Krytyka Prawa. Niezależne studia nad prawem

Are Polish EIA Experts Still “Competent”? Remarks on the Evolution of the Provisions Regarding Practitioners Involved in the Preparation of Environmental Impact Assessment Reports

Haładyj, Anna

John Paul II Catholic University of Lublin

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Abstract

Environmental impact assessment (EIA) is a tool that allow predicting the environmental
effects of a project. Undoubtedly, the basic element of the EIA is the EIA report: and if so, the question arises who is qualified to prepare the report. The purpose of the study is to present the evolution of the rights of EIA report experts from the 1970s to modern times, presented from the perspective of legal sciences. The implementation of the amended Directive 2011/92 took place from 1 January 2017 by introducing formal education criteria and / or experience for EIA experts, which were softened by the amendment of 19 July 2019. In the study, I put forward the thesis that there is a tendency in Polish legislation
to lower the requirements for EIA experts, which makes national regulation contrary to the spirit of Directive 2011/92. Research methods used in the study include primarily the dogmatic approach, the method of consistent interpretation, and – to a lesser extent – the comparative and historical method.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 12 
Issue 1 
Issue date 3/2020 
Type Article 
Language en
Pagination 97-114
DOI 10.7206/kp.2080-1084.364
ISSN 2080-1084
eISSN 2450-7938