Search results - CEJSH

1

Smog a odpowiedzialność odszkodowawcza władz publicznych

100%

Szczepaniak R.

Zeszyty Prawnicze BAS

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2020

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issue 2(66)

26-48

EN

According to the author, the civil law regime of tort liability of the state and other public authorities cannot be used to claim damages from the state for living in polluted air. Polluted air is a mass problem. The civil law classic mechanism of tort liability is not adapted to this kind of mass phenomena. In the author’s opinion, such a conclusion stems from the principle of equality of citizens against public burdens. The author believes that this principle is the most important basis for the tort liability of the state. Moreover, he draws attention to various types of aberrations in the shape of the state liability regime, which arise as a result of the CJEU’s case law.

2

Renewable energy power plants

100%

Sobolewski M.

Zeszyty Prawnicze BAS

|

2023

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issue 3(79)

169-178

EN

The opinion presents the regulatory conditions related to the launch of installations using renewable energy sources, including wind and photovoltaic installations. The conditions related to obtaining permits in the investment process and environmental requirements were analysed, such as the need to conduct an environmental impact assessment. Progress in the transposition into national law of the requirements of Directive 2018/2001/EU (REDII Directive) was assessed.

3

Problematyka prawna rekompensat za ustanowienie formy ochrony przyrody – obszarów Natura 2000 na obszarach wiejskich

80%

Niewiadomski A.

Studia Iuridica Agraria

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2014

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vol. 12

65-76

EN

The article describes the fundamental issues of limiting property rights in connection with introducing the form of the conservation of nature on the given area Nature 2000. Regulations of environment protection laws and the act on the conservation of nature which appropriate claims will grant property owners were shown. Also existing legal conflicts were described in this area. The choice about the manner of the compensation for implemented restrictions to a large extent is hampering by the economical functioning of farmers in areas Nature 2000. What is more, a foreign aid budget coming from European Funds seems insufficient.

4

Arctic Tourism Development with Regard to Legal Regulations and Environmental Protection

80%

Gawor Ł., Dolnicki P.

Prace Komisji Geografii Przemysłu Polskiego Towarzystwa Geograficznego

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2018

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vol. Volume 32, Issue 2

289-298

EN

Arctic tourism develops very quickly and requires both changing of legal regulations and consid-ering environmental issues. The developing branch of services (significantly tourism) has became an important sector in the shaping of the budget of numerous countries worldwide. World-wide climate changes provide new possibilities of visiting remote countries with severe climate conditions. Global warming is particularly intense in the Arctic, where mean temperatures have recently risen twice as fast as in the rest of the world. A comprehensive set of regulations was recently developed to protect the wilderness of Arctic environment from the negative impact of tourism. The purpose of the paper is to present legal and organizational regulations connected with organization of tourist trips in the Arctic, based on the example of Svalbard area, American Arctic and Russian Arctic. There are described particularly legal regulations that concern cruise operators. These issues have been described based on literature studies, analysis of legal regulations and statistical data. The time range of the study is about 20 years. Also discussed are challenges of tourism as seen in the Northwest Passage, a historical challenge for many sailors and Russian Arctic tourism development. The issues of economic benefits, environmental protection and connections between tourism and climate conditions are presented. There is also a focus on weather enabling tourism in the Arctic. It can be said that new possibilities of visiting remote places with severe climate conditions (e.g. Arctic region) are opening due to global changes. It occurs mainly due to the reduced sea ice cover for longer periods of time, which facilitates tourist access and extends visitor seasons. It has been assumed that global climate change may lead to a shift of tourism demand to higher latitudes, creating additional opportunities for tourism in northern regions.

5

Zasady wycinki drzew przydrożnych - Uwagi na tle wniosku Prezesa NIK do TK

80%

Łyszkowski M.

Kontrola Państwowa

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2017

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vol. 62

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issue 4 (375)

33-48

EN

Due to the loss of legal validity of the regulation, the Constitutional Tribunal discontinued the proceedings on the motion by the President of the Supreme Audit Office to examine the compliance – with Article 2, Article 5 and Article 31 (3) of the Constitution of Poland – of Article 83 (3) of the Act of 16th April 2004 on nature protection in the scope in which the consent to fell a roadside tree depended on replacing it with other trees or bushes, with the number of the latter being not lower that the number of felling trees. According to the President of NIK, this regulation contravened the following constitutional principles: sufficient definition of the law stemming from the principle of a democratic state of law; sustainable development; proportion. Taking into account the concern of the President of NIK for the life and health of road users and the state authorities’ obligation to provide protection of the environment, in the situation when subsequent amendments to the Act on nature protection did not solve the issue of roadside trees, the author presents the charges included in the motion to the Constitutional Tribunal, and he attempts to assess their legitimacy.

6

Environmental Protection Solutions in the Process of Modernisation of the Polish Railways

80%

Surowiecki A., Bujak A.

Central and Eastern European Journal of Management and Economics (CEEJME)

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2013

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vol. 1

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issue 1

93-111

EN

The authors discuss examples of solutions currently applied in the process of modernisation of main railway lines undertaken by the Polish PKP PLK S.A. in order to =assess compliance with the applicable environmental conditions. The solutions described pertain to nature conservation and restoration in the vicinity of railway routes. They are developed according to three assumptions: protection of animals along transport routes; traffic noise reduction; natural compensation which consists in restoration of the lands adjacent to railway lines in order to enhance water regimes and habitat conditions for animals.

7

Miejscowy plan zagospodarowania przestrzennego jako instrument ochrony środowiska

80%

Lipiński A.

Studia Iuridica Agraria

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2016

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vol. 14

221-243

EN

The primary function of the local development (spatial) plan is to determine the destination of the area covered by it, including various destinations of its individual fragments. Such plan is the act of local law, generally applicable on a given territory. Consequently, it becomes the basis for many decisions relating to the use of the real estates, which also means that it becomes an instrument of environmental protection. Detailed requirements of the legal system of environmental protection frequently stipulate that decisions determining the scope and manner of such protection must be in accordance with the local development plan. In fact, local development plan while specifying the destination of the covered area, also determines the legal scope and use of the environment. In practice, these requirements function only to a limited extent. This is because: – as a principle, adopting the local development plan is not compulsory, and as a result of a complex and expensive planning procedure only a part of the country territory is covered by such plans, – many local plans have numerous failures, primarily because of the conflict with the acts of parliament defining the detailed requirements to be met by such plans or because of the use of extremely imprecise terminology, – there is no effective mechanism for implementing the solutions of the public interest of a supracommunal character to the local development plans. For certain types of investments, this problem is solved by specific acts of law defining the detailed rules for the implementation of projects covered by them, while excluding requirements of spatial planning system.

8

Ochrona środowiska naturalnego w procesie produkcji rolnej a koncepcja własności rolniczej

80%

Niewiadomski A.

Studia Iuridica Agraria

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2016

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vol. 14

259-271

EN

The article indicates the basic principles of environmental protection used in agricultural law in the light of European and national regulation. This paper focuses also on the analysis of the impact of modern environmental law on ownership of agricultural real estate and agricultural activities. What is more, new obligations for farmers has been analyzed in the context of the Andrzej Stelmachowski’s concept of agricultural property.

9

Kształtowanie świadomości ekologicznej w Drugiej Rzeczypospolitej

80%

Wolter E.

Kwartalnik Historii Nauki i Techniki

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2013

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vol. 58

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issue 2

77-95

EN

In the Polish Republic of the interwar era, the didactic and educational process of the environmental protection constituted in the implication of the whole of the educational process in public primary and high schools. The Ministry of Religious Denominations and Public Enlightenment carried out its legislative activity by founding the National Museum of Nature in Warsaw (since 1921, the Polish State Museum of Nature) in order to collect, keep and list the specimens of nature, to make compilations and spread the knowledge about nature and to make it available to school children as well as to popularize such actions as tree planting and collecting of waste papers. The museum also organized compulsory summer courses for teachers presenting the problem of environment protection which eventually became compulsory in schools. As the main aim of the following article is to present the chosen works of foreign authors used in educational activities between 1918 – 1939, it should be underlined that in the shaping of the environmental awareness of the Polish society of the Second Polish Republic, an important role was played by the works and books of foreign authors, written by A. Arends, L. Kny, A. B. Buckley, K. G. Lutz, H. Coupin, E. Thompson, C. Floericke, K. Lambert, P. Ledoux, K. von Marilaun, H. Fabre, A. E. Brehm, and E. Hassenpflug. Some of those works were translated into Polish from English, German, or French, and were used in schools by M. Arct-Golczewska, Z. Bohuszewiczówna, A. Czartkowski, H. Grotowska, W. Haberkantówna – before Poland gained independence in 1918. They were used in didactical and educational process in primary and high schools in the Second Polish Republic. The book written by R. Baden-Powell – “Scouting for Boys” – was translated into Polish and widely used in the Polish educational process. The 5th chapter of this book, entitled: “The woodcraft – getting familiar with animals and nature” deals with science of nature based on trips to the zoological garden and to the Natural History Museum at South Kensington and on observations of habits of wild and domesticated animals.

10

Crimes Against the Environment in Theory and Practice

80%

Guzik-Makaruk E. M.

Internal Security

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2019

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vol. 11(2)

65-74

EN

The purpose of the article is to familiarise the readers with the issues related to the theoretical grounds involving penal responsibility for violating the provisions of the Penal Code concerning environmental protection, and to show the statistics connected with this type of crimes. The article is of dogmatic-empirical nature. The dogmatic part includes provisions of the 1997 Penal Code and the acts not covered by the code. The empirical part is based on the statistical data provided by the Ministry of Justice and the National Police Headquarters. The data shows a discrepancy between the statistics and the real situation, as well as the importance of the so-called dark figure of crimes against the natural environment. It should be note, that the environmental protection system in Poland is very imperfect and contains numerous gaps that are taken advantage of by perpetrators who cause numerous violations and hazards to the natural environment. The public awareness in the area of animate and inanimate nature remains on an extremely low level. It is necessary to conduct broad educational activities involving citizens regularly, with the aim to improve the ecological security. Since the end of the 20th century, the term “ecological ethics” has been used to identify one of the instruments of ecological security. Such approach appears to be right in all aspects because ethical behavior towards oneself, others, and the surrounding nature makes it possible to prevent dangers.

11

Enviromental Protection in the Constitution of Belarus

80%

Shupitskaya A.

Internal Security

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2019

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vol. 11(1)

65-71

EN

Constitutional principles and norms are the basis of the environmental policy of the Belarusian state at the present stage of its existence. They determine the limits, intensity, methods of its implementation, the degree of participation in the implementation of environmental policy of both the state bodies and civil society institutions. The scientific methods of cognition used in the research include analysis, synthesis, abstraction and comparative method. The study concluded that environmental protection in the Republic of Belarus is a set of measures, a system of state, international and public measures for the rational use, protection and restoration of natural resources, protection of the environment from pollution and destruction in order to create the most favourable conditions for the existence of human society, to meet the material and cultural needs of both living and future generations based on the constitutional principles and norms. Environmental protection can be considered as an independent constitutional principle underlying the modern policy of the Belarusian state.

12

Environmental Responsibility: Teachers' Views

80%

Manolas E., Tampakis S.

Journal of Teacher Education for Sustainability

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2010

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vol. 12

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issue 1

27-36

EN

This research paper investigates the views of the teachers of elementary and secondary schools in Greece with regard to who bears the responsibility for the state of the environment, as well as who should bear the cost of its protection. The research was carried out at the Environmental Education Centre of Kissavos-Mavrovounio. The research subjects were 144 teachers undergoing training in environmental education. The teachers believe that today the quality of both the natural and the urban environments worsens with those most responsible, in order of importance, being the industrialists and businesses, public administration and control mechanisms, politicians and laws, the citizens as consumers, judges and the judicial system and the farmers as producers. According to the respondents, the parties less responsible are the journalists and the mass media, researchers and scientists and, finally, teachers and the educational system in general. With regard to who should bear the cost of environmental protection, the vast majority think that the government should be the one to pay. The ideas of indirect and direct taxation, the adoption of a lower standard of living are much less accepted.

13

Approaches to teaching high school students about environmental protection in the Greater Bielsko-Biała Metropolitan Area (Poland)

80%

Tomczewska-Popowycz N.

Environmental & Socio-economic Studies

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2014

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vol. 2

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issue 2

10-15

EN

The purpose of the present study is to assess the level of knowledge about local environmental protection among high school students in Bielsko-Biała and the surrounding areas. This sort of knowledge is part of the curriculum and is covered in various natural science school courses, such as geography, biology, chemistry, and social sciences. Various laws and regulations mandate that ecology is part of the secondary education curriculum – “Podstawa programowa kształcenia ogólnego” (2002, 2008 a, b). The Bielsko-Biała area is known for its valuable natural resources and natural attractions. It is home to twelve protected natural areas, including: two sanctuaries, two scenic landscape parks, four nature and landscape complexes, two unique endangered ecosystems, and two protected Natura 2000 areas, as well as 62 natural landmarks. The present paper presents results of a study that was conducted by means of a survey of Bielsko-Biała’s high school students with respect to their knowledge about these protected natural areas. The results of the study revealed that the vast majority of the students do not take an interest in environmental protection issues. Moreover, the high school students displayed unsatisfactory knowledge about the protected natural areas around their city. The survey revealed that the study subjects were unable to identify the types of natural protected areas surrounding their city, let alone list or name the specific sanctuaries or natural landmarks. These disappointing findings generalize for both the students who live in Bielsko-Biała, and those who live in the distant northern provinces of the region. The results of the study stress the need for field trips and other programs aimed at advancing students’ knowledge in this area. The need to incentivize teachers to organize field trips and other events of this kind is also highlited.

14

The Policy of Renewable Energy Sources in the Function of the Environmental Protection in the Eu / Politika Korišćenja Obnovljivih Izvora Energije u Funkciji Zaštite Životne Sredine u EU

80%

Đorđević D. Ž., Veselinović M.

Economic Themes

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2015

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vol. 53

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issue 3

344-353

EN

The policy of renewable energy sources has gained more importance over recent years. The European Union is facing serious challenges regarding greenhouse gas emissions and energy sustainability, followed by the supply security, import dependence and competitiveness as well as the effective implementation of the internal energy market. The energy policy of the European Union is the most effective response to the new situation the member states of the European Union are facing. The EU energy policy aims to cause a new industrial revolution and the growth of the economic energy efficiency with low emissions of carbon dioxide. In order to achieve this, targets have been set for the future. Among them is the increase in the share of production and consumption of renewable energy in the total energy balance.

15

Influence of selected sources of pollutants emissions on the air quality in Cracow

80%

TRELA M.

Central and Eastern European Journal of Management and Economics (CEEJME)

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2016

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issue 4

321-332

EN

The article is an attempt to estimate the emissions of pollutants such as particulate matter (PM), nitrogen oxides (NOx), sulfur dioxide (SO2) and carbon dioxide (CO2) in Cracow in 2015 resulting from the solid-fuel boilers (especially coal fired boilers) and fireplaces and emissions resulting from the operation of road vehicles. Estimated emissions of pollutants were compared with the emissions of plants of significant nuisance to air quality in Cracow. Conclusions have been drawn about the directions of Cracow authority policy in environmental protection.

16

Editors note

80%

Prandecki K.

Przyszłość. Świat-Europa-Polska

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2014

|

issue 2/30/

10-11

17

Organizacja ochrony środowiska w Polsce

80%

Jabłoński M.

Studia Ecologiae et Bioethicae

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2013

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vol. 11

|

issue 3

109-11

EN

The organization of environmental protection in Poland is a result of both the country’s environmental policy, as well as programs connected with its function as part of the European Union. New challenges in the field of environmental protection are determining the way it is handled in Poland and in global policy.

18

Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

80%

Jabłoński M.

Studia Ecologiae et Bioethicae

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2014

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vol. 12

|

issue 2

107-121

EN

The organization of environmental protection in Poland and the European Union is a mutual connection of competencies and a correlation of systems and rights according to national and EU laws. The legal system of the EU is the result of decades of cooperation undertaken by the will of the Member States known as the acquis communautaire. EU law has primacy over national law, which in practice means that in the event of a conflict between the provisions of national law and EU law, the national law is deemed inapplicable and needs to be adjusted by the Member State.

19

Administrative and environmental determinants of Agricultural Policy of the European Union

80%

Jabłoński M.

Studia Ecologiae et Bioethicae

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2013

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vol. 11

|

issue 2

115-130

EN

Development of Agricultural Policy of the European Union is a good example of historical and ideological changes that took place recently in Europe. At first largely socialist it has changed over the decades into a policy which promotes active participation. The increased spending on rural development has increased both awareness and, as a result, compliance with environmental standards.

20

Prawno-administracyjne aspekty utrzymania czystości i porządku w gminach

80%

Jabłoński M.

Studia Ecologiae et Bioethicae

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2013

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vol. 11

|

issue 3

121-130

EN

Maintaining cleanliness and order in municipalities poses a challenge for local governments. In the context of the changing legal and factual contexts they operate in, municipalities are obliged to take action to protect the environment in everything they do. New tasks and challenges for maintaining environmental safety standards can be found at the local level.

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