Głośne dzwony kościelne jako szkodliwe oddziaływanie na środowisko w niemieckim porządku prawnym. Kilka uwag
Loud church bells as a harmful environmental impact on the German legal order. Some remarks

Summary/Abstract: The author analyses the issue of protection against noise in the German legal order. He addresses the problem of legal conditions in which the criteria for assessing the admissibility of sound immissions emitted by church bells that are used for liturgical purposes have been formed in the case-law of administrative courts. In the author’s opinion, the aforementioned conditions have a very complex character. They result from how the Basic Law has shaped the legislative competence of the Federation in the field of noise control, the nature of the legal norms defining the noise limits issued based on the Law of 15 March 1974 on protection against harmful effects on the environment, the provisions of the German constitution enunciating the guarantees of freedom of religion, conscience and worldview, and the criteria developed in the case law for assessing the admissibility of noise. The author points out that the Environmental Protection Act is, according to the German constitution, a source of restrictions on the freedom of religion, conscience and worldview and analyses the impact of the criteria for assessing the admissibility of sound emissions on the freedom of religion, conscience and worldview.

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