Władztwo nad drogami wewnętrznymi stanowiącymi własność gminy: imperium czy dominium?

The article addresses the difference in the legal nature of control over non-public roads (‘internal roads’), depending on whether they belong to public law entities – especially communes – or private law entities. It points out that despite the coincidence of the strong administrative law regulation of non-public roads in general and the special nature of commune property, the commune’s control over its non-public roads can essentially be characterised as dominium – albeit with limited freedom to dispose of them. It can be concluded that there is a need to eliminate the artificial dualism of public commune roads and generally accessible non-public roads belonging to communes, which could be achieved by distinguishing an additional category of public roads, i.e. ‘ancillary roads’.