Protection of the Environment in Polish Constitutional Law in the light of the Jurisdiction of the ECHR

Skwarcan, Maria (2023) Protection of the Environment in Polish Constitutional Law in the light of the Jurisdiction of the ECHR. CENTRAL EUROPEAN ACADEMY LAW REVIEW, 1 (1). pp. 239-255. ISSN 3057-8396

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Abstract

Over the past decades, a global trend of constitutionalising environmental protection has been observed in connection with the attribution to this issue of key importance and value deserving special legal status. This practice has not bypassed the Republic of Poland; the current constitution provides an extensive range of environmental provisions. The aim of the paper is to review the Polish constitutional law in terms of provisions guaranteeing environmental protection. The article presents the specific legal framework and analyses the role of the Polish Constitutional Court in interpreting constitutional provisions. Based on the legal analysis, the author aims to identify best practices and solutions included in the Polish Constitution, as well as to indicate existing shortcomings of environmental regulation with some remarks de lege ferenda. An important part of the paper provides an assessment of the impact of the ECtHR’s case law on the practice and jurisprudence of Polish courts dealing with violations of the right to the environment. In this regard, attention is given to civil cases involving violations of personal rights in the form of health, privacy, and the ability to enjoy life in an uncontaminated environment. The outcome is a consideration of the connections between the construction of the right to the environment and the subjective rights guaranteed by the Polish Constitution.

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