English Internal and unpaved roads in administrative proceedings and court-administrative jurisprudence in construction matters: interpretation problems

Abstract

The regulation of the issues of internal roads in Poland is still insufficient, and numerous jurisprudence discrepancies are evident in this area. The status of these roads is different to public roads, which is manifested in the management of these roads, including their repairs. This issue is important from the point of view of practice because often internal roads, in fact, fulfil the purposes of public roads. The aim of the article is to show that internal roads are important communication routes. The article focuses on the functioning of internal roads in legal and technical aspects. First, the issue of the definition of roads, including internal roads, in various normative acts is presented. The issue of the right-of-way concept in relation to the construction law, in particular in the classification of construction works – road reconstruction, is extensively discussed. It is indicated how the jurisprudence of authorities and courts understands road reconstruction and road repair in the context of internal roads. Subsequently, consideration is given to whether internal roads are construction objects, and what conditions must then be met for the renovation or reconstruction of the road. Then, a case study is presented showing different interpretations of the law by administrative
authorities, especially the reconstruction of a forest road as an internal road. Against the background of the facts and the analysis of the case law, the authors conclude that it is necessary to regulate the issue of internal roads comprehensively in order to achieve jurisprudential stability
and legal certainty for its addressees, who are the owners or managers of these roads.