Admissibility of the constitutional control of local spatial development plans by administrative courts

Abstract

This article refers to one of the criteria for controlling the local spatial development plan, which is its compliance with the Polish Constitution. In this regard, in particular, there were identified doubts regarding the answer to the question whether the above mentioned criterion may be applied by administrative courts. There are sensible reasons of thesis that controlling of constitutionality of law in Poland is exercised exclusively by the Constitutional Tribunal. On this background, an attempt was made to formulate additional arguments supporting the statement according to which, however, administrative courts have the competence to verify local plans in terms of their compliance with the Constitution.

Keywords

• local spatial development plan
• administrative court
• criteria for controlling the local plan
• rules for preparing a local plan
• constitutionality of the local plan
• effects of an administrative court judgment