The project, which was sent to the Standing Committee of the Council of Ministers on May 16, contains a provision excluding the possibility of submitting a cassation appeal by social organizations, if they act only as participants in the proceedings. Experts warn that such regulations may violate the Polish Constitution, the EU basic rights card and international conventions.
Minister Adriana Porowska, responsible for civil society, pointed out that critics' demands are treated with the highest seriousness. At the same time, she announced a “inter -ministerial review” of planned regulations in terms of their impact on the activities of non -governmental organizations. Arkadiusz Myrcha, deputy minister of justice, emphasized that the project will be subject to public consultation, and the ministry is looking for a balance between citizens' law to court and the need to efficiently resolve administrative matters.
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Experts propose an alarm
Anxiety was expressed by the Commission for Nature Conservation Law under the State Council of Nature Conservation (PROD), operating at the Ministry of Climate and Environment. As indicated in the proposed opinion issued by the joint opinion of June 3, the proposed amendment may reconcile in the constitutional principle of two -instance court proceedings. Experts pointed out that these provisions particularly hit organizations working for environmental protection, which often represent the public interest in administrative disputes.
The published positions emphasized that the justification of the project – suggesting the elimination of the impact of social organizations on the legal situation of the parties to the proceedings – is not in line with the function that these organizations perform in the legal system. In the opinion of prof. Magdalena Bar and dr. Jerzy Jendrośka from the Jendrośka Chancellery Jerzmański Bar and partners Social organizations play a key role in controlling public activities and protecting the rule of law, and not in protecting his own interests.
International background obligations
According to critics, changes could lead to a violation of the provisions of the Convention with Aarhus, which regulates the access of citizens and organizations to justice in matters related to the environment. The convention requires equal treatment of non -governmental organizations dealing with environmental protection on an equal footing with people with legal interest.
Further doubts are raised by possible violations of EU directives, such as the EIA Directive regarding environmental impact assessment and the IED directive regulating industrial pollution. Adwokatka Karolina Kuszlewicz, cited by the studio for all beings, assessed that the proposal of the amendment “scalp” the right to the court and conflicts with the EU and international obligations of Poland.
Lawyers warn that the introduction of changes in the current shape would mean not only a limitation of the rights of ecological organizations, but also Weakening of control mechanisms over administrative decisions in matters related to environmental protection and civil rights.
