Legal considerations for authoritative decisions on the location of public investment projects

The objective and the central scientific problem of the article is to determine the crucial legal conditions that are of decisive importance when making authoritative decisions on the location of public purpose investments. These determinants are not only decisive for the legality of the decision taken, but directly constitute a source of allegations to which third parties are entitled in the event of infringement of their interests and rights, especially property rights through the location of public purpose investments. The discussion emphasises the differences in the manner of protection of owners and perpetual usufructuaries of real property on which public purpose investments will be located in the light of the models of locating public purpose investments depending on the adoption of a local spatial development plan or a decision on locating a public purpose investment. Subsequently, the consequences of the recognition of an investment project as a public purpose investment are presented and the constitutive features of a public purpose investment are defined. Finally, it is shown that the legal status after 1.01.2026 consisting in the obligation of compatibility between the general plan and the decision locating the public purpose investment is the optimal model for balancing the public interest with the private interest. The text uses a research method in the form of a dogmatic-legal method; however, due to the scarcity of scientific studies, the focus is on the interpretation of legal provisions and the analysis of the rich body of work of the administrative courts.