Przełamanie reguły prewencyjnego prowadzenia oceny środowiskowej przedsięwzięcia jako przejaw ochrony interesów jednostki (inwestora)
Breaking the Rule of Preventive Environmental Assessment of Investments as a Manifestation of Protecting the Interests of the Individual (Investor)

Summary/Abstract: The publication discusses the issue of the possibility of conducting an environmental impact assessment for a project already implemented or being in the implementation phase.The assessment serves as an instrument of preventive verification of the investment project. Its role is to gather all possible for eseeable effects of the investment at the earliest possible stage. Then, on the basis of the assessment results, the conditions for the investment implementation are determined. Therefore, in accordance with legal provisions, it should be carried out before obtaining decisions authorizing its implementation. In this context, there are issues of admissibility of the assessment procedure and determination of the implementation conditions for the project already started. This issue becomes very important when the investment is carried out without the required permit, and the investor tries to legalize it. In the publication with reference to various positions of practice expressed in the interpretations of public administration bodies and court judgments, the view is presented about the possibility of conducting the assessment procedure also for the construction project already begun. Such a legal condition, provided that the correctness of the course of the procedure for assessing the environmental impact of a project is ensured, guarantees equal protection of the individual’s rights, that is the investor and protection of the common good, which is the environment.

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