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Does the Polish Constitution provide for a public subjective right to a clean (healthy) environment?

Start of the event

2022. 09. 30.

End of the event

2022. 09. 30.

Venue

Online

The event promoting the Central European Professors’ Network coordinated by the University of Miskolc – Central European Academy was a conversation between one of the members of the above Network – Professor Bartosz Majchrzak (the Cardinal Stefan Wyszyński University in Warsaw, Poland) with a former judge of the Polish Constitutional Court Professor Zbigniew Cieślak and an expert of this court – assistant judge specializing in case law, Professor Aleksandra Syryt. The subject matter of the talks was the possibility to derive the so-called public subjective right to the environment being in an appropriate state, i.e. clean, healthy, ecologically safe or generally – optimal in terms of nature – from the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483, as amended; hereinafter the “Constitution”). In particular, an attempt was made to answer the following questions: 1) What is the constitutional (public) subjective right? 2) In which cases does the Constitution form the basis for deriving a subjective public right ? 3) Are there any grounds in the Constitution for distinguishing a public subjective right to a clean (healthy) environment ? 4) What legal consequences (would) arise if ‘everyone’s right to live in a clean (healthy) environment’ were provided for in the Constitution?

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Presenters

Prof. Zbigniew Cieślak
Prof. Aleksandra Syryt

Moderators

Bartosz Majchrzak

Themes

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