LEGAL AIR PROTECTION IN POLAND AND THE CZECH REPUBLIC – SELECTED ISSUES (PART I)

This article attempts to synthetically discuss selected elements of the legal model of air protection against pollution in Poland and the Czech Republic. The article aims to present this issue to a broader audience, which may be a contribution to starting a scientific discussion in this field. Within the framework of this article, it is impossible to cover all topics related to air protection in both countries. Hence, the main focus will be on protecting air quality and avoiding air pollution from the domestic and municipal sectors – Poland’s most crucial issue is the most severe problem in the fight for good-quality air. The Polish and Czech legal orders were not chosen randomly as the research area. I justify the reference to Czech legislation by geographical proximity (neighborhood with Poland, pollution is cross-border), similar problems (post-communist country), and EU membership. Despite these apparent similarities, both countries deal with air protection differently. As reports by the European Environment Agency indicate, the Czech Republic has better air quality than Poland. The analysis will determine how Poland and the Czech Republic have regulated the issues related to combating pollution from individual combustion sources, which will constitute a starting point for a comparative study, which is necessary to develop an appropriate (i.e. effective and protective) model of air protection in Poland. This article is the first in a series and will concern the definition of research objectives and the general background of the current air quality in Poland and the Czech Republic. The article uses dogmatic-legal, statistical, and comparative methods.