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Prawo do korzystania z czystego środowiska a zanieczyszczenie powietrza w Polsce

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Sakson-Boulet A.

Przegląd Zachodni

2020

issue 4 (377)

147-166

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.

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1 Przegląd Zachodni

1 Sakson-Boulet A.

1 2020

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Prawo do korzystania z czystego środowiska a zanieczyszczenie powietrza w Polsce