SELECTED PROBLEMS OF LAKES MANAGEMENT IN POLISH WATER LAW RELATED TO THE DIFFERENCES BETWEEN POLISH AND EUROPEAN UNION LEGISLATION
MARSZELEWSKI M., MARSZELEWSKI W.
ABSTRACT. - Selected problems of lakes management on Polish Water law related to the differences between Polish and European Union legislation. Proper management of water resources has got significant social and economic dimension. For this reason, it is an essential element of almost every national law, European Union law, and also international law in a broad sense. Legislative authority, during legislature process, should allway s balance private and public interests to adopt compromised solutions. Furthermore these solutions must be determined mostly by hydrology to be appropriate to the nature of waters and environment. Because of mentioned issues, it is very undesirable state of affairs when law simply does not fit to the object of its regulation. In Water Law Act of 2001 Polish legislator classifies lakes, depending upon the type of watercourse (natural or man-made) flowing into or out of the lake, among either flowing water or stagnant one. This regulation is against hydrological classification of lakes. Moreover this legal act introduces different treatment of dammed lakes in the context of public access to the lakeshores. Indicated problems have got significant impact on many aspects such as ownership of lakes, obligations of the owners of the lakes, lakes and environmental protection and, mentioned above, right to public acces to the lakes.
Keywords: lakes management, Polish Water law, European Union law