Journal of Agricultural and Environmental Law

Environmental Duties and Liability in the Constitution of the Republic of Poland

Bartosz MAJCHRZAK — Wed, 24 Jun 2026 00:00:00 +0000

The aim of this article is to present the provisions of the Constitution of the Republic of Poland relating to the environment and future generations, particularly through the lens of their interpretation in the case law of the Polish Constitutional Court. Focusing on the environmental regulations, the analysis embraces the following aspects: the notion of ‘environment’, the principle of sustainable development, constitutional rights and freedoms of the individual, the duties of public authorities and individuals, and legal liability. An important purpose of the analysis is an attempt to determine the legal consequences of violating these provisions which may be triggered in court proceedings.

Environmental Duties and Liability in the Constitution of Slovakia

Lívia TRELLOVÁ, Tomáš STRÉMY — Wed, 24 Jun 2026 17:19:35 +0000

The article addresses the constitutional protection of the environment in the Slovak Republic, focusing in particular on an analysis of Arts. 44 and 45 of the Constitution of the Slovak Republic and their application in practice. From the perspective of Slovak legal doctrine, this constitutional framework is embedded in a broader development, whereby environmental law is increasingly regarded as a distinct and internally coherent branch of law within the national legal system. Attention is given to the obligations of the state, the obligations of the individual, constitutional liability, as well as to the issues of enforceability of these rights and obligations. The basis for the constitutional analysis lies in the constitutional and statutory regulation of the right to a favourable environment and the right to information on the environment, complemented by a systematic interpretation of the decision-making activity of the Constitutional Court of the Slovak Republic in the context of the principles of the rule of law. The authors place special emphasis on addressing the constitutional dilemma concerning the nature, content and scope of the right to a favourable environment, as regulated and interpreted within the Slovak constitutional system, and its interconnection with other fundamental rights which determine its practical enforceability. The contribution further presents selected examples of good application practice and formulates “de constitutio ferenda” proposals aimed at strengthening the constitutional regulation of environmental protection as a fundamental element of an individual’s life within a modern society, with regard to the constitutional regulation of environmental obligations and liability.

Environmental Duties and Liability in the Constitution of the Czech Republic – Environmental Constitutionalism in the Anthropocene

Jiří VODIČKA — Wed, 24 Jun 2026 21:32:02 +0000

This article examines how the Czech constitutional order regulates environmental protection and liability in the Anthropocene, with a particular focus on future generations and climate litigation. It shows that the Constitution and the Charter of Fundamental Rights and Freedoms provide only a fragmented, anthropocentric framework. Art. 7 of the former and Art. 35 of the latter recognise environmental interests and the right to a favourable environment but do not establish an explicit, general duty on everyone to protect the environment, nor a clear constitutional mandate to safeguard future generations. Environmental duties and the polluter pays principle are therefore largely operationalised at sub-constitutional level through the Environment Act, sectoral legislation and multi‑layered regimes of administrative, civil, criminal and ecological‑damage liability, which strongly constrain private actors while leaving state liability comparatively underdeveloped. The analysis traces how courts have gradually expanded standing for individuals, communities and NGOs, and how they invoke intergenerational interests in selected contexts (such as the Soutok case) yet remain cautious when asked to enforce positive climate obligations. The first Czech climate lawsuit is used to illustrate both the potential and limits of climate litigation. Against this backdrop, this article identifies scattered statutory references to future generations and evaluates institutional options ranging from a stronger role for the ombudsman to an expanded mandate for the children’s ombudsman. It concludes with de lege ferenda proposals, including an explicit constitutional duty to protect the environment, clearer climate‑ and biodiversity‑related objectives, and a clause steering the economic order towards sustainable, ecologically oriented development.

The Role of Civil Law in Environmental Protection: Liability, Damages, and Remedies in Czechia

Josef BÁRTŮ — Wed, 24 Jun 2026 21:31:06 +0000

This article deals with the role of private law in environmental protection in the Czech Republic. Based on the values and principles of private law, it presents the Czech tort law system and the functions that tort law fulfils. It then discusses in detail selected special provisions regarding liability for damage, which, according to the author, are most applied in cases of environmental damage. The text also examines who is liable for environmental damage and who has the right to claim compensation. It also focuses on causation and, within this framework, identifies special types of factual causality. It also addresses issues relating to the burden of proof. This is followed by a section dealing with the manner and extent of compensation for damage and the circumstances under which the tortfeasor may be released from his obligation to pay compensation. Finally, the article assesses the effectiveness of private law in compensating for environmental damage and considers whether it would be appropriate to make various legislative changes. In particular, it concludes that while some changes to the law would be useful, environmental protection should remain primarily a matter for public law.

The Role of Civil Law in Environmental Protection: Liability, Damages, and Remedies in Hungary

Csilla CSÁK, Zsófia HORNYÁK — Wed, 24 Jun 2026 21:43:20 +0000

Private law liability can be placed within the scope of civil law. Private law regulates personal and financial relations, and accordingly in the field of environmental protection, it sanctions unlawful conduct caused to ‘others’ at the level of liability. Therefore, the primary source of law in Hungary with regards to private liability is the Civil Code. The legislation regulating environmental protection also settles liability issues under private law, including the Environmental Protection Act and the Nature Conservation Act, as well as the sectoral legislation and implementing decrees. In addition to the framework of the Hungarian legal system, the issue of liability must also be examined in international and EU areas, which influence and determine the content of environmental relations through ‘soft’ and ‘hard’ regulators.

The Role of Civil Law in Environmental Protection: Liability, Damages, and Remedies from the Perspective of Slovakia

Marek ŠTEVČEK, Marek IVANČO, Radovan BLAŽEK — Wed, 24 Jun 2026 21:52:27 +0000

The article examines how Slovak civil law can be mobilised as an instrument of environmental protection, distinct from but complementary to administrative and criminal enforcement. The article analyses the provisions of the Slovak Civil Code which can be invoked in a case of environmental damage. The analysis is also focused on the draft of the new Civil Code that is at present in legislative preparative work, and the current legislative state is compared with the new proposal. Procedurally, Slovakia’s representative-actions regime for consumers offers a workable chassis for aggregating environmentally linked harms (qualified entities, notice/opt-in, court-managed implementation) and can be adapted to restorative outcomes in environmental cases. The article closes with de lege ferenda thoughts for courts and legislators to align private-law remedies with ecological recovery and environmental justice.

The Role of Civil Law in Environmental Protection in Poland: Liability, Damages, and Remedies

Jacek ZRAŁEK, Bartosz KUCIA — Wed, 24 Jun 2026 22:04:16 +0000

The study shows that classic private law claims, in light of the conventional judicial approach, are not particularly effective in cases involving environmental damage. There are numerous legal grounds for pursuing environmental claims, including those provided for in the Environmental Protection Law and the Civil Code, which often overlap. However, in practice, those seeking to pursue environment-related claims through civil law have often sought to rely on the concept of personal rights. One crucial reason for this trend is the individual nature of civil law claims and the perception of the environment as a common good, which results in evidentiary complexities that are difficult to overcome. The article examines the particular grounds of civil liability for environmental damage, their prerequisites, and the available legal remedies, including compensation and other forms of restoration of the previous state of the environment, as well as measures aimed at preventing future damage. The shortcomings of the current legal framework and attempts to identify alternative solutions for pursuing environmental claims through civil law are also examined.

Environmental Protection Liability in Poland – Aspects of Substantive Administrative Law

Tomasz BOJAR-FIJAŁKOWSKI — Wed, 24 Jun 2026 22:11:17 +0000

Firstly, administrative law was defined and characterised, and substantive law issues were distinguished from procedural. The sources of administrative law and their specific features were indicated. The next part concerns the legal framework governing administrative competencies, including a presentation of Polish public administration bodies responsible for environmental policies. The principles of law applicable to the activities of those were discussed. The focus is then shone on the regulatory powers of administrative authorities, including various acts issued in the field of the environment and the duties and obligations contained therein. The next part concerns administrative environmental offences, those included in criminal codes and administrative acts. The accumulation of administrative and criminal liability, and to a lesser extent civil is also discussed. The focus then shifts to administrative sanctions and penalties in the field of the environment, which were characterised. The last part deals with challenges in administrative governance and future perspectives of Polish environmental law enforcement and contains proposals de lege ferenda.

Environmental Protection Liability in Hungary – The Aspects of Substantive Administrative Law

István OLAJOS — Wed, 24 Jun 2026 22:18:38 +0000

This article summarises the constitutional foundations of Hungarian environmental law, the basic principles of regulation, and the rules of civil criminal and administrative liability. In the second part, we explain the regulations governing the environmental protection institutional system and the supervisory system. We describe and compare administrative sanctions in environmental protection. At the end of the article, we distinguish between the administrative and criminal law instruments of Hungarian environmental law.

Legal Framework for Administrative Offenses: Defining Responsibilities, Compliance, and Sanctions in Czechia

Michal SOBOTKA — Wed, 24 Jun 2026 22:22:23 +0000

This article examines the legal framework governing environmental protection in the Czech Republic, focusing on the pivotal role of administrative law in defining responsibilities and enforcement mechanisms. It establishes environmental protection as a fundamental constitutional obligation and a public interest, rooted in the state’s role as the guarantor of a favourable environment. The study details the division of competences between central bodies, such as the Ministry of the Environment and the Czech Environmental Inspectorate, and territorial self-governing units (municipalities and regions), which are responsible for delegated state administration. The author categorises regulated environmental activities into four groups, ranging from public use to absolute prohibitions, and discusses the administrative tools used for regulation, including individual permits and so-called binding opinions. A significant portion of the text is dedicated to the system of administrative liability, specifically distinguishing between administrative delicts and criminal offences based on the degree of social harmfulness and the principle of ultima ratio. The article analyses the effectiveness of administrative sanctions, particularly fines, which are often perceived as having a stronger deterrent effect than criminal penalties due to their high statutory limits. Furthermore, it explores the potential for waiving penalties if an offender takes voluntary remedial measures, and proposes this approach as a model for future legislation. Finally, the work identifies key challenges, such as the volatility of legislation driven by EU law and institutional capacity limitations, concluding that strengthening the expert-led Czech Environmental Inspectorate is essential for effective law enforcement.

The Legal Framework for Administrative Offences: Defining Responsibilities, Compliance and Sanctions in Slovakia

Mária SREBALOVÁ, Ľudovít MÁČAJ — Wed, 24 Jun 2026 00:00:00 +0000

This article examines the Slovak legal framework governing administrative offences, with a particular emphasis on environmental protection as one of the most dynamically developing areas of public law. It outlines the conceptual distinction between substantive and procedural administrative law, analyses the hierarchy of legal sources and explains the principles guiding the distribution of powers among central, regional and local authorities. The paper highlights the fragmented and dispersed regulation of administrative liability and sanctions, drawing attention to the competences of ministries, inspection bodies, municipalities and public guards, and the resulting lack of clarity in their responsibilities. It further explores the classification of administrative offences, including misdemeanours, strict liability offences and hybrid offences, while assessing their specific relationship to criminal liability and the principle of subsidiarity of criminal repression. Particular attention is devoted to the system of sanctions, their proportionality, preventive function and the need to balance deterrence with fairness. The article argues that despite the generally sufficient legislative framework, procedural shortcomings and overlaps between administrative and criminal enforcement reduce legal certainty and effectiveness. In conclusion, the authors call for clearer distribution of competences, greater procedural consistency and possible codification of administrative liability as key steps for strengthening enforcement and enhancing the credibility of environmental protection in Slovakia.

The Procedural Framework of Administrative Liability in Slovakia: Proceedings, Remedies and Enforcement in Environmental Matters

Zuzana HAMUĽÁKOVÁ, Matej HORVAT — Wed, 24 Jun 2026 22:58:51 +0000

This article examines the procedural architecture of administrative punishment in Slovakia with an emphasis on environmental protection cases. It maps the interplay between the Act on Infractions and the Administrative Procedure Code, describing how environmental offences are detected, clarified and adjudicated, including the distribution of competences among authorities and the procedural status of key actors. The analysis covers first-instance proceedings, summary forms of procedure, ordinary and extraordinary remedies and the enforcement of administrative decisions, including the role of administrative courts. Particular attention is paid to systemic weaknesses of the current framework, fragmentation and the absence of codification for ‘mixed’ administrative offences (notably those committed by legal entities and entrepreneurs), inconsistent protection standards (e.g. reformatio in peius), deficits in predictability and data availability and recurring difficulties with sanction proportionality. The article concludes with reform-oriented recommendations aimed at greater coherence, transparency and effectiveness of administrative liability enforcement.

Legal Framework for Administrative Offences in Environmental Protection Matters: Defining Responsibilities, Compliance and Sanctions in Poland

Monika A. KRÓL — Wed, 24 Jun 2026 23:13:20 +0000

The subject of this study is to present the procedural aspects of administrative offences in environmental protection matters in Poland, which are classified in our country in two ways: 1) offences penalised by criminal law provisions and subject to the Misdemeanour Law and dealt with in misdemeanour proceedings, subject to the jurisdiction of common courts, and 2) administrative offences, defined as violations of administrative law orders and prohibitions, which are dealt with by public administration bodies applying the law in administrative proceedings specified in the Code of Administrative Procedure and specific statutes. The study aims to assess the Polish model of applying the law in the area of adjudicating administrative offences following administrative proceedings, particularly with regard to the issuance of administrative decisions imposing administrative fines, guidelines for the imposition of penalties, procedural guarantees for parties in proceedings for the imposition of administrative sanctions, their review by higher authorities, and the procedure for enforcing obligations and sanctions.

Certain Issues of Environmental Administration – With Particular Regard to Liability and the Application of Sanctions in Hungary

Anita PAULOVICS, Annamária Eszter SZABÓ — Wed, 24 Jun 2026 23:26:25 +0000

It has already been proven in the specialised literature that the legal basis of the environmental protection is the right to a healthy environment under Article XX(1) of the Hungarian Fundamental Law, which is supplemented by the state obligation under Article P(1) as the institutional ‘side’ of the identified fundamental right. The research on which this study is based can be linked to this institutional, state ‘side’, as it seeks to explore the nature of the rules of administrative procedure applicable to those involved in environmental administration and to analyse their possible consequences, i.e. the potential sanctions. Given that, as we will see later, administrative bodies perform, among other things, official activities in environmental administration, in addition to the above mentioned provisions of the Fundamental Law, reference must be made to the right to fair administrative proceedings, which constitutes the fundamental legal framework for administrative and judicial proceedings [Art. XXIV(1) of the Fundamental Law], and the right to a fair trial [Art. XXVIII(1) of the Fundamental Law]. Since the aim of the research in this case is not only to demonstrate the enforcement of the right to a healthy environment at the legislative level, but also the enforcement of the rights of potential clients in administrative proceedings and other proceedings resulting in the imposition of sanctions. It must be emphasised here that it will be impossible to avoid demonstrating the (possible) conflict between these fundamental rights at a later stage.

Administrative Procedural Law in the Czech Republic

Barbora POSPÍŠILÍKOVÁ — Wed, 24 Jun 2026 23:37:09 +0000

This article examines the administrative procedural law in the Czech legal system. It first defines the concept, its position within the legal system, and the key sources of legal regulation. It then addresses proceedings concerning offences, from their detection and investigation to the initiation of proceedings and the procedural steps involved in transferring cases between administrative and criminal justice authorities. Further, it analyses the procedural rights of the accused, including the rights of both natural and legal persons, as well as the related guarantees intended to ensure the predictability, reviewability, and fairness of the exercise of the state power. It also discusses the possibilities of reviewing administrative decisions, including ordinary and extraordinary remedies, and the stages of enforcement of administrative decisions together with the mechanisms designed to ensure compliance. The final section addresses the main challenges of administrative procedural law, especially the effectiveness of proceedings, the uniformity of sanctions, the demarcation between administrative and criminal law, and cooperation among authorities. The article also outlines prospects, particularly the standardisation of administrative penalties and the potential role of automation and artificial intelligence in administrative decision-making.

The Role, Powers and Challenges of the Environmental Inspectorate in the Czech Republic

Antonín FRIČ — Wed, 24 Jun 2026 23:48:52 +0000

This comprehensive analysis examines the Czech Environmental Inspectorate (CEI), established under Act No. 282/1991 Coll., as the primary regulatory authority responsible for environmental compliance monitoring in the Czech Republic. The article explores CEI’s institutional framework, encompassing its organisational structure with ten territorial inspectorates and central headquarters, alongside its broad regulatory mandate covering nature protection, water and air quality, waste management, and chemical safety oversight. The analysis details CEI’s enforcement mechanisms, including routine inspections, targeted investigations, and emergency response protocols, while examining the administrative procedures governing environmental offense adjudication. Key findings reveal both the strengths and limitations of the current system, highlighting CEI’s crucial role in environmental protection along with significant operational challenges including resource constraints, staffing inadequacies, and jurisdictional complexities that impede optimal performance. The research identifies critical improvement opportunities through enhanced legal mandates, technological modernisation including artificial intelligence integration, and structural reforms to strengthen inter-agency coordination. The article concludes that strategic institutional development and technological advancement are essential for maintaining effective environmental governance and ensuring sustainable protection of natural resources in the Czech Republic.

The Role, Powers and Challenges of the Slovak Environmental Inspectorate

Ján JENČO — Wed, 24 Jun 2026 23:58:21 +0000

The Slovak Environmental Inspectorate (hereinafter ‘SEI’) is the main authority responsible for enforcing environmental legislation in the Slovak Republic. This article provides legal and institutional analysis of the SEI, tracing its historical development from its establishment in 1991 to its current role. The study examines the SEI’s organisational structure, including its vertical and horizontal divisions, and its jurisdiction across six specialised areas of competence: water protection, air protection, waste management, nature and landscape protection, biological safety and environmental assessment and permitting. Particular attention is paid to the procedural framework governing inspections and the sanctioning of administrative proceedings, highlighting inconsistencies and outdated legal instruments. The article also explores the SEI’s interactions with other administrative and criminal authorities and identifies systematic challenges such as fragmented competencies, insufficient modernisation and a lack of unified enforcement mechanisms. The author proposes targeted reforms to strengthen the SEI’s mandate, improve procedural efficiency, and enhance environmental law enforcement effectiveness.

The Role, Powers and Challenges of Environmental Protection Authorities in Poland

Joanna NARODOWSKA, Maciej DUDA — Thu, 25 Jun 2026 05:51:05 +0000

This article analyses the environmental control system in Poland. It aims to present the key legal acts related to environmental protection, as well as the institutions, services, and bodies responsible for environmental control. Particular attention is paid to the Environmental Protection Inspectorate. The legal basis for its activities, institutional structure, competences, and rules of cooperation with other control entities are presented. The tools used by the Environmental Protection Inspectorate in the areas of administrative law, misdemeanour law, and criminal law are outlined. The main challenges facing this service and the prospects for its future functioning are also discussed. First and foremost, an assessment was made of the latest legal change, which granted the Environmental Protection Inspectorate the powers of a law enforcement agency. This amendment was intended to be a step in the right direction, but in practice the solutions therein do not work. The achievements of green criminology in environmental protection were also highlighted.

The Role, Powers and Challenges of Environmental Authorities in Environmental Inspections in Hungary

Andrea RISKÓ — Thu, 25 Jun 2026 06:03:03 +0000

This article provides a detailed analysis of the environmental inspection system in Hungary, focusing on its competencies, enforcement mechanisms, and practical challenges. It outlines the current governmental institutional framework for environmental protection, from ministries responsible for professional oversight to environmental protection authorities integrated with county-level Government Offices. Building on an overview of the fundamental legal provisions governing inspections, the article explains how inspections are conducted in practice across individual and sector-specific areas of environmental protection, as well as in so-called complex or horizontal cases. Within this framework, it examines the tasks and powers of inspectors in ensuring effective inspections, the organisations involved in the inspection process, the aspects subject to examination, and the documents and evidence generated, as well as their contribution to the application of administrative sanctions. The article also discusses the difficulties faced by authorities, for example when on-site inspections are obstructed, and considers the practical and legal measures available to address such challenges. Furthermore, it explores new opportunities for gathering and presenting evidence through digital tools and highlights their potential benefits. The article reviews recent legislative amendments, considers anticipated future reforms, and identifies measures necessary to improve procedural efficiency. Additionally, it highlights best practices that are recommended for future implementation.

Impact of the Nord Stream Gas Pipeline Sabotage on the Energy Security of Germany and the V4 Countries

Éva CSÁKI-HATALOVICS, Zsolt CZÉKMANN, Gyula Balázs CSÁKI-HATALOVICS — Thu, 25 Jun 2026 06:32:39 +0000

The Nord Stream pipelines have long played a pivotal role in Europe’s natural-gas supply, symbolising both strategic interdependence and geopolitical tension. The 2022 sabotage, which disabled most of the system, triggered unprecedented supply-security challenges and market volatility. This study adopts a multidisciplinary qualitative approach, combining legal analysis, geopolitical assessment, and systematic evaluation of energy-security data. Primary sources include EU legislation, Court of Justice case law, environmental assessments, and comparative data on V4 and German natural-gas systems. Findings show that the sabotage accelerated Europe’s shift toward diversified gas sources, including LNG and alternative pipeline corridors. V4 countries display varying resilience: Poland has markedly reduced Russian dependence, while Hungary, Slovakia, and Czechia remain more structurally constrained. Legally, the analysis of case T-526/19 confirms the EU’s authority to apply internal-market rules to pipelines from third countries. Nord Stream exemplifies the intersection of infrastructure, law, and geopolitics, underscoring the need for diversified supply routes and adaptable regulatory frameworks.

Book review: Agriculture, Sustainability and Competition Law: Policy Paradigms and Their Legal Implications by Martin Milán Csirszki

Hajnalka SZINEK CSÜTÖRTÖKI — Thu, 25 Jun 2026 06:41:56 +0000

Agriculture, Sustainability and Competition Law: Policy Paradigms and Their Legal Implications by Martin Milán Csirszki, published in English by Routledge in 2025, examines competition law and policy as applied to agricultural producers within the competing paradigms of neoliberal agricultural policy and food sovereignty. The book aims to explore the growing pressures faced by agricultural producers arising from market liberalisation and sustainability concerns, and the resulting debates on the relationship between competition, agriculture, and sustainability. By bridging disciplinary gaps between competition law and agricultural policy, the monograph develops an integrated perspective with a particular focus on sustainability. This review outlines the book’s main contributions and reflects on the readership to whom it will be most valuable.