Kryteria uzasadniające konstytucyjną dopuszczalność ograniczenia zasady ochrony prawa własności
Criteria for the Constitutional Acceptability of the Limitation of the Statute of the Protection of Private Property

Author(s): Tomasz Gruchała
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Law on Economics
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The article is devoted to the constitutional statute of the protection of private property. The author discusses the guarantees and limitations of the protection of private property with regard to limitations implemented in accordance with the principle of proportionality. The article centers around the question of legal acceptability of the limitation of the statute of the protection of private property, worded as follows: “such limitations […] can be instituted […] only when they are necessary in a democratic country […].” The author evaluates the practical effectiveness of the constitutional formulations designed to protect private property as well as the legal possibility of limiting that right. To that end, the author describes, organizes and analyzes the entirety of the subject matter in both domestic and international context. While characterizing the right to property, the author presents expropriation as a legal instrument designed to limit the right to property. This interpretation of the constitutional understanding of the concept of expropriation has been made on the basis of the case law, citing the rulings of the Constitutional Tribunal in that regard. In addition, the article presents the European provisions for the protection of private property, comparing Article 21 of the Constitution with Article 1 of Protocol 1 of the European Convention of Human Rights. In order to fully grasp the issue, the article presents the constitutional level of protection which finds its reflection in the Act on the Ownership of Premises.

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