MKIŚ wants to enable a complaint to the court for air protection programs

MKIŚ proposes changes in the Environmental Protection Act to enable interested parties to lodge a complaint to the administrative court on air protection programs and short -term plans in this area – according to an entry in the list of government work. The EC complained to the CJEU in this matter.

“Ensuring compliance with EU law requires statutory changes. To take into account the allegations of the Commission, it is – in the scope of air protection programs, their updates and short -term action plans – to introduce a clear provision constituting the possibility of lodging complaints by the interested community to the administrative court” – wrote in the entry in the list of government work.

As noted, the proposed changes in the regulations are aimed at ensuring compliance with EU regulations and withdrawing the complaint of the European Commission from the Court of Justice of the European Union (CJEU) regarding the lack of access to the judiciary in the field of air protection programs.

It is about the inability to appeal by the interested community, in particular ecological non -governmental organizations, air protection programs.

MKIŚ emphasizes that the EC indicates that now Polish administrative courts interpret the requirement to demonstrate legal interest in a restrictive manner, rejecting as unacceptable complaints lodged by the inhabitants of the area to which the case concerns, and by ecological organizations, due to the lack of demonstration of legal interest.

Designed provisions, among others They allow the possibility of lodging a complaint within 6 months from the date of announcement of the resolution on the air protection program, its update or short -term action plan.

“The indicated date will ensure the possibility of appealing against the above -mentioned documents while ensuring the implementation of the repair actions specified in them” – it was indicated.

The deadline for adopting the proposed changes in the entry (UC 112 project) by the government is the third quarter of 2025 (PAP Biznes)

JZ/ GOR/