Czasopisma Naukowe w Sieci (CNS)

Public transport sustainable development plan as a special legal act

  1. Katarzyna Wlaźlak

Abstract

PUBLIC TRANSPORT SUSTAINABLE DEVELOPMENT PLAN AS A SPECIAL LEGAL ACT

The subject of the paper is a public transport sustainable development plan (transport plan) as a special legal act. The research objective of the paper is to indicate the influence of transport plans and their particular features on the sustainable development of transport. The author points to selected statutory definitions and the uncertainties of interpretation they give rise to, as well as to the special character of such plans, specific planning procedure and characteristic elements of transport plans. The legal nature of both government and self-government plans is not disputable, as the statute defines them as enactments of universally binding law. Such character of transport plans, the specific planning procedure aimed at protecting the rights of individuals as well as the provisions of such plans, which are intended to take into account social expectations relating to access to transport services, testify to the great importance of transport plans in the current system of the organization of public transport.
Short periods covered by the first self-government transport plans have not yet resulted in more serious problems related to such plans in the practice of territorial self- government units and their associations. An analysis of statutory solutions suggests at least a couple of controversies or uncertainties of interpretation in this respect. For instance, the legislator entrusts the task of preparing a district and provincial transport plan to a district governor and province marshal and not to the board of a district or a province. It may be considered necessary to at least specify in the statute a time frame for the applicability of self-government plans. Other questions may arise with regard to the complicated planning procedure and the wide scope of transport plans.

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Przegląd Prawa i Administracji

103, 2015. Przedsiębiorca w społecznej gospodarce rynkowej. Trybunały, sądy, wolność gospodarcza

Strony od 333 do 342

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