Environmental Protection Law is a procedural period. The position of the Supreme Administrative Court is not accurate, because the structure of this provision, the subject matter of the relationship referred to in Article 318 of the Act, as well as the evaluation of the regulation from the systemic perspective, lead to the conclusion that the analysed period is of a substantive nature and cannot be reinstated.

  • Issue Year: 2021
  • Issue No: 5
  • Page Range: 217-226
  • Page Count: 10
  • Language: English, Polish