Restriction of public subjective rights to use the environment and freedom of economic activity – concessions and permits

Abstract

Public subjective rights, as all rights and freedoms set out in the Polish legal order can, in principle, be restricted. Freedom of economic activity is a public subjective right regulated by the standards of the Constitution. In turn, the public subjective right to use the environment was regulated by the provisions of Article 4 of the Environmental Protection Law. In such a legal environment, concessions and permits treated as a restriction of public subjective right of constitutional rank can at the same time be limitations to the public subjective rights provided for in the relevant statutes. It should be noted that the less strategic the sphere of life of the state and citizens is, the gentler the form of restriction. It should be borne in mind, however, that the strategic importance of the state’s or citizens’ activity cannot be determined in isolation from the state’s obligation to protect the environment. This may also be applied to other legal goods, including the environment. However, special care is required in application with reference to the latter. Concessions and permits affect the enjoyment of public subjective right to the environment, both by entities engaged in a business activity and those affected by the said activity. This impact may differ and depends on whether a given permit or concession is granted or refused. However, both granting or refusing to grant them will result in restrictions of public subjective rights to use the environment.

Keywords

• public subjective rights to the environment
• freedom of economic activity
• environment
• concessions
• permits