Konstytucyjne prawo do czystego powietrza? Normatywne podstawy kontroli działań władzy publicznej w walce ze smogiem
Constitutional Right to Clean Air? Normative Basis for Control of the Actions of Public Authorities in the Fight Against Smog

Summary/Abstract: The paper is devoted to the possibilities, arising from the 1997 Constitution of the Republic of Poland, for citizens to influence the actions or lack of effective actions of public authorities against the problem of air pollution, in simplified terms often referred to as the “smog problem”. Our goal is to assess whether, on the basis of the Constitution, we can talk about the right to a clean environment at all, and whether there are citizens’ rights and corresponding actualizable obligations of the relevant public authorities in the fight against smog. In other words: whether the provisions of the Constitution, in principle, can be used by citizens to compel public authorities to take appropriate action aimed at effectively countering the phenomenon of air pollution. In the case of a positive answer to the question posed in this way, we will try to consider whether the actions or omissions of the authorities in this area can be subject to judicial control (including constitutional review) initiated by individuals. The identification of possible substantive criteria and procedural tools for the assertion by individuals of a possible right to clean air may be helpful in litigation intended to lead to the realization of this right.

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