Zasady wycinki drzew przydrożnych - Uwagi na tle wniosku Prezesa NIK do TK

Due to the loss of legal validity of the regulation, the Constitutional Tribunal discontinued the proceedings on the motion by the President of the Supreme Audit Office to examine the compliance – with Article 2, Article 5 and Article 31 (3) of the Constitution of Poland – of Article 83 (3) of the Act of 16th April 2004 on nature protection in the scope in which the consent to fell a roadside tree depended on replacing it with other trees or bushes, with the number of the latter being not lower that the number of felling trees. According to the President of NIK, this regulation contravened the following constitutional principles: sufficient definition of the law stemming from the principle of a democratic state of law; sustainable development; proportion. Taking into account the concern of the President of NIK for the life and health of road users and the state authorities’ obligation to provide protection of the environment, in the situation when subsequent amendments to the Act on nature protection did not solve the issue of roadside trees, the author presents the charges included in the motion to the Constitutional Tribunal, and he attempts to assess their legitimacy.