(Insufficient) legal protection measures for people exposed to excessive road traffic noise

Bibliogr. s. 80-82

The study concerns legal protection measures that can be used by persons exposed to excessive road traffic noise. This issue has not been discussed in more detail in the literature, but is very important for protecting people from harmful road traffic noise, which is one of the most important dangers to the environment today, as well as to mental well-being and health. Before discussing the specific measures, the author presents exposure to harmful road traffic noise as a violation of fundamental human rights and freedoms, which justifies the need for effective legal protection against this pollution. The measures that can be initiated by the persons concerned are exclusively of a private law nature (claims relating to the establishment of a limited use area, claim under Article 323 of the Environmental Protection Law, claim for the protection of personal goods, negatory claim in connection with the ban on immissions, preventive claim under Article 439 of the Civil Code). The author takes the view that those measures are insufficient in the sense that they do not guarantee a reliable and reasonably swift solution to the problem. The administrative measure provided for in Article 362(1) of the Environmental Protection Law is also insufficient. The analysis carried out led the author to formulate a postulate to create a legal protection measure, which will provide people exposed to road traffic noise with the possibility to force the implementation of regulations that guarantee an appropriate acoustic climate. Due to the increasing road traffic and number of people exposed to harmful noise, the creation of such a measure is an urgent matter.