An Integrated Permit As The Legal Measure For Environmental Protection Cover Image

An Integrated Permit As The Legal Measure For Environmental Protection
An Integrated Permit As The Legal Measure For Environmental Protection

Author(s): Jerzy Stelmasiak, Ewelina Iwanek-Chachaj
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: environment; permit; administrative decision; integrated prevention; integrated permit; principle of integrity; best available techniques

Summary/Abstract: The integrated permit is a legal instrument that ensures implementation of the European principles of environmental protection without resignation from economic and social development. It is a typical administrative decision that has to fulfill general and specific requirements defined in the Environmental Protection Law. It should be emphasized that the procedure of issuance of an integrated permit is connected with procedure regarding the assessment of impact on the environment. Usually installations covered by the IPPC - permits are projects that might always have a significant impact on the environment or they are qualified as such projects. The procedure regarding the assessment of impact on the environment is a separate procedure in relation to the procedure about issuance of the IPPC-permits. Difficulty of law application is connected with incorrect transposition of European legal regulations regarding list of investment projects that need to be submitted to procedure of the assessment of impact on the environment. It should be noticed that public participation in the procedure of issuance of the IPPC-permits and assessment of impact on the environment ensures transparency of administrative proceeding and control at the stage of decision making. The administrative proceedings about issuance of the integrated permit is a subject to legal control. The issues concerning IPPC-permits are brought to the administrative court as a litigation upon prior lodging of an appeal of an IPPC decision.

  • Issue Year: 2010
  • Issue No: 2
  • Page Range: 121-128
  • Page Count: 8
  • Language: English