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Zasady odpowiedzialności za szkodę w środowisku - aspekty administracyjnoprawne

100%
Krupa B.
Roczniki Nauk Prawnych
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2013
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vol. 23
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issue 3
179-196
EN
The balance of nature is a prerequisite of life and the existence of humans, who constitute an element of the whole ecosystem. Nature conservation is regulated by the EU law. One of the EU priorities is combatting global warming and protection of the environment. This has numerous implications in the Polish legal order. One issue that is supposed to be crucial for environment protection is the question of liability for damage done to the natural environment. Under Polish law, responsibility for any such damage has a constitutional character, since by virtue of Art. 86 of the Polish Constitution, every entity is obliged to care for the natural environment and bears responsibility for any worsening of it. Given such a legal disposition, the risk of harm done as a result of an activity detrimental to the environment should encumber the one who undertakes such an activity for his or her own material gains.
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Początki wspólnotowego prawa ochrony środowiska

100%
Erechemla A.
Studia Prawno-Ekonomiczne
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2013
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vol. LXXXIX (89)
49-78
EN
This paper presents the first acts of the Community environmental protection law, adopted before the introduction of the Single European Act to protect air and water. It also includes acts concerning other areas of Community policies that influence the environment, as well as international conventions. It discusses the drafting process for the acts, their scope, duration, as well as the institutions and measures introduced in them. Acts relating to the protection of air and water are arranged chronologically. Final considerations concern the lack of a direct treaty basis for introducing new acts to protect air and water, the solutions implemented due to this situation, the detailed scope of the directives, the characteristics of the introduced acts and their duration. They also list the rules of environmental protection laws included in these acts. The author also suggests the scope of further studies which would allow for formulating general conclusions and determining the development trends in the environmental law in the period in question.
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