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Prof. Maria M. Kenig-Witkowska UNIVERSITY OF WARSAW POLAND

Prof. Maria M. Kenig-Witkowska UNIVERSITY OF WARSAW POLAND. ENVIRONMENTAL PROTECTION IN TOWN AND COUNTRY PLANNING LAW IN POLAND ATLANTA, GEORGIA MARCH - APRIL 2007. UNIT I STRUCTURE OF THE EUROPEAN UNION AND ITS IMPLICATIONS FOR THE EU ENVIRONMENTAL POLICY AND LAW.

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Prof. Maria M. Kenig-Witkowska UNIVERSITY OF WARSAW POLAND

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  1. Prof. Maria M. Kenig-Witkowska UNIVERSITY OF WARSAWPOLAND ENVIRONMENTAL PROTECTION IN TOWN AND COUNTRY PLANNING LAW IN POLAND ATLANTA, GEORGIA MARCH - APRIL 2007

  2. UNIT ISTRUCTURE OF THE EUROPEAN UNION AND ITS IMPLICATIONS FOR THE EU ENVIRONMENTAL POLICY AND LAW THE THREE PILLAR STRUCTURE OF THE EUROPEAN UNION THE EU/EC MAIN INSTITUTIONS AND BODIES INVOLVED IN THE ENVIRONMENTAL PROTECTION PROCESSES TOWN AND COUNTRY PLANNING IN THE CONTEXT OF THE EU/EC ENVIRONMENTAL POLICY AND LAW

  3. FOR UNIT I (1)THREE PILLAR STRUCTURE OF THE EUROPEAN UNION I-st PILLAR – THE COMMUNITY PILLAR – TREATY ESTABLISHING EUROPEAN COMMUNITY AND TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY II-nd PILLAR – COMMON FOREIGN AND SECURITY POLICY III-rd PILLAR – POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

  4. FOR UNIT I (2)MAIN INTITUTIONS AND BODIES OF THE EU INVOLVED IN ADOPTING ENVIRONMENTAL LAWS • EUROPEAN COMMISSION • COUNCIL OF THE EUROPEAN UNION • EUROPEAN PARLIAMENT • ECONOMIC AND SOCIAL COMMITTEE • COMMITTEE OF THE REGIONS • EUROPEAN COURT OF JUSTICE • EUROPEAN OMBUDSMAN • EUROPEAN ENVIRONMENTAL AGENCY

  5. FOR UNIT I (3)EU LAW ON TOWN AND COUNTRY PLANNING • DECISION 1600/2002 • DIRECTIVE 96/82 • COMMISSION COMMUNICATION, COM (90) 544; COM (91) 452 • GREEN PAPER ON THE URBAN ENVIRONMENT, COM (90) 218 • COUNCIL RESOLUTION, [1991] OJ, C 33/4 • SPECIAL REPORT ON URBAN ENVIRONMENT OF THE EUROPEAN UNION [1994] OJ, C 383/1

  6. UNIT IIOBJECTIVES OF AND PRINCIPLES FOR POLISH ENVIRONMENTAL PROTECTION LAW ARISING FROM THE EU PRIMARY LAW 1. OBJECTIVES (Art. 2 of the EU Treaty, Art. 2 and 174 of the EC Treaty) 2. PRINCIPLES DERIVED FROM THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY (Articles 2, 3, 5, 6, 174)

  7. FOR UNIT II (1)EU ENVIRONMENTAL OBJECTIVES GENERAL OBJECTIVES ART. 2 OF THE EU TREATY – SUSTAINABLE AND BALANCED DEVELOPMENT ART. 2 OF THE EC TREATY – SUSTAINABLE DEVELOPMENT, HIGH LEVEL OF PROTECTION, IMPROVEMENT OF THE QUALITY OF ENVIRONMENT

  8. FOR UNIT II (2)EU ENVIRONMENTAL OBJECTIVES SPECIFIC OBJECTIVES (ART. 174 OF THE EC TREATY) - PRESERVING, PROTECTING AND IMPROVING THE QUALITY OF THE ENVIRONMENT - PROTECTING HUMAN HEALTH - PRUDENT AND RATIONAL UTILISATION OF NATURAL RESOURCES - PROMOTING MEASURES AT INTERNATIONAL LEVEL TO DEAL WITH REGIONAL OR WORLDWIDE ENVIRONMENTAL PROBLEMS

  9. FOR UNIT II (3)PRINCIPLES OF EU ENVIRONMENTAL LAW GENERAL PRINCIPLES (ART. 5 AND 6 OF THE EC TREATY) - SUBSIDIARITY AND PROPORTIONALITY PRINCIPLE - INTEGRATION PRINCIPLE

  10. FOR UNIT II (4)PRINCIPLES OF EU ENVIRONMENTAL LAW SPECIFIC PRINCIPLES (ART. 174 OF THE EC TREATY) - PRECAUTIONARY PRINCIPLE - PROTECTION PRINCIPLE - RECTIFICATION OF DAMAGE AT SOURCE PRINCIPLE - POLLUTER PAYS PRINCIPLE

  11. UNIT IIIINSTRUMENTS OF EU ENVIRONMENTAL POLICY AND LAW 1. INSTRUMENTS FORESEEN BY THE FIRST PILLAR OF THE EUROPEAN UNION TREATY ESTABLISHING EUROPEAN COMMUNITY (Articles 174,175, 249 and 300) 2. SECOND AND THIRD PILLAR INSTRUMENTS 3. OTHER ACTS AND DOCUMENTS 4. ROLE OF THE COURT LAW OF THE EUROPEAN COURT OF JUSTICE 5. RULES FOE IMPLEMENTING THE EU ENVIRONMENTAL LAW IN THE MEMBER STATES NATIONAL LEGAL ORDERS

  12. FOR UNIT III (1)INSTRUMENTS OF EU ENVIRONMENTAL POLICY AND LAW - REGULATIONS - DIRECTIVES - DECISIONS - RECOMMENDATIONS - OPINIONS - INTERNATIONAL AGREEMENTS - ACTION PROGRAMMES - RESOLUTIONS - ENVIRONMENTAL AGREEMENTS

  13. UNIT IVBEGINNINGS AND DEVELOPMENT OF POLISH TOWN AND COUNTRY PLANNING PROCESS IN POLAND 1. OVERVIEW OF HISTORY OF TOWN AND COUNTRY PLANNING IN EUROPE 2. TOWN AND COUNTRY PLANNING SYSTEM IN POLAND AFTER REGAINING INDEPENDENCE IN 1914 UP TO THE BEGINNING OF WORLD WAR II 3. TOWN AND COUNTRY PLANNING SYSTEM IN THE 1945-1990 PERIOD 4. CHANGES IN POLISH TOWN AND COUNTRY PLANNING SYSTEM AFTER 1990

  14. UNIT VMAIN FUTURES OF TOWN AND COUNTRY PLANNING IN POLAND 1. TERMINOLOGY AND DEFINITIONS 2. PRINCIPLES 3. PLANNING AUTHORITIES 4. LEGAL INSTRUMENTS

  15. FOR UNIT V (1)LEGAL DEFINITIONS USED IN POLISH TOWN AND COUNTRY PLANNING LAW DEFINITION OF „ENVIRONMENT” – ART. 3, ITEM 39 OF ENVIRONMENTAL PROTECTION LAW (EPL) DEFINITION OF PROTECTION OF ENVIRONMENT – ART. 3, ITEM 13 OF EPL DEFINITION OF TOWN AND COUNTRY PLANNING - ART. 1 OF TCPL

  16. FOR UNIT V (2)BASIC PRINCIPLES OF TOWN AND COUNTRY PLANNING REFLECTED IN TCPL PRINCIPLE OF SUSTAINABLE DEVELOPMENT PROTECTION OF THE ENVIRONMENT PROTECTION OF RIGHTS SUBJECTS AFFECTED BY TCP SELF-DEPENDENCE OF A COMMUNITY

  17. FOR UNIT V (3)PLANNING AUTHORITIES LOCAL GOVERNMENT CENTRAL AND REGIONAL ADMINISTRATION PARLIAMENT

  18. FOR UNIT V (4)LEGAL INSTRUMENTS GENERAL PLANNING ACTS AT A LOCAL GOVERNMENT LEVEL AT A VOIVODENSHIP LEVEL AT NATIONAL LEVEL SPECIALISED PLANNING ACTS - AT A VOIVODENSHIP LEVEL - AT NATIONAL LEVEL

  19. UNIT VIENVIRONMENTAL PROTECTION MECHANISMS IN TOWN AND COUNTRY PLANNING AND IN THE INVESTMENT PROCESSES IN POLAND • TOWN AND COUNTRY PLANNING AS A TOOL OF ENVIRONMENTAL POLICY • SOURCES AND PRINCIPLES OF ENVIRONMENTAL PROTECTION POLICY AND LAW • SUBSTANTIVE LAW OF ENVIRONMENTAL PROTECTION IN TOWN AND COUNTRY PLANNING • SUBSTANTIVE LAW OF ENVIRONMENTAL PROTECTION IN THE INVESTMENT PROCESSES • SOME CONCLUDING REMARKS

  20. FOR UNIT VI (1)SOURCES OF LAW CONCERNING ENVIRONMENTAL PROTECTION IN TCP PROCESSES THE CONSTITUTION OF POLISH REPUBLIC OF 1997 THE EU LAW ( PRIMARY AND SECONDARY ) INTERNATIONAL AGREEMENTS ( PERTAINING TO THE SUBJECT ) NATIONAL LAWS OTHER LEGALLY BINDING ACTS

  21. FOR UNIT VI (2)SOURCES OF LAW CONCERNING ENVIRONMENTAL PROTECTION IN TCP PROCESSES POLISH NATIONAL LAW: ENVIRONMENT PROTECTION LAW (EPL) OF 2001 TOWN AND COUNTRY PLANNING LAW (TCPL) OF 2003 LAW ON THE PROTECTION OF NATURE OF 1991 LAW ON THE PROTECTION OF ARABLE AND FOREST LAND OF 1995 LAW ON SANITY INSPECTION OF 1985 CIVIL CODE LAW ON THE PROTECTION OF CULTURAL VALUES OF 1962 LAW ON MUSEUMS OF 1996 LAW ON CONSTRUCTION OF 1994

  22. FOR UNIT VI (3)CONSTITUTIONAL PRINCIPLES CONCERNING ENVIRONMENTAL PROTECTION IN TCP LEGALISM PRINCIPLE SUSTAINABLE DEVELOPMENT PRINCIPLE PROPORTIONALITY PRINCIPLE PROTECTION PRINCIPLE PRINCIPLE OF ACCESS TO INFORMATION

  23. FOR UNIT VI (4)EPL PRINCIPLES OF THE PROTECTION OF ENVIRONMENT PRINCIPLE OF USING THE ENVIRONMENT PRINCIPLE OF COMPLEXITY PRINCIPLE OF PREVENTION AND PRECAUTION POLLUTER PAYS PRINCIPLE PLANNING PRINCIPLE RIGHT TO INFORMATION ON THE ENVIRONMENT COMMUNITY PARTICIPATION IN DECISION MAKING PRESUMED INVALIDITY OF DECISIONS MADE WITH VIOLATION OF LAW USING THE REFERENCE METHODS

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