Published: 2021-06-07

Suspension of the procedure to issue a decision to suspend the use of an installation without an integrated permit - review of the jurisprudence

Ewa Katarzyna Czech , Dariusz Ostrowiecki
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.3709

Abstract

The content of the study analyzes the issues of the administrative authority's duty to suspend the procedure to issue a decision to suspend the use of an installation without the required integrated permit, carried out pursuant to Art. 365 paragraph. 1 point 1 p.o.ś. if the condition for submitting an application for the issuance of such a permit is met, and the issue of the obligation of the administration authority expressed in the examination of the reason for not having an integrated permit as a premise, the lack of which conditions the suspension of the use of the installation, was also considered. These issues were analyzed on the basis of positions expressed in the jurisprudence. They made it possible to formulate a conclusion that the legislator correctly specified in the law the optional suspension of the use of an installation without the required integrated permit, depending on the reasons for the lack of an integrated permit, and the legitimacy of its indication of the need to suspend the suspension of the use of the installation, in the event that the entity the user of it, applied for an integrated permit.

Keywords:

integrated permit, suspension of use of the installation, purposeful and systemic interpretation, fault, administrative liability

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Citation rules

Czech, E. K., & Ostrowiecki, D. (2021). Suspension of the procedure to issue a decision to suspend the use of an installation without an integrated permit - review of the jurisprudence. The Opole Studies in Administration and Law, 19(1), 9–20. https://doi.org/10.25167/osap.3709
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