https://doi.org/10.31261/PPGOS.2022.02.04
One of the basic principles of Polish administrative proceedings is the principle of permanence of administrative decisions. These include permits to use the environment and authorizations to conduct activities related to environmental protection. The legislator has introduced several procedural solutions related to their issuance and extinction. Therefore, this study attempts to systematize the solving forming the basis for extinguishment of permits for using the environment and permits to conduct activities in this area. On this basis, the thesis was put forward in the article that, by the rules arising from the legal acts constituting the basis for issuing the discussed types of decisions, such as the Act of 27 April 2001 – Environmental Protection Law (Journal of Laws of 2021, item 1973), as a rule, expiry decisions should be issued, unless specific provisions result otherwise. Such necessity is also supported by the principle of honesty of entrepreneurs and friendly interpretation of the law arising respectively from Articles 10 and
11 of the Act of 6 March 2018. Entrepreneurs’ Law (Journal of Laws of 2021, item 162 as later amended). However, in conclusion, it was indicated that in order to improve the security of legal transactions de lege ferenda, it would be worthwhile to organize solutions in this sphere.
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No. 2 (2022)
Published: 2022-10-26
10.31261/PPGOS
English
Język Polski