Obowiązek dostosowania (usunięcia) tablic reklamowych i urządzeń reklamowych jako skutek wejścia w życie uchwały reklamowej – problematyka ochrony praw nabytych

On the basis of the Act on the Amendment of Certain acts in Relation to the Strengthening of Landscape Protection Tools, a new type of planning act in the sphere of spatial planning and development was introduced into the Polish legal system. It is a resolution of a municipal council on the principles and conditions of location of small architectural objects, advertising boards and advertising equipment. Municipalities were given the right to influence the landscape aesthetics and ensure spatial order. Providing a retrospective effect of an “advertising resolution” in the matter of advertising panels, which were placed before its entry into force, was a deliberate decision of the legislator. The decision on the question of possible protection of acquired rights of entities that placed advertising facilities prior to the entry into force of the advertising resolution lies within the competence of the Constitutional Tribunal, not of administrative courts.