Cele klimatyczne w działalności przedsiębiorców – o zapomnianych prawnych instrumentach zarządzania środowiskowego
Climate goals in the activities of entrepreneurs and other organisations – about forgotten legal instruments of environmental management

Summary/Abstract: The global warming we are witnessing has real social, including economic, consequences thataffect us all. We all need to be involved to some extent and to some degree in climate protectionand the fight against climate change. This applies to individuals as well as organizations,including those not involved in the economic use of the environment. Hence, climate objectivesappear in the activities of businesses, among others. It is worth considering what instrumentscan be used by organizations, including entrepreneurs, to increase the greening of their climaterelatedactivities. Are there, and how, legal instruments in place to support the climate-friendlyactivities of organizations?This text focuses at the evolution of environmental law from species-based nature conservationto climate law. It also addresses the concept of climate law and its relationship to lawof the climate and climate protection law. An attempt is made to indicate the place of climateobjectives among the objectives of organizations, primarily entrepreneurs. As these goals aremost often non-mandatory, it is worth considering where in the organization’s plans they mightappear and why. The case study of specific entrepreneurs, such as public companies of the StateTreasury and local government units, is also included here. The author hypothesises that environmentalmanagement systems are an effective instrument for achieving climate goals in anorganization. After explaining the general relations of management, environmental managementand environmental management systems, the possibilities that these systems give to anorganization in terms of environment and climate are indicated, as well as proposals for actionsthat could make this instrument more widespread among entrepreneurs.The analysis leads to conclusions de lege lata and postulates de lege ferenda, e.g. regardingthe need to create incentives for entrepreneurs to participate in voluntary environmental managementsystems in the form of exemption from part of the fees or selected procedures, extensionof the periods for which administrative decisions are granted. Such incentives do not existin Polish law, nor is there extensive information activity on the opportunities offered by EMASor environmental management in general. The legislator and the government administrationseem to forget about the interesting economic and legal instruments they have at their disposal,thus weakening the inclination of entrepreneurs to take climate objectives into account in theiractivities.

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