Language:
PL
| Published:
25-05-2022
|
Abstract
| pp. 1-15
The possibility of participation of a social organization in administrative proceedings complies with the principle of association enshrined in the Constitution of the Republic of Poland. The subject of this article is to present the issues related to the general principles of association participation in administrative proceedings, with particular emphasis on environmental organizations and specific regulations introduced in this regard by the legislator.
Language:
EN
| Published:
18-10-2022
|
Abstract
| pp. 1-15
The legal regulation of stationary sources of air pollution is an important part of the air protection in law. This paper is focused on selected issues of placing and operating all stationary sources in the Czech Republic, from the smaller ones (e.g. located in houses) to the larger ones. The regulation is mainly carried out by binding opinions and permits for operation and by the determination of some emission limits. Some obligations are also imposed on the operators of stationary sources and in the case of some stationary sources also compensatory measures and operating orders are required. In the text, the most important legal topics connected with stationary sources are discussed.
Language:
PL
| Published:
27-05-2022
|
Abstract
| pp. 1-15
The subject of the article is, first of all, the presentation of legal acts adopted by the international community as part of the fight against environmental degradation, with particular attention to Directive 2008/99/EC of the EP and of the Council on the protection of the environment through criminal law. The most important regulations of these legal acts were analyzed, with an indication of the penal measures proposed by the international legislator aimed at protecting the legal good, which is the natural environment. The evolution of legislation in this area will also be presented. In the following part, the catalogue of criminal law tools resulting from the above-mentioned acts has been compared with penal measures used in Polish criminal law in response to crimes against the environment, with an indication of the prospects for the development of legislation in the discussed area.
Language:
PL
| Published:
27-05-2022
|
Abstract
| pp. 1-18
One of the basic principles of Polish administrative proceedings is the principle of permanence of administrative decisions. These include permits to use the environment and authorizations to conduct activities related to environmental protection. The legislator has introduced several procedural solutions related to their issuance and extinction. Therefore, this study attempts to systematize the solving forming the basis for extinguishment of permits for using the environment and permits to conduct activities in this area. On this basis, the thesis was put forward in the article that, by the rules arising from the legal acts constituting the basis for issuing the discussed types of decisions, such as the Act of 27 April 2001 – Environmental Protection Law (Journal of Laws of 2021, item 1973), as a rule, expiry decisions should be issued, unless specific provisions result otherwise. Such necessity is also supported by the principle of honesty of entrepreneurs and friendly interpretation of the law arising respectively from Articles 10 and 11 of the Act of 6 March 2018. Entrepreneurs’ Law (Journal of Laws of 2021, item 162 as later amended). However, in conclusion, it was indicated that in order to improve the security of legal transactions de lege ferenda, it would be worthwhile to organize solutions in this sphere.
Language:
PL
| Published:
20-07-2022
|
Abstract
| pp. 1-17
The subject of the study is to evaluate the monograph entitled Control of compliance with environmental regulations in the Czech Republic, Poland and Slovakia, written under the editorship of Z. Bukowski and T. Bojar-Fijałkowski, which appeared in the publishing house of Kazimierz Wielki University in Bydgoszcz in 2021. It contains twenty-six articles, focusing on the legal issues of control of entities using the environment, developed by an international research team. This book deserves attention all the more so because in the Polish scientific literature the issue of control, or more broadly supervision over entities using the environment is rather neglected. The work also contains important elements from the field of legal comparative studies, which nowadays is an integral part of scientific research. Due to its scientific value, it will be useful for conducting scientific research for researchers dealing with issues of legal protection of the environment.
Language:
PL
| Published:
20-04-2022
|
Abstract
| pp. 1-13
The solutions provided for in the quoted Act on Waste and the amending act breach the principle of proportionality and thus are unconstitutional. While acknowledging that entities who committed any environmental offence must not be allowed to run waste management and disposal activity, a clear objection, should be made to negative consequences being held against the requester when such an offence was committed solely by the partner. In consequence, the expectation that the requesting company will cause the partner to submit a relevant certificate of no criminal record should be deemed unconstitutional if, as a result of its failure to submit such a certificate, the company is deprived of the possibility to obtain a decision necessary for running economic activity. A similar consequence will occur if the partner was convicted of an environmental offence. Doubts of constitutionality are also raised by the fact that regulations apply only to limited liability companies, and not to joint stock companies.