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Mgr Piotr Gajewski
ORCID: 0000-0002-5745-0446

Mgr Piotr Gajewski

PhD student at the Doctoral School in Humanities and Social Sciences at the University of Gdansk — field of social sciences, discipline legal sciences. A graduate of law studies at the Faculty of Law and Administration of the University of Gdansk. Initiator and co-organizer of national scientific conferences and reviewed scientific monographs related to public law. His research interests include taxation of the energy sector, the stimulus function of taxes and guarantees of protection of the taxpayer's rights.

 
DOI: 10.33226/0137-5490.2022.7.5
JEL: K32

The purpose of this paper is to demonstrate the infringement of the principle of correct legislation in the area of legal regulations applicable to onshore wind energy in Poland. The authors indicate the essence and boundaries of the principle of correct legislation, reconstructing it mainly on the basis of the jurisprudence of the Constitutional Tribunal. In order to identify the above mentioned infringements of the principle of correct legislation, the authors analyse selected legal acts both at the level of administrative law as well as tax law referring to the onshore wind energy in Poland. Furthermore, the hypothesis whether the violation of law making standards in the area of onshore wind energy regulation in Poland slowed down the development of this economic sector will be verified.

Keywords: wind energetics; windmill law; principle of appropriate legislation; real estate tax