Interference between Elements of Public and Private Law in Environmental Liability - Is It Possible to Be Successfully Sued for Damages Caused by Exercise of Rights of Party to Proceedings
2017
Abstract
Environmental liability is perceived as a mean of protecting the environment and, from this point of view, it is also examined by the authors of scientific literature. In this article, I will deal with the neglected aspect of liability - situations where the liability system, on the contrary, weaken the protection of the environment.
Specifically, I will analyses the cases when the environmental associations or active citizens face private claims for compensation for damages caused by the exercise of their procedural rights, ie compensation for damage caused by the extension of proceedings by submitting observations, objections or appeals by the public concerned.