ecological security

  • Prawo do godnej przyszłości oraz prawo do życia w czystym powietrzu w świetle wartości i zasad konstytucyjnych

    Author: Anetta Breczko
    Institution: Uniwersytet w Białymstoku
    ORCID: https://orcid.org/0000-0003-4856-5396
    Year of publication: 2021
    Source: Show
    Pages: 419-430
    DOI Address: https://doi.org/10.15804/ppk.2021.05.33
    PDF: ppk/63/ppk6333.pdf

    Right to a future consistent with human dignity and right to clean air in light of constitutional values and rules

    This article is concerned with the right to a future consistent with human dignity and the right to clean air. Environmental protection is one of the constituents of ecological security. Actions taken to ensure ecological security and protection of natural environment are multidimensional in character. They pertain to not only the duties of public authority but they also strongly affect the area of rights and liberties of an individual. The right to environment of adequate quality is a fundamental human right. Public authorities should strive to improve the present state of the environment and direct its subsequent development such that current as well as future generations can lead a dignified life. The right to clean air ought to be interpreted as a personal right resulting from constitutional values and rules.

  • “Effective” Air Quality Plan and Constitutional Guarantees of Ecological Security

    Author: Karolina Karpus
    Institution: Nicolaus Copernicus University in Toruń
    ORCID: https://orcid.org/0000-0002-3575-7949
    Year of publication: 2021
    Source: Show
    Pages: 467-477
    DOI Address: https://doi.org/10.15804/ppk.2021.06.37
    PDF: ppk/64/ppk6437.pdf

    Ecological security is a state in which air quality compliant with the standards of air protection is ensured for members of society. An air quality plan is a legal instrument serving the restoration of air quality to the level required by law as soon as possible in case of the emergence and the persistence of exceedances of such standards. Members of society fearing the influence of bad quality air on their health have the right to demand judicial control of the effectiveness of such a plan. The possibility of demanding the restoration of ecological security in such a way results from the guarantees given them at the constitutional and EU level. National courts in Poland, which is an EU Member State, are obliged to respect those guarantees.

  • Konstytucyjny obowiązek prowadzenia polityki zapewniającej bezpieczeństwo ekologiczne współczesnemu i przyszłym pokoleniom

    Author: Katarzyna Szwed
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-2755-2804
    Year of publication: 2022
    Source: Show
    Pages: 65-77
    DOI Address: https://doi.org/10.15804/ppk.2022.03.05
    PDF: ppk/67/ppk6705.pdf

    The Constitutional Obligation Pursue Policies Ensuring the Ecological Security of Current and Future Generations

    The subject of the analysis in the publication is Art. 74 sec. 1 of the Constitution of the Republic of Poland. According to this article, public authorities are obliged to pursue a long-term environmental policy that not only meets current needs, but also recognizes the right of future generations to live in a healthy environment. The publication contains a general discussion of constitutional regulations relating to the environment, and then presents the views of doctrine and jurisprudence within the scope of understanding the term “ecological security” used in Art. 74 sec. 1. The consequences of the obligation to conduct a policy ensuring ecological security for present and future generations were discussed. Finally, reference was made to current problems and challenges resulting from concern for the condition of the environment in Poland.

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