Resolution provincial regional council prohibiting the use of coal for heating flats and houses in Cracow is invalid – considered the Provincial Administrative Court. According to the court, it infringed the constitutional principles. The resolution was to help reduce air pollution in Krakow.
Resolution of Malopolska voivodship parliament in October last year, prohibited the use of solid fuels, including coal, for heating flats and houses in Cracow. Only allowed for burning wood in fireplaces.
“I do not improve air, hit the poor”
Regional Administrative Court challenged the two people, arguing that it constitutes a violation of the constitutional principles of equality of citizens and freedom of establishment.
The applicant argued also that adopted the ban does not bring benefits to the Kraków air, and only hits the poorest who can not afford to use natural gas or district heating network; also hurt the residents of the city who have already invested in modern solid fuel boilers.
“constitutional violation”
For complaints upheld by the court. It held that the provision of Art. 96 Environmental Law, from which arise the powers of the regional council in this regard, does not allow for differentiation of the application of fuel depending on the purpose.
– interpretation of this provision leads to the conclusion that if we use any prohibitions, orders, restrictions on the use of fuels, it is only on the basis of equality – stressed the WSA.
He also indicated that differentiation can only be used in territorial terms.
WSA also stressed that a violation of this standard competence translated automatically to the infringement of several of the constitutional rule of law, equality, freedom of establishment.
No smoking coal was to take effect inhabitants in 2018. Krakow councilors supported him, as he had to help in the fight against polluted air in the city.
Krakow at the forefront of the most polluted
Krakow ranks fifth among most polluted cities in Polish with over 100 thousand. residents. According to a study by two-thirds of the inhabitants of Krakow breathing polluted air. As shown by measurements of air monitoring stations, the concentration of particulate matter clearly increased during the heating season, ie autumn and winter. This is compounded by adverse weather conditions, that is, windless weather.
Author: mmw / b / Source: PAP
No comments:
Post a Comment