Prawo do korzystania z czystego środowiska a zanieczyszczenie powietrza w Polsce

• Authors: Sakson-Boulet Anna

Title variants

EN

The right to use a clean environment and air pollution in Poland

• Languages of publication: PL EN

Abstracts

EN

In Poland, normative levels of air pollution concentrations have not been maintained for years. Citizens who are concerned about the deteriorating quality of life and their safety have filed lawsuits against the State Treasury for damages in connection with inadequate measures taken to reduce smog. It was assumed that the achievement of the research objectives would be made possible by answering the following research questions. Firstly, does the right to use air free of pollution constitute a human right in the light of international agreements to which Poland is a party? Secondly, does Polish legislation specify a personal good consisting in the non-economic use of air that meets normative standards? A further relevant issue to be examined is whether Poles consider it important to protect a value in the form of clean air. The aim of the article is to investigate whether Polish citizens have the right to enjoy the advantages of a clean environment, particularly regarding one of its main components – the atmosphere, and to pursue this right in court. The considerations lead to the conclusion that the law stating that the use of clean air which meets normative standards is a subjective human right and a personal right protected by the provisions of the Civil Code. The method of legal analysis was primarily used to achieve the purpose of the research.

Keywords

EN

human right to the environment; personal right to clean air; enjoying the benefits of clean air; air pollution; Poland

• Publisher: Instytut Zachodni. Instytut Naukowo-Badawczy im. Zygmunta Wojciechowskiego w Poznaniu
• Journal: Przegląd Zachodni
• Year: 2020
• Issue: 4 (377)
• Pages: 147-166

Contributors

author

Sakson-Boulet Anna

• Wydział Nauk Politycznych i Dziennikarstwa, Uniwersytet im. Adama Mickiewicza w Poznaniu