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PL
Recently, the problem of sites where waste is illegally stored has gained particular importance. In connection with this, the existing multiplicity of legal regulations often provokes disputes over the relevant competence held by individual administrative bodies. That is why the aim of this publication is to put forward rules with respect to the conflict of law regime.
Roczniki Nauk Prawnych
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2013
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vol. 23
|
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.
EN
The scope of this article is twofold, on one hand; it makes an analysis of the current situation of the environment protection through the criminal law in the Albania, by proving a legal landscape on the current criminal conducts as are foreseen by the Criminal Code of Albania. It starts with an introduction which aims to highlight the status play of the increased attention that is being shown for the environmental protection in the global arena. Then it makes an assessment on the definition of the environmental harm, and the technical-legal approaches utilised for the protection of the environment. After that, this article makes a description of the legal concept of environment in Albania and analyses the existing criminal offences as they are foreseen by the Criminal Code. On the other hand, the article makes a preliminary assessment of the new coming reform on the environmental crime in Albania, by trying to identify the problematic issues and their address by the draft-law. The conclusions reached at the end shows the evolution of the concept of environment and its protection, welcomes the new reform by noting the need of the judicial authorities to be trained in order to be fully implemented.
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