System kaucyjny - analiza prawna

Abstract

The subject of research and analyses undertaken for the purposes of this study are the provisions regulating the deposit system, which were adopted by the Act of July 13, 2023 amending the Act on packaging and packaging waste management and certain other acts. The mentioned provisions entered into force on October 23, 2023 and have not yet been examined by the legal doctrine, therefore the content of these provisions is the main source of the analysis, comments and conclusions. This study first presents the theoretical basis for selecting the criterion according to which the analysis will be conducted. Next, key definitions for the discussed issue are presented. The following parts focus on the characteristics of the participants of the deposit system and the scope of participation in it. Particular attention is paid to the ambiguities and shortcomings of the analyzed provisions that may be faced by the addressees of legal norms. The aim of the study is to comprehensively systematize the title issues. The primary research method used in the work is based on a comprehensive and multi-dimensional analysis of normative material and on the analysis of views of legal doctrine and jurisprudence. The results of the conducted research make it possible to formulate a plausible answer to the question whether the provisions regulating the deposit system have the applicational capacity to effectively implement the provisions of the SUP Directive into the Polish legal order.

Keywords

• Desposit system
• packaging and packaging waste