Legal opinion concerning consolidated text of the Nature Conservation Act Cover Image

Opinia prawna w sprawie tekstu jednolitego ustawy o ochronie przyrody
Legal opinion concerning consolidated text of the Nature Conservation Act

Author(s): Piotr Czarny
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: consolidated text; vacatio legis; principles of legislative technique

Summary/Abstract: Thesubject of the considerations is Article 110 in connection with the Article 142 paragraph2 of the Act on Used Electrical and Eectronic Equipment, which should beregarded as a circumventing the principle of refraining from amendmening rulesmodifying other rules after the vacatio legis period. However the author claims thatviolation of basic principles of the legislative technique does not constitute a reasonto omit certain rules in the consolidated text of an act, because such a text has only aneditorial significance. Nevertheless an exception is a situation in which the given ruleprovision is recognized as legally ineffective. In case of Article 110 of the discussed Act,such situation did not occur, hence it must be held that there was no reason to omitthis rule in the consolidated text of the Act.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 68-79
  • Page Count: 12
  • Language: Polish
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