Abstract
This article attempts to synthetically discuss the right to live in a clean environment through the prism of the regulations on personal interests. The aim is to bring this issue closer to the Czech reader, which could be a contribution to the international academic discussion in this field. First, the author points to the socio-economic background of the current poor air quality in Poland, and then goes on to try to define a personal good and a clean environment. She then presents the relevant case law and the position of the legal scholarship in this respect, with a simultaneous attempt to determine the consequences of any discrepancies.
Highlights
The importance of air protection, especially in the context of the current, highly scrutinized, climate change[2] from the global perspective, and its impact on health,[3] is indisputable
It is difficult to avoid the impression that the Polish lawmaker is confining air protection to creating new legal regulations, which are neither effective nor efficient, while the appropriate direction of change should consist of; a) the creation of new legal regulations, which are effective rules which function within a particular socio-economic reality, assuming extensive and strong integration and cooperation of activities between authorities and b) emphasising the importance of sustainable development,[8] in the context of environmental, and of socio-economic, issues, as a basis for action in the development of a legal model for air protection.[9]
This article has aimed to familiarise the reader with the issue of clean air, currently being discussed in Poland in the context of the protection of subjective rights
Summary
The importance of air protection, especially in the context of the current, highly scrutinized, climate change[2] from the global perspective, and its impact on health,[3] is indisputable This issue is all the more important from the research perspective, as there are legal instruments in Poland (more and more extensive every year), which are intended to affect this protection. Since the author mentioned the socio-economic situation, at least a short observation is necessary on its strong connection with the poor air quality in Poland This situation has been the result of several deep-rooted systemic problems: the high dependence of the national economy on fossil fuels, the low use of energy from renewable sources (especially wind power), the so-called low-stack emissions (sometimes strongly connected with energy poverty), and the low use of electromobility.[10]. The decarbonisation process, especially in Upper Silesia (currently the largest mining centre in Europe) will have to mean a very-profound energy, economic, and social transformation, which must be based on a well-thought-out, comprehensive, and socially agreed “just transition plan”, which in turn implies the need to create effective legal norms
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