Problematyka pojęcia „otuliny” w polskim systemie prawnym
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Date
2013
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
The concept of a “buffer zone” in the Polish legal system
Abstract
Description
This paper outlines legal considerations connected with the concept of a “buffer
zone” presented on the basis of Polish and foreign legislation, theory and practice.
The statutory regulation of a “buffer zone” is laconic and therefore it is necessary to
interpret it basing on the doctrine in order to avoid problems with its practical application
by administrative bodies and judicial authorities. The paper contains different
understandings of the concept of a buffer zone defi ned in law and in literature. And
yet, buffer zones fulfi ll many important functions and therefore an analysis of their
constitutive features seems to be necessary for correct making and application of the
law. Foreign examples presented in the paper illustrate the universality of the issue. Based on legislative texts, the doctrine and judicial decisions as well as other legal
acts regulating land use and spatial planning, an attempt is then made to present the
impact of a buffer zone on the functioning of the areas in its neighbourhood. Further,
the current lines of case law of administrative courts with respect to the issue of
a buffer zone are shown, followed by a proposal to amend the statutory defi nition
of a buffer zone. References to non-legal considerations regarding the issue in Polish
and foreign literature have also been included to ensure a more holistic approach
to the subject, since its full understanding requires taking into account the reasons
for which a buffer zone has been established, and the functions it has to fulfi ll in
nature conservation. Legal regulations governing buffer zones refl ect environmental
concerns and other related issues covered by widely understood ecology and cannot
be only discussed from the legal point of view.
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Keywords
buffer zone, protected areas, nature conservation in Poland
Citation
Studia Prawa Publicznego, 2013, Nr 4, s. 147-173
ISBN
978-83-232-2695-6