Search results

Cztery regulaminy porządkowe ustanowione przez podmioty prywatne – raport z badań

Karol Popławski

2015

( 1 )

DOI: 10.7206/kp.2080-1084.91

https:/doi.org/10.7206/kp.2080-1084.91

Abstract

Transfering duties customarly designated for public entities to private entities is a fact. It is connected with delegating on them a part of legal power in creating rights and duties of individuals. A vast majority of their domineeringly will is commonly stated on the grounds of by-laws. By-laws have different form, content and even different function. At the same time, depending only on the will of private entities several times interfere in the freedom and the rights of their addressee. That is why scientifical research concerning their essence and content, including a progressive and complicated process of “privatisation of public safety” seem to be more and more important. On the ground of this research, several by–laws laid down by private entities are being analysed.

Downloads59

Are Polish EIA Experts Still “Competent”? Remarks on the Evolution of the Provisions Regarding Practitioners Involved in the Preparation of Environmental Impact Assessment Reports

Anna Haładyj

2020

( 1 )

DOI: 10.7206/kp.2080-1084.364

https:/doi.org/10.7206/kp.2080-1084.364

Abstract

Environmental impact assessment (EIA) is a tool that allow predicting the environmental
effects of a project. Undoubtedly, the basic element of the EIA is the EIA report: and if so, the question arises who is qualified to prepare the report. The purpose of the study is to present the evolution of the rights of EIA report experts from the 1970s to modern times, presented from the perspective of legal sciences. The implementation of the amended Directive 2011/92 took place from 1 January 2017 by introducing formal education criteria and / or experience for EIA experts, which were softened by the amendment of 19 July 2019. In the study, I put forward the thesis that there is a tendency in Polish legislation
to lower the requirements for EIA experts, which makes national regulation contrary to the spirit of Directive 2011/92. Research methods used in the study include primarily the dogmatic approach, the method of consistent interpretation, and – to a lesser extent – the comparative and historical method.

Downloads193

Czy eksperci są nadal „kompetentni”? – refleksje na temat ewolucji przepisów dotyczących wykonawców raportów o oddziaływaniu na środowisko

Anna Haładyj

2020

( 1 )

DOI: 10.7206/kp.2080-1084.363

https:/doi.org/10.7206/kp.2080-1084.363

Abstract

Environmental impact assessment (EIA) is a tool that allow predicting the environmental effects of a project. Undoubtedly, the basic element of the EIA is the EIA report: and if so, the question arises who is qualified to prepare the report. The purpose of the study is to present the evolution of the rights of EIA report experts from the 1970s to modern times, presented from the perspective of legal sciences. The implementation of the amended Directive 2011/92 took place from 1 January 2017 by introducing formal education criteria and/or experience for EIA experts, which were softened by the amendment of 19 July 2019. In the study, I put forward the thesis that there is a tendency in Polish legislation
to lower the requirements for EIA experts, which makes national regulation contrary
to the spirit of Directive 2011/92. Research methods used in the study include primarily the dogmatic approach, the method of consistent interpretation, and – to a lesser extent – the comparative and historical method.

Downloads243

Krytyka Prawa. Niezależne Studia nad Prawem

Search results