Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. I)
Selected aspects of reconstruction of purposes in waste management law” (p. I)

Summary/Abstract: Although presented in many different ways in legal regulations themselves, waste management law purposes play a significant role in a legal norm reconstruction. They usually determine the choice of the management method assigned to a given waste stream and the form of protective measures to take. In the case of waste, one classified as hazardous in particular, incorrect reconstruction of the objectives of a given legal regulation may have measurably negative consequences, not only for the environment but above all for human life and health. The legal institutions regulating waste management that exist in the domestic legal system recurrently refer to the objectives and other values of the EU law. Thus they become an element of a broader European mechanism of environmental protection. The importance of values and, in many cases, the over-national character of the objectives strengthens the position of extra-linguistic directives in the process of interpreting the provisions of waste management law. This trend gets also reinforced by significant systemic changes currently taking place in this particular area of law, which is based on a complete re-evaluation of the principles of waste management through the construction of a closed-cycle economy system. The derivational concept of law interpretation, authored by Maciej Zieliński, due to its specific interpretative features, may be regarded as a crucial tool in the process of reconstructing the purpose of a legal norm in this intensely changing legislative area. The inspiration to discuss the issue brought up in the article is the demand, which has been raised for some time by legal dogmatics, to combine the theoretical-legal reflection with the problems of exact legal sciences as often as possible.

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