Podmiotowy i przedmiotowy zakres odpowiedzialności za szkodę powstałą w środowisku w wyniku prowadzenia działalności rolniczej
Loading...
Date
2007
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
Abstract
The paper is an attempt to identify the objective and subjective scope of regulations
related to liability for environmental damage caused by agricultural activity as implemented
by the Act on prevention and repair of environmental damage of 13 April 2007. It
also focuses on the assessment and evaluation of the impact that those regulations have on
how such damages are compensated. Under Polish Constitution each person is responsible
for the worsening of the environment which that person has caused. However, implementation
of this principle in different areas varies, and so does its effectiveness. Agricultural
activity has for long avoided liability for its adverse impact on the environment. Provisions
of the recent Act are not only in line with the constitutional principle but are also an expression
of the implementation of Community law in a Polish act. Consequently, the
compliance of those provisions with the Community legislation is analysed.
Generally speaking, the analysis of the objective and subjective scope of the regulations
implemented in the Act confirms that those regulations have significantly widened
the scope of liability for environmental damage caused by agricultural activity. At the same
time, poor legislative techniques and absence of secondary executive acts render a complex
assessment of the recent provisions impossible, which consequently produces doubts whether
the regulations currently binding fully comply with the Community legislation.
Description
Sponsor
Keywords
Citation
Przegląd Prawa Rolnego, 2007 Nr 2, s. 60-76.
ISBN
978-83-232181-7-3