The harmonization of Polish environmental protection law with European Union law

Abstract

A fundamental principle of a democratic state of law is the primacy of its constitution. The primacy of the constitution entails the prohibition against adopting laws incompatible with the constitution and the obligation to pass laws conforming with it. The obligation to pass laws conforming with the constitution means that laws must be shaped, in terms of their form and substance, in a way that implements the constitutional standards and not only observes them. The obligation to pass laws conforming with the constitution applies not only to ordinary legislation but also to all forms of law-making by entities other than the legislator. The obligation applies in particular to making domestic laws (Art. 93 of the Polish Constitution) as well as laws made by all public law associations. The obligation to pass laws conforming with the constitution means that not only the form and substance of laws made but also their scope are determined by the constitution. The legislator and other law-making entities must only accurately define law within the limits fixed by the constitution. If the legislator has transgressed the constitutionally set limits of law making, it may be said to have breached the provisions of the constitution, and thus the law so made does not conform with the constitution. Apart from the above rules, which apply also to environmental protection legislation, the Polish Constitution includes the principle of its direct application, which may be of fundamental importance to environmental protection. The principle, specified in its Art. 8.2, provides in particular for the ability to implement the provisions of the Constitution without developing them in a parliamentary act. The Constitution is a directly applicable law.