Prawo Zamówień Publicznych

no. 3/2024

Considering General Values When Determining the Location of Public Purpose Investments Through an Individual Administrative Decision

DOI: 10.32027/PZP.24.3.6
Łukasz Stelmaszczyk
Doktorant, Katedra Prawa Konstytucyjnego, Administracyjnego i Zamówień Publicznych, Uniwersytet Ekonomiczny w Krakowie
Abstract

Legal regulations formulate the values that should be considered in spatial planning. The sheer number of principles protected in spatial planning and other value indicators is considerable. Some of them derive directly from the Law on Spatial Planning and Development, while others must be inferred indirectly from other regulations governing this area. Implementing these values should ensure greater consistency in spatial planning, including the location of public purpose investments. However, the authority in charge of the public procurement procedure too often runs into difficulties in qualifying values when issuing individual spatial planning acts, particularly when issuing administrative decisions rather than local plans. This is due to the imprecise nature of the regulations and their unstable interpretation, which is observed in the doctrine and in the jurisprudence of the administrative courts. Therefore, by conducting a critical legal analysis, this study proposed a general approach to understanding the scope of spatial planning rules should be considered in the location of public purpose investments.

Keywords
public purpose investment, investment location, location decision, values in spatial planning, spatial order.