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Zasady wycinki drzew przydrożnych - Uwagi na tle wniosku Prezesa NIK do TK

100%

Łyszkowski M.

tom 62

nr 4 (375)

33-48

Due to the loss of legal validity of the regulation, the Constitutional Tribunal discontinued the proceedings on the motion by the President of the Supreme Audit Office to examine the compliance – with Article 2, Article 5 and Article 31 (3) of the Constitution of Poland – of Article 83 (3) of the Act of 16th April 2004 on nature protection in the scope in which the consent to fell a roadside tree depended on replacing it with other trees or bushes, with the number of the latter being not lower that the number of felling trees. According to the President of NIK, this regulation contravened the following constitutional principles: sufficient definition of the law stemming from the principle of a democratic state of law; sustainable development; proportion. Taking into account the concern of the President of NIK for the life and health of road users and the state authorities’ obligation to provide protection of the environment, in the situation when subsequent amendments to the Act on nature protection did not solve the issue of roadside trees, the author presents the charges included in the motion to the Constitutional Tribunal, and he attempts to assess their legitimacy.

Zasady finansowania placówek służby zdrowia – uwagi na tle wyroku Trybunału Konstytucyjnego

100%

Łyszkowski M.

tom 65

nr 1 (390)

110-123

For many years, self-governments have been objecting, also at the Constitutional Tribunal, against the obligation to maintain health services. The Tribunal has judged these objections as justified with regard to the cases indicated in the application of the Mazowieckie Region. This can be a landmark judgement, of high importance not only to the financing of public healthcare centres, but also to the other areas that lie, by decision of the legislative branch, with the self-government units. It will be now more difficult to make the self-governments charged with the costs of reforms rela-ted to changes in the legal regulations, and to expect them to cover the related costs. The judgment of the Tribunal confirmed the importance of cooperation among the public institutions and, in this case, the opportunity to refer to the data collected du-ring numerous NIK’s audits.

Odory jako prawny problem gospodarki odpadami - nowe definicje pilnie potrzebne

100%

Łyszkowski M.

Kontrola Państwowa

2018

tom 63

nr 2 (379)

98-113

Unpleasant odours that are by-products of numerous industrial plants affect the majority of Polish people. However, to date no regulations have been introduced aimed to protect people against the effects of odours and to regulate the basis for and the scope of responsibility of those who emit them. Moreover, adoption of appropriate regulations is very important because the volume of waste that should necessarily be recycled has not been decreasing. This is also related to the need for establishing waste management plants whose activity, due to, among others, the odours they produce, may lead to social conflicts. The article attempts to analyse the binding regulations on the problems related to odours, on the basis of waste management, and to present the constitutional aspects with regard to this issue.