Selected issues of legal soil protection
Selected issues of legal soil protection

Summary/Abstract: This article aims to answer the question of whether the solutions adopted in EU and national legislation serve to protect soil health. Although the issues discussed have been addressed by the EU legislator, a uniform legal framework for soil protection has yet to be developed. The "soil monitoring law" directive currently under consideration is of fundamental importance. In national legislation, the local spatial development plan has remained the primary legal instrument for the prevention of soil degradation for many years. Soils that are properly classified are subject to qualitative (bonitation) classification and are thus formally designated as agricultural land. This is the reference point for determining pollution and remediation measures. Ultimately, the authors conclude that a holistic approach to soil protection is still lacking. While the current regulations contain provisions for soil protection, but they imperfect and operate selectively, often disregarding public interest and environmental considerations.

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