Ecological Safety and Waste Management in the Light of the Constitutional Law

This article is an attempt to present the relationship between constitutional law, ecological security and management of waste. The constitution of the Republic of Poland treats the duty of the protection of the natural environment like very important part of the policy of state. The public authorities shall pursue policies ensuring the ecological security, but the Constitution don’t explain how this duty should be realized. This problem on base of constitutional law is very complex, because the regulations of the Constitution are very general and concern on the one hand the duties of the public authorities and on the second hand – the human rights. First, it needs to explain what is the obligation of public authorities to ensure ecological security and how the public authorities should realize this duty, especially on the area of management of waste. Second problem is the essence of the right to ecological security. This right was classified like social right. This form of classification affects the method of implementation this right and the level of protection. The last problem is the influence of EU law into national law and the changes of polish law in this area.

The author analyses the manifestations of cities’ growing role for ensuring the national/international as well as environmental and human security. Cities of today increasingly participate in international relations – they internalize, implement and enforce international law, sometimes independently of their States’ international legal obligations, for example when they pledge to implement human rights conventions or environmental law obligations that their own States did not pledge to fulfill. In this way they contribute to international peace and security. On the basis of those manifestations, the author attempts to explain the possible position of cities on the international plane and according to international law – whether they should be accorded greater autonomy or international legal personality. The author also indicates that the role of cities in the area of different aspects of security is growing.

Dynamic changes in the European climate policy are aimed at a drastic reduction of CO2 emissions. The Union’s policy has several social, economic, and political consequences. Therefore, it is subject to assessment from the perspective of the legal order, including the constitutional order of the Member States. Therefore, a question arises as to the compliance of the “Green Deal” policy with the Polish constitution. It can be very troublesome to answer them positively. The EU policy is not only implemented in the interest of the whole world, and its effectiveness is uncertain, if only due to the need for cooperation of the entire international community. An additional challenge may be the quite evident departure from the principle of sustainable development in favor of climate protection. Although the given questions are troublesome, they deserve attention and noticing an apparent collision.

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.

On March 24, 2021, the First Senate of The German Federal Constitutional Court issued that part of the Federal Climate Change Act of December 12, 2019 (Federal Law Gazette I, p. 2513) must be deemed contrary to Basic Law. The fundamental reason underlying his conclusion was the failure of the federal legislator and the Federal Government to take suitable and prospectively sufficient measures to decrease greenhouse gasses (predominantly CO2) emissions. The Tribunal interpreted Art. 20a of the Basic Law, in conformity with the principle of intergenerational equity. By anchoring his reasoning in that concept, the Tribunal turned into an unclear and controversial path. It may serve to enhance radical political changes. However, on the other hand, it may also undermine the green change.

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.

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.