Zawieszenie postępowania w przedmiocie wydania decyzji o wstrzymaniu użytkowania instalacji bez pozwolenia zintegrowanego – przegląd orzecznictwa
Suspension of the procedure for issuing the decision to suspend the use of an installation without an integrated permit – a review of the jurisprudence

Summary/Abstract: The study analyzes the issues pertaining to the administrative authority’s duty to suspend the procedure for issuing the decision to suspend the use of an installation without the required integrated permit, which is carried out pursuant to Article 365 Para 1 point 1 of the Law on Environment if the condition for submitting an application for the issuance of such a permit is met. The authors also considered the issue of the obligation of the administration authority expressed in the examination of the reason for not having an integrated permit as a premise, the lack of which conditions the suspension of the use of the installation. These issues were analyzed on the basis of stances expressed in the jurisprudence. They made it possible to formulate a conclusion that the legislator correctly specified in the law the optional suspension of the use of an installation without the required integrated permit, depending on the reasons for the lack of an integrated permit, and the legitimacy of its indication of the need to defer the procedure of suspension of the use of the installation, in the event that the entity using it, applied for an integrated permit.

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