The issue of clean air is one of the most important problems of the modern world. Air pollution has no borders, therefore its protection is primarily the domain of international law, which is increasingly striving to strengthen this protection. The Constitution of the Republic of Poland of 1997 contains a number of provisions concerning the environment - for example, program norms that determine the tasks of public authorities such as preventing the negative health consequences of degradation of the environment, or the norms that contains the right to be informed about the quality of the environment and its protection). However, it is disputed whether the right to clean air can be considered as one of the fundamental rights that are subject to constitutional protection. The article shows the most important legal problems related to clean air protection: essential postulates of the legal doctrine, key legal regulations, and the most important court decisions that may affect the way this law is perceived in the near future.
 

The Right to Clean Air

The issue of clean air is one of the most important problems of the modern world. Air pollution has no borders, therefore its protection is primarily the domain of international law, which is increasingly striving to strengthen this protection. The Constitution of the Republic of Poland of 1997 contains a number of provisions concerning the environment - for example, program norms that determine the tasks of public authorities such as preventing the negative health consequences of degradation of the environment, or the norms that contains the right to be informed about the quality of the environment and its protection). However, it is disputed whether the right to clean air can be considered as one of the fundamental rights that are subject to constitutional protection. The article shows the most important legal problems related to clean air protection: essential postulates of the legal doctrine, key legal regulations, and the most important court decisions that may affect the way this law is perceived in the near future.