| Abstract [eng] |
The legal regulation of environmental air quality is based on a three-pillar system. The first pillar sets environmental air quality standards, the second – obligations of member states, and the third – regulation of different groups of pollution sources. The area of environmental air quality in the EU is characterized by detailed legal regulation, but air pollution remains dangerous for health and nature. The challenge of the currently valid environmental air quality regulation is to ensure proper and effective application, interpretation and practical implementation of the already established environmental air quality legal regulation. The new regulation in the field of environmental air quality aims to improve the mechanisms for monitoring the implementation of the legal regulation of environmental air quality, and the implementation of the right to legal defense due to insufficient environmental air quality. The characteristics of the EU legal system leads to challenges of delimitation of the competence of the Commission and the Member States, the unclairness of legislation, differences in language versions, the emissions trading system, the balance between ensuring adequate environmental air quality and free movement of goods, the specifics of different Member States and non-compliance of requirements and determination of the limits of discretion of CJEU. In the field of environmental air quality, challenges also arise due to factors not related to the characteristics of the EU legal system – finding a right balance between private and public interest, the interdisciplinary nature of the field of environmental air quality, and the natural factors that reduces air quality but cannot be controlled by legal regulation. Systematic improvement of EU legal regulation, implementation and interpretation considering various disciplines covered by environmental air quality is one of the ways to overcome the challenges of improving environmental air quality in the EU. |
