Climate Law in EU Member States
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Climate Law in EU Member States

Towards National Legislation for Climate Protection

Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán

The complex and multifaceted nature of EU climate legislation poses a major challenge for EU member states. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).
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Chapter 11: Climate law in Poland: towards an overall regulation

Leszek Karski


The climate change challenges to the Polish legislator stem from both the current condition of some sectors of the economy and the global character of climate law. Global law, as a combined system of the current regulations at international, regional (EU) and national level, is well suited to cope with the problems besetting all of mankind. At the same time, implementation of the objectives of international law into regional (EU) and national law encounters a number of barriers. These barriers boil down to some deeply rooted divisions between the systems of law and a reluctance to allow transfer of certain regulations between the systems. The barriers are also axiological in character. The socio-economic transformation that took place in Poland starting from the early 1990s entailed significant social costs. Unwilling to add to those burdens, the state for a long time tried to avoid raising the costs of modernization in certain sectors. This significant lack of investment in rebuilding the infrastructure is largely the reason why the costs of additional emission reduction are now so high. On the other hand, it should be emphasized that a massive reduction of gas and particle emissions, including greenhouse gases, has been achieved thanks to, among other factors, a unique system of financing environmental protection. The substantial funds thus generated for the protection of air produced an effect that is unique on the global scale.

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