The objective of this article is to look for the answer to the question of whether the applicable public law regulations contain adequate mechanisms enabling the realisation of the interests of local communities in the transboundary dimension. The background to the considerations will be an analysis of the spatial planning and environmental impact assessment procedures in connection with the planned expansion of the area of the open cast Turów lignite mine.
{"title":"The Interests of Local Communities in the Transboundary Dimension: Considerations on the Dispute Regarding the Turów Lignite Mine","authors":"Renata Kusiak-Winter","doi":"10.2478/wrlae-2023-0015","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0015","url":null,"abstract":"\u0000 The objective of this article is to look for the answer to the question of whether the applicable public law regulations contain adequate mechanisms enabling the realisation of the interests of local communities in the transboundary dimension. The background to the considerations will be an analysis of the spatial planning and environmental impact assessment procedures in connection with the planned expansion of the area of the open cast Turów lignite mine.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140438611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The COVID-19 outbreak forced Slovakia to quickly adapt its bankruptcy legislation and introduce temporary measures to alleviate the pandemic’s economic impact. However, the uptake of these pandemic-specific insolvency provisions remained modest, possibly due to extensive government financial support. As the pandemic wanes, future economic challenges, such as rising inflation and interest rates, may test the durability and effectiveness of these legislative adjustments. This period of regulatory adjustment underscores a broader shift in insolvency laws, signalling a shift towards prioritising business continuity and value in the face of economic crises.
{"title":"Effects of pandemic legislation on Insolvency Law in the Slovak Republic","authors":"Martin Maliar","doi":"10.2478/wrlae-2023-0018","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0018","url":null,"abstract":"\u0000 The COVID-19 outbreak forced Slovakia to quickly adapt its bankruptcy legislation and introduce temporary measures to alleviate the pandemic’s economic impact. However, the uptake of these pandemic-specific insolvency provisions remained modest, possibly due to extensive government financial support. As the pandemic wanes, future economic challenges, such as rising inflation and interest rates, may test the durability and effectiveness of these legislative adjustments. This period of regulatory adjustment underscores a broader shift in insolvency laws, signalling a shift towards prioritising business continuity and value in the face of economic crises.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139894331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article outlines improvements in environment and climate protection in constitutional law and practice all over the world, examining constitutional texts, case law and constitution-like legislation. A legal standing of individuals to defend the environment is increasingly added to programmatic provisions addressed to public authorities. In some cases Nature is granted legal personality. The latter innovation connects well to traditions established in the global South, where it was introduced first, but not so to legal systems of the Occident, where it was recently introduced for the first time. In strictly legal terms the effects of this innovation can also be achieved by classical legal instruments, while its metaphoric dimension promises a change in people’s attitudes towards nature. A second innovation concerns the shift from an anthropocentric to a bio-cultural or ecocentric approach. This would render constitutional law on the environment fully effective and convey a substantive meaning to a personalised concept of Nature. Such a development is, however, uncertain. The rights of Nature risk remaining trapped in anthropocentric categories of subject and object of law when transposed to Occidental legal thinking and practice. To avoid such inadvertent contradictions, the article pleads for reconciling both approaches by seeking more equilibrium in the Human-Nature relationship.
{"title":"Rights of Nature? Shifting Patterns in Environmental Constitutionalism1","authors":"Izabela Jędrzejowska-Schiffauer, Peter Schiffauer","doi":"10.2478/wrlae-2023-0010","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0010","url":null,"abstract":"\u0000 The article outlines improvements in environment and climate protection in constitutional law and practice all over the world, examining constitutional texts, case law and constitution-like legislation. A legal standing of individuals to defend the environment is increasingly added to programmatic provisions addressed to public authorities. In some cases Nature is granted legal personality. The latter innovation connects well to traditions established in the global South, where it was introduced first, but not so to legal systems of the Occident, where it was recently introduced for the first time. In strictly legal terms the effects of this innovation can also be achieved by classical legal instruments, while its metaphoric dimension promises a change in people’s attitudes towards nature. A second innovation concerns the shift from an anthropocentric to a bio-cultural or ecocentric approach. This would render constitutional law on the environment fully effective and convey a substantive meaning to a personalised concept of Nature. Such a development is, however, uncertain. The rights of Nature risk remaining trapped in anthropocentric categories of subject and object of law when transposed to Occidental legal thinking and practice. To avoid such inadvertent contradictions, the article pleads for reconciling both approaches by seeking more equilibrium in the Human-Nature relationship.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses the changes in court jurisprudence regarding the issuance of decisions on development conditions in locating photovoltaic installations. The second important subject of the article is legal changes related to the location of these installations based on the development plan. In both cases, the changes aimed to facilitate the construction of photovoltaic installations. This is a very good direction because it is necessary to develop non-emission energy sources. In addition, the development of photovoltaic installations can be combined with further agricultural use of land.
{"title":"Change in the Jurisprudential Line Concerning the Location of Photovoltaic Installations on the Basis of Decisions on Development Conditions and Change in the Rules of Locating Photovoltaic Installations on the Basis of Local Plans","authors":"Maciej Kruś","doi":"10.2478/wrlae-2023-0014","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0014","url":null,"abstract":"\u0000 The article discusses the changes in court jurisprudence regarding the issuance of decisions on development conditions in locating photovoltaic installations. The second important subject of the article is legal changes related to the location of these installations based on the development plan. In both cases, the changes aimed to facilitate the construction of photovoltaic installations. This is a very good direction because it is necessary to develop non-emission energy sources. In addition, the development of photovoltaic installations can be combined with further agricultural use of land.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While there is scientific consensus on the causes and consequences of climate change, also reflected in international agreements and EU norms obliging states to reduce GHG emissions, domestic legislation has been slow or imperfect in implementing reduction duties. Although climate litigation is not a new phenomenon, a specific strand of climate litigation is now gaining impetus owing to the success garnered in Urgenda and the Klimabeschluss: litigation focusing on states’ omitting to lawfully regulate emission targets. This paper presents the context of novel climate litigation in the face of Russian aggression and the ensuing disincentives to promote ambitious reduction goals, proceeding to describe the arguments and findings in the two landmark cases and their effects on future climate litigation as seen in the example of the climate petition pending before the Hungarian Constitutional Court.
{"title":"The Possible Impact of Urgenda and the Klimabeschluss on Climate Litigation on the Example of the Petition Pending Before the Hungarian Constitutional Court","authors":"P. Láncos","doi":"10.2478/wrlae-2023-0011","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0011","url":null,"abstract":"\u0000 While there is scientific consensus on the causes and consequences of climate change, also reflected in international agreements and EU norms obliging states to reduce GHG emissions, domestic legislation has been slow or imperfect in implementing reduction duties. Although climate litigation is not a new phenomenon, a specific strand of climate litigation is now gaining impetus owing to the success garnered in Urgenda and the Klimabeschluss: litigation focusing on states’ omitting to lawfully regulate emission targets. This paper presents the context of novel climate litigation in the face of Russian aggression and the ensuing disincentives to promote ambitious reduction goals, proceeding to describe the arguments and findings in the two landmark cases and their effects on future climate litigation as seen in the example of the climate petition pending before the Hungarian Constitutional Court.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139894888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Hydrogen Bank is a new platform intended to connect users with producers and stimulate the private sector’s interest in new, environmentally friendly, hydrogen technologies. One of the purposes of this new institution is to reduce the cost difference between hydrogen produced in accordance with the guidelines of the delegated acts of the REDII (renewable hydrogen) and hydrogen produced from fossil fuels, and to increase the predictability of producer incomes. The institution is also designed to play a coordinating role, for instance, by collecting information on demand and supply, providing transparent information on prices and developing hydrogen market price benchmarks. The bank is expected to become operational by the end of 2023. Particular emphasis is put on the financing of projects that contribute to the objectives of the European Green Deal, such as decarbonisation of industrial sectors that are difficult to electrify. The EHB is a key tool for driving the development and deployment of hydrogen technologies from renewable sources across the European Union. By providing financial support for hydrogen projects and supporting cooperation between EU Member States, the EHB can streamline the transition to a green hydrogen economy and contribute to Europe’s climate and energy objectives.
{"title":"The European Hydrogen Bank as an Element of Support for the EU Hydrogen Strategy","authors":"Hanna Małgorzata Spasowska","doi":"10.2478/wrlae-2023-0006","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0006","url":null,"abstract":"\u0000 The European Hydrogen Bank is a new platform intended to connect users with producers and stimulate the private sector’s interest in new, environmentally friendly, hydrogen technologies. One of the purposes of this new institution is to reduce the cost difference between hydrogen produced in accordance with the guidelines of the delegated acts of the REDII (renewable hydrogen) and hydrogen produced from fossil fuels, and to increase the predictability of producer incomes. The institution is also designed to play a coordinating role, for instance, by collecting information on demand and supply, providing transparent information on prices and developing hydrogen market price benchmarks.\u0000 The bank is expected to become operational by the end of 2023. Particular emphasis is put on the financing of projects that contribute to the objectives of the European Green Deal, such as decarbonisation of industrial sectors that are difficult to electrify. The EHB is a key tool for driving the development and deployment of hydrogen technologies from renewable sources across the European Union. By providing financial support for hydrogen projects and supporting cooperation between EU Member States, the EHB can streamline the transition to a green hydrogen economy and contribute to Europe’s climate and energy objectives.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study attempts to analyse and provide details about the phenomenon of energy poverty in Poland and Polish, especially by characterizing the issue from a factual and legal point of view. Therefore, it focuses both on the meaning of energy poverty existing in research and its reflection in the legal system by linking it with the concepts of energy safety and the right to energy and power resources. The suitability of the normative separation of the phenomenon of energy poverty shows its interrelation with the public interest, which makes it the responsibility of administrative authorities, especially the self-government in communes, to counteract the issue. It also determines a new role of communes and extends the scope of tools introduced to rectify the situation of residents suffering from energy poverty. At the same time, it also burdens communes with new responsibilities (i.e., providing financial support to residents and balancing the need to combat energy poverty with other values and obligations, such as environmental protection). It also aggravates the existing multi-faceted nature of energy poverty and its effects.
{"title":"The Energy Poverty in Poland and Polish Communes","authors":"Aleksandra Puczko","doi":"10.2478/wrlae-2023-0008","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0008","url":null,"abstract":"\u0000 This study attempts to analyse and provide details about the phenomenon of energy poverty in Poland and Polish, especially by characterizing the issue from a factual and legal point of view. Therefore, it focuses both on the meaning of energy poverty existing in research and its reflection in the legal system by linking it with the concepts of energy safety and the right to energy and power resources. The suitability of the normative separation of the phenomenon of energy poverty shows its interrelation with the public interest, which makes it the responsibility of administrative authorities, especially the self-government in communes, to counteract the issue. It also determines a new role of communes and extends the scope of tools introduced to rectify the situation of residents suffering from energy poverty. At the same time, it also burdens communes with new responsibilities (i.e., providing financial support to residents and balancing the need to combat energy poverty with other values and obligations, such as environmental protection). It also aggravates the existing multi-faceted nature of energy poverty and its effects.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of this article is the issues related to the obligation to implement into Polish law the provisions of the European Union (EU) law concerning citizen energy communities (CECs) and renewable energy communities (RECs), contained in Directives 2019/944 and 2018/2001. The method of implementing the provisions of EU law into Polish law is to be based on the establishment of a single set of regulations, as provided for in the draft Act amending the Energy Law and certain other Acts of 26 January 2023 (draft No. UC74 developed by the Ministry of Climate and Environment). It is to include regulations relating to both types of communities (CECs and RECs), but to use only one name – CECs. The article presents and critically analyses the proposed regulations and the adopted method of their allocation in the acts of Polish law.
{"title":"The Implementation of EU Legislation on Energy Communities into Polish Law","authors":"Piotr Lissoń","doi":"10.2478/wrlae-2022-0009","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0009","url":null,"abstract":"\u0000 The subject of this article is the issues related to the obligation to implement into Polish law the provisions of the European Union (EU) law concerning citizen energy communities (CECs) and renewable energy communities (RECs), contained in Directives 2019/944 and 2018/2001. The method of implementing the provisions of EU law into Polish law is to be based on the establishment of a single set of regulations, as provided for in the draft Act amending the Energy Law and certain other Acts of 26 January 2023 (draft No. UC74 developed by the Ministry of Climate and Environment). It is to include regulations relating to both types of communities (CECs and RECs), but to use only one name – CECs. The article presents and critically analyses the proposed regulations and the adopted method of their allocation in the acts of Polish law.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139893725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Public authorities should pursue a policy ensuring ecological security for present and future generations. Furthermore, the protection of the environment is the responsibility of public authorities. Environmental protection means all activities and instruments counteracting the deterioration of the environment; it is particularly important in this respect to counteract the negative effects of environmental degradation on health. Under Polish law, climate protection law is one of the most intensively developing areas of public law. This is because the responsibility for environmental protection should lie with the state, as it has all the tools to achieve this goal. In Poland, climate protection issues have found their rightful place in public discourse. Stopping climate change is now covered by a multi-level public policy, in which the leading role is assigned to administrative law regulations. The development of electric vehicles has a significant impact on the decarbonisation of transport, which mainly relies on diesel and petrol. The popularisation of green vehicles requires strategic management of demand for petroleum-based fuels, which is undoubtedly a public task.
{"title":"Development of Electromobility in Poland as a Way to Reduce the Negative Impact of Land Transport on the Climate","authors":"Małgorzata Kozłowska","doi":"10.2478/wrlae-2023-0004","DOIUrl":"https://doi.org/10.2478/wrlae-2023-0004","url":null,"abstract":"\u0000 Public authorities should pursue a policy ensuring ecological security for present and future generations. Furthermore, the protection of the environment is the responsibility of public authorities. Environmental protection means all activities and instruments counteracting the deterioration of the environment; it is particularly important in this respect to counteract the negative effects of environmental degradation on health. Under Polish law, climate protection law is one of the most intensively developing areas of public law. This is because the responsibility for environmental protection should lie with the state, as it has all the tools to achieve this goal. In Poland, climate protection issues have found their rightful place in public discourse. Stopping climate change is now covered by a multi-level public policy, in which the leading role is assigned to administrative law regulations. The development of electric vehicles has a significant impact on the decarbonisation of transport, which mainly relies on diesel and petrol. The popularisation of green vehicles requires strategic management of demand for petroleum-based fuels, which is undoubtedly a public task.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of this article is the issues related to the obligation to implement into Polish law the provisions of the European Union (EU) law concerning citizen energy communities (CECs) and renewable energy communities (RECs), contained in Directives 2019/944 and 2018/2001. The method of implementing the provisions of EU law into Polish law is to be based on the establishment of a single set of regulations, as provided for in the draft Act amending the Energy Law and certain other Acts of 26 January 2023 (draft No. UC74 developed by the Ministry of Climate and Environment). It is to include regulations relating to both types of communities (CECs and RECs), but to use only one name – CECs. The article presents and critically analyses the proposed regulations and the adopted method of their allocation in the acts of Polish law.
{"title":"The Implementation of EU Legislation on Energy Communities into Polish Law","authors":"Piotr Lissoń","doi":"10.2478/wrlae-2022-0009","DOIUrl":"https://doi.org/10.2478/wrlae-2022-0009","url":null,"abstract":"\u0000 The subject of this article is the issues related to the obligation to implement into Polish law the provisions of the European Union (EU) law concerning citizen energy communities (CECs) and renewable energy communities (RECs), contained in Directives 2019/944 and 2018/2001. The method of implementing the provisions of EU law into Polish law is to be based on the establishment of a single set of regulations, as provided for in the draft Act amending the Energy Law and certain other Acts of 26 January 2023 (draft No. UC74 developed by the Ministry of Climate and Environment). It is to include regulations relating to both types of communities (CECs and RECs), but to use only one name – CECs. The article presents and critically analyses the proposed regulations and the adopted method of their allocation in the acts of Polish law.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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