NATIONAL PARKS – DE LEGE FERENDA CONCLUSIONS (PART I)

Abstract

The article aims to synthetically and critically discuss the proposed change in the legal status regarding the highest form of nature protection in Poland, i.e. national parks. The article will assess whether the new regulations will effectively ensure the protective function, and if so, to what level, and whether – and if so, to what extent – the new regulation will remove evident defects of the currently binding Nature Protection Act. The discussion will first refer to the wording of the regulations, and then the criticism of these solutions will be carried out with simultaneous formulation of de lege ferenda conclusions. The author’s intention is to develop the subject in a series of articles. This approach is justified by the comprehensive nature of the issues regulated by the Act. The first article, hereby submitted to you, explains selected problems concerning the creation of national parks, legal regime of this form of protection and the system of exemption from prohibitions. The results of the presented analysis have not been presented to readers so far and cover only Polish law. The innovative nature of this research results from the fact that these issues are not the subject of studies in legal scholarship