Best prices Special offers for members of the PWE book club The cheapest delivery
Dr hab. Diana Trzcińska
ORCID: 0000-0003-1439-7240

Associate professor at the University of Gdańsk, Department of Public Economic and Environmental Law, and judge of the Provincial Administrative Court in Gdańsk. Her research interests have focused on administrative law, environmental law, commercial law, and spatial planning and development law.

 
DOI: 10.33226/0137-5490.2026.5.1
JEL: K32, K40

The article addresses the issue of excluding the application of legal provisions to certain public-purpose investments implemented under so-called spec-acts. It fits into a broader research issue – the application of law in emergency situations. The authors focus on the omission of nature conservation regulations and the regulations governing the right to information about nature, stemming from the Act on the Construction of State Border Security, which is dictated by national security. The research objective is to verify statutory practice and practice of applying the law, which involves omitting or limiting certain fragments of the legal system for reasons of national security, the need to protect the territorial integrity of the State, or the expediting of administrative procedures or protection. The legislature’s hasty recourse to such reference clauses may lead to an abuse of law and, consequently, a restriction of civil rights.

Keywords: environmental law; exclusion of application; application; separate provisions; environmental information