Academic Journal
The principles of issuing a crucial decision (selected problems)
| Title: | The principles of issuing a crucial decision (selected problems) |
|---|---|
| Authors: | Łukasz Dubiński |
| Source: | Studia Prawnicze KUL, Iss 3 (2023) |
| Publisher Information: | Katolicki Uniwersytet Lubelski Jana Pawla II, 2023. |
| Publication Year: | 2023 |
| Subject Terms: | атомна електростанція, uznanie administracji, 9. Industry and infrastructure, ключевое решение, a crucial decision, дискреційність адміністрації, K1-7720, a nuclear power plant, 16. Peace & justice, elektrownia jądrowa, 7. Clean energy, усмотрение администрации, 12. Responsible consumption, ключове рішення, Law in general. Comparative and uniform law. Jurisprudence, атомная электростанция, kluczowa decyzja, 13. Climate action, 11. Sustainability, administration's discretion |
| Description: | The erection and commissioning of a nuclear power plant requires a number of administrative procedures. At the same time, in the majority of cases, it concerns proceedings that are mainly regulated outside the provisions on nuclear energy, and thus have already been discussed many times in the doctrine (e.g. cases regarding the building permit). Against the background of the above, the procedure for issuing a crucial decision stands out. This is because this decision is not present outside the regulations concerning nuclear energy. However, it should be noted that the decision in question is of key importance as far as the possibility of starting the construction and operation of nuclear power is concerned. Thus it is surprising that the manner in which this ruling is regulated does not allow for determining such basic issues as the character of the crucial decision or the premises for issuing it. The goal of this study is to solve these dilemmas. The adopted research method is the dogmatic and legal method. On the basis of the conducted analysis, it was established that in the current legal status, the crucial decision is of a binding nature, and the premises for its issuance are included in Article 22 Section 3 of the Act of 29 June 2011 on preparing and implementing investments in the field of nuclear power facilities and accompanying investments. It should be added that the presented results of the interpretative analysis are inconsistent with the position of the doctrine. In the literature, it is assumed that the crucial decision has a discretionary (‘political’) character. Moreover, the wording of the aforementioned act does not specify the conditions for issuing a crucial decision. Instead, it is suggested to look for them within the so-called legislative materials. |
| Document Type: | Article |
| File Description: | application/pdf |
| ISSN: | 2719-4264 1897-7146 |
| DOI: | 10.31743/sp.14978 |
| Access URL: | https://doaj.org/article/e3a19b7a1e1943cb8e3a3b69dafc82a9 https://hdl.handle.net/20.500.12153/6004 https://hdl.handle.net/20.500.12153/6092 |
| Rights: | CC BY URL: https://creativecommons.org/licenses/by/4.0/deed.pl |
| Accession Number: | edsair.doi.dedup.....1f7d3afaaa31fc83f3f6b918aa83663d |
| Database: | OpenAIRE |
| ISSN: | 27194264 18977146 |
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| DOI: | 10.31743/sp.14978 |