Abstract
The authorisation for removing trees constituting a common nature protection instrument was supplemented in 2017 by the obligation to notify the intention to remove trees. The right to notify and object to the intention of tree removal corresponds conceptually to the model of positive silence provided for in the amended Code of Administrative Procedure as one of the ways of administrative silence. Our objective is to analyse procedural solutions and the substantive institution of environmental protection law which consists in a notification from the point of view of assessing the correctness of its application when considering law science and administrative proceedings
Highlights
If, as a rule, we accept the obligation to preserve trees as a legally protected element of nature1, the institution of permit for their re-** Associate Professor, PhD, John Paul II Catholic University in Lublin, Faculty of Law, Canon Law and Administration, Department of Administrative Law, kasiakrzysiak@ kul.lublin.plBartosz Rakoczy, Usuwanie drzew i krzewów, Warsaw: LexisNexis, 2013, 25.moval is seen as a general protective instrument2
The problem would be solved by a declaration of non-linkage between tree removal and business purposes under pain of criminal liability, which we propose as a comment de lege ferenda
The purpose of this section is to analyse the institution of “positive silence” as a result of the notification that rises no objection of an administrative body, especially in the context of assessing whether the regulation of the amended Code of Administrative Procedure may be applicable thereto34, within the framework of which Chapter 8a of the Code of Administrative Procedure, ‘Administrative silence,’35 was introduced
Summary
As a rule, we accept the obligation to preserve trees as a legally protected element of nature, the institution of permit for their re-. Cf. The analysis of the results of the NIK inspection of the tree and shrub removal area made by Anna Swiątek,‘Analiza prawna i ekonomiczna działalności administracji w zakresie usuwania drzew i krzewów’, In: konferencja Korupcja w ochronie środowiska, Warsaw, 14 November 2008, [last access: 2019-05-18] http://www.tnz.most.org.pl/korupcja/materialy/Analiza%20prawna%20w%20zakresie%20wycinki%20drzew.htm force. The analysis of the results of the NIK inspection of the tree and shrub removal area made by Anna Swiątek,‘Analiza prawna i ekonomiczna działalności administracji w zakresie usuwania drzew i krzewów’, In: konferencja Korupcja w ochronie środowiska, Warsaw, 14 November 2008, [last access: 2019-05-18] http://www.tnz.most.org.pl/korupcja/materialy/Analiza%20prawna%20w%20zakresie%20wycinki%20drzew.htm force13 These issues must, will be excluded from the scope of our considerations
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