Rola i znaczenie zasady zrównoważonego rozwoju w prawie administracyjnym – zagadnienia ogólne

Abstract

The paper describes the role and significance of the principle of sustainable development in Polish law. The principle is perceived from the angle of the general part of administration law but its international origin and significance in European Union law are taken into account as well. According to the stand presented here, this principle should be interpreted in a broad manner and treated as a general principle of administration law broadly considered. It provides examples of applying this principle in normative texts as well as methods of its interpretation in judicature of the Polish Constitutional Tribunal. In the light of the paper, the principle of sustainable development has normative character but it does not create public subjective rights for the citizens. The need of ensuring sustainable development can constitute a core for restriction of civil rights and liberties if the material premises outlined in the Constitution of the Republic of Poland are fulfilled and, what is more, the following questions are emphasised: the connection between the principle of sustainable development and the principle of proportionality considered strictly as well as its anthropocentric character.