Decyzja o wstrzymaniu użytkowania dużego obiektu energetycznego spalania– ważenie interesu publicznego i prywatnego
Decision to suspend the use of a large combustion plant – weighing of public and private interest

Summary/Abstract: The purpose of the article is to analyze to what extent and whose interest should the environmental protection inspection body be guided by when deciding to suspend the use of a large combustion plant installation. Only proceedings based on Article 367 EPL, due to the fact that the optional nature of this proceeding, combined with the possibility of setting an additional deadline to remove violations only at the request of a party, raises doubts of the authors of this article regarding the weighing of public and private interests. In the analyzed proceedings, the public interest manifested in the obligation to protect the environment included in Article 5 and 74 of the Polish Constitution is opposed to private interests, expressed mainly in Article 20–22 and 31 of the Polish Constitution, namely the principles of private ownership and freedom of economic activity. The environmental protection inspection body must always make a thorough analysis by applying the facts of the case to the guidelines contained in the abovementioned articles of the Polish Constitution, which pull the decision in opposite directions. The authors of this article indicate that, in particular in the case of large combustion plants, the interest of the users of these installations suffers unjustified damage manifested in the specificity of the procedure for the proceeding to suspend the use of installations based on Article 367 EPL.

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