The Aarhus Convention as an object and model for the hierarchical control of norms Cover Image

Konwencja z Aarhus jako przedmiot i wzorzec hierarchicznej kontroli norm
The Aarhus Convention as an object and model for the hierarchical control of norms

Author(s): Michał Łyszkowski
Subject(s): Economy, Law, Constitution, Jurisprudence, Supranational / Global Economy, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, Economic development, Environmental interactions, Administrative Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Aarhus Convention; right to information on the environment and its protection; environmental law; right to a court; Constitution of the Republic of Poland; proceedings before administrative courts

Summary/Abstract: The Aarhus Convention is an international agreement ratified by Poland, the essence of which is the obligation of the parties to introduce into the national legal order solutions guaranteeing access to information relating to the environment, public participation in decision-making processes affecting the state and level of the environmental protection and access to justice in these matters. The powers under the Aarhus Convention, despite its legal rank higher than that of a law, are not used in practice due to the lack of self-enforcement of the Convention. The author’s intention is to indicate potential possibilities of taking its provisions into account in the process of law application by administrative courts and in the process of hierarchical control of norms by the Constitutional Court.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 1-14
  • Page Count: 14
  • Language: Polish
Toggle Accessibility Mode