The Right to a Clean Environment as a Personal Interest and the Possibility of Effective Enforcement of Judgements in this Area
The Right to a Clean Environment as a Personal Interest and the Possibility of Effective Enforcement of Judgements in this Area
Author(s): Aleksandra Knap, Joanna Studzinska, Bartłomiej Nowak, Joanna BuchalskaSubject(s): Human Rights and Humanitarian Law
Published by: Akademia Leona Koźmińskiego
Keywords: clean environment; clean air; personal interest; claims; enforcement; Treasury
Summary/Abstract: The article discusses the matter of the right to a clean environment and clean air as a personal interest and the possibility of enforcing judgements issued in this area. The authors of the paper address the controversial issue of the classification of this right, analysing whether it can be considered a personal interest directly associated with a natural person. It is also important to identify the relevant entity representing the defendant in such cases, especially when the defendant is the Treasury. In order to pursue claims on the grounds of violations of the right to clean air, it is necessary to determine the guilt of a specific perpetrator. The paper discusses examples of Polish and European cases where rulings have been made on the matter of the right to a clean environment and clean air. These considera-tions become the grounds for determining what rulings can be made and whether they can be effectively enforced.
Journal: Krytyka Prawa
- Issue Year: 16/2024
- Issue No: 3
- Page Range: 45-62
- Page Count: 18
- Language: English