Published: 2026-06-30

The general investment and construction process and the preparation and implementation of road projects under the road investment authorization decision: a sequence-of-actions perspective

Jacek Kurek
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.6210

Abstract

This article aims to determine whether the preparation and implementation of a road investment project on the basis of a decision authorizing the implementation of such a project constitutes merely a limited modification of the general investment and construction process, or whether it forms a statutorily distinct and concentrated variant of that process.
The article adopts the hypothesis that the special regime for road investment projects does not operate outside the general investment and construction regime, but transforms its structure by concentrating a number of administrative determinations and legal effects in a single administrative decision. The research questions concern, first, the elements, stages and relationships constituting the general investment and construction process understood through the concept of a sequence of actions; second, the manner in which the special regime for the preparation and implementation of road investment projects modifies the general arrangement of actions characteristic of that process; and third, whether the scope of this modification justifies treating that regime as a special, concentrated variant of the investment and construction process rather than as a fully autonomous regime. The study examines the general investment and construction process in its administrative-law dimension, as well as the special legal regime governing the preparation and implementation of road investment projects. The concept of a sequence of actions is used as an analytical tool for examining
the functional links between acts, activities, competences and administrative determinations of public administration authorities, as well as those actions of other participants in
the process that remain functionally connected with the administrative action. The article employs the doctrinal legal analysis, supplemented by systemic and functional analysis and intra-systemic comparison. The analysis demonstrates that the general model is multi-stage and dispersed, whereas the regime based on the decision authorizing the implementation of a road investment project concentrates a number of administrative settlements and legal effects in a single administrative decision. Consequently, that regime should be understood as a special, concentrated organizational variant of the investment and construction process for public roads, rather than a regime operating outside the systemic framework of that process.

Keywords:

investment and construction process, ZRID decision, special road act, sequence of administrative actions, administrative law

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Kurek, J. (2026). The general investment and construction process and the preparation and implementation of road projects under the road investment authorization decision: a sequence-of-actions perspective. The Opole Studies in Administration and Law, 24(1), 81–99. https://doi.org/10.25167/osap.6210

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