Dyfuzja i interferencja – o prawie ochrony środowiska i jego granicach słów kilka
Diffusion and interference – a few words on Environmental Law and its boundaries

Summary/Abstract: Doctrinal findings allow for the recognition of both external and internal boundaries within environmental law. At the same time, scholarly literature increasingly observes an unprecedented degree of diffusion and interference of legal institutions originating from other branches of law into the field of environmental law. For the purpose of describing these normative phenomena, this study advances the thesis that environmental law constitutes a domain lacking clearly defined internal boundaries – both within administrative law and within the legal system as a whole – and is particularly susceptible to the processes of diffusion and interference. The absence of strict boundaries may enhance the adequacy of the norms proposed by the legislator in achieving the objectives of environmental law. To substantiate this thesis, the study employs the dogmatic-legal (linguistic-logical) method, based on analyses of legal texts. The analyses lead to the conclusion that the diffusion of solutions characteristic of civil law, as well as the blurring of boundaries (interference) with public economic law, contribute to increasing the effectiveness of legal regulation, provided that the axiological identity of environmental law is preserved at its intersection with other branches of law.

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