The Crystallization of the Derivation of Subjective Rights in Environmental Protection in Culturally mportant Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17
The Crystallization of the Derivation of Subjective Rights in Environmental Protection in Culturally mportant Areas: On the Example of a Commentary to the Judgment of the Supreme Administrative Court of March 15, 2018, II FSK 3579/17

Author(s): Marta Drachal
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Sociology, Environmental interactions, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: environment; culture; health protection; individual rights; local law
Summary/Abstract: This article indicates the possibility of shaping legal interest and subjective rights in the implementation of environmental protection in culturally major areas. Today the analysis of the concept of subjective rights significantly goes beyond its dogmatic understanding characteristic of civil law. The development of science and objective observation of the surrounding world set the directions for the occurrence and application of the subjective law in administrative law and environmental law, nature protection law and monument protection law [Agopszowicz, 1975, p. 54]. Therefore, where we are talking about constitutional values or those reasonably derived from the Constitution of the Republic of Poland, for their comprehensive protection it is necessary to try to define subjective rights in individual problematic cases. The correlation between the subjective right, public interest, private interest and the trial card creates a network of connections, especially visible in the confluence of values protected in areas such as historic health resorts. Environmental protection in historic or culturally major areas plays an important role, if only because of its auxiliary function in the protection of historic tissue. It is obvious that the mild climate changes as well as the analysis and predictability of the biochemical aspects of the environment affect the physical protection of the monument’s structure [Łebkowska, 2001, pp. 335–343; Murzyn-Kupisz, 2009].

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