Normatywne podstawy wprowadzenia do polskiego porządku prawnego koncepcji prawa podmiotowego do życia w czystym środowisku

The research objective of the article focuses on the question whether theregulations currently in force in the Polish legal order provide suffcientgrounds to create the entitlements which constitute the content of the subjective right to live in a clean environment or, on the contrary, the existinglegal norms are of a blanket nature and contain only the proclamation of the will of the legislator as to the scope and manner of introducing such a subjective right on the basis of separate provisions in the future.According to the author, the issue of deriving the legal foundation for thesubjective right to live in a clean environment on the basis of the currentlybinding legal regulations cannot be assessed unambiguously. The existenceof such a right is conditioned by the assumption that a clean environmentpossesses the values of a personal right within the meaning of Article 23 ofthe Civil Code, hence this is the source of creation and scope of this subjective right.The author advocates the concept of subjective right to live in a cleanenvironment which gradually, but consistently and increasingly, paves itsway in the doctrine of law and jurisprudence. The concept provides a solution that is not without merit. Referring to a certain axiological sensitivity itprovides for the civil law protection to previously insuffciently protected areas. Furthermore, it extends the freedom of the courts providing them withexibility in assessing individual cases submitted to arbitration.