Obwody łowieckie w świetle wyroku Trybunału Konstytucyjnego z 10 lipca 2014 r.

Abstract

The article discusses hunting areas in light of the decision of the Constitutional Tribunal of 10 July 2014. The starting point of the analysis is the historical development of the hunting area concept as the key element of the hunting legislation from the Presidential Decree of 1927, through the legislation of the socialist period until the regulations currently in force. The Constitutional Tribunal observed that including private properties into hunting areas results in the restrictions on private ownership of land and as such violates the Polish Constitution. The article points out that the problem arises since land owners are deprived of their hunting right which is taken over by the state. As a result, the state creating hunting areas does not include private properties into them, but administers the hunting law, which belongs to the state. In this situation there is no reason to involve land owners in the process of creating hunting areas. The issues in question are also analyzed in the context of the judgements of the European Court of Human Rights concerning hunting areas.