Podmiotowy i przedmiotowy zakres odpowiedzialności za szkodę powstałą w środowisku w wyniku prowadzenia działalności rolniczej
Wydawnictwo Naukowe UAM
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.
Przegląd Prawa Rolnego, 2007 Nr 2, s. 60-76.