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.

Gloss to Judgement of the Supreme Court of 28 May 2021, file ref. no. III CZP 27/20

The glossed resolution has a significant impact on the catalogue of legal measures for environmental protection. Since the personal and collective dimensions of environmental protection are not in conflict, and the related private and public interests are based on a common value as the environment, seeking protection of individual rights threatened or violated as a result of environmental impact may constitute an important means of indirect legal protection of the environment and its resources, competitive to direct measures taken in the public interest. However, the reasoning of the Supreme Court indicated in the justification of the resolution raises certain doubts and may have significant consequences for the manner of interpretation of the provisions of the environmental protection law system.