Scholarly record
PARTICIPATION OF SOCIAL ORGANISATIONS IN ADMINISTRATIVE PROCEDURES IN ENVIRONMENTAL MATTERS IN THE EUROPEAN UNION AND POLISH LEGAL SYSTEM
Abstract
Under the European Union law regulations, social organisations whose statutory activities include promoting environmental protection (ecological organisations) have obtained extensive procedural rights in the area of administrative procedures in environmental matters requiring public participation. The solutions adopted in EU law have been transposed and adapted to the local conditions of individual Member States, including Poland. The regulations applicable in the above-mentioned scope regarding ecological organisations constitute lex specialis in relation to the norms of the Polish general administrative procedure. This procedure regulates the issue of participation of social organisations in administrative proceedings, recognising their procedural rights in a significantly narrower manner than in the case of specific regulations regarding ecological organisations. The objective of the study is to provide an analysis and comparison of procedural rights of ecological organisations resulting from EU and Polish law concerning environmental matters, as well as a comparison of these rights with the rights of social organisations adopted in the Polish general administrative procedure. On the basis of these considerations, the authors will also attempt to formulate de lege lata and de lege ferenda conclusions. The adopted methodology of work is based on the analysis of normative material of EU and Polish law, using the dogmatic-legal and legal-comparative method.
Publication Impact Profile
Publication details
References11
Convention drafted in Aarhus on 25 June 1998 on access to information, public participation in decision-making and access to justice in environmental matters. Poland ratified it on December 31, 2001 (Journal of Laws of 2003 (78) (706)).
Official Journal of 25 September 2006, L 264/13.
Official Journal of January 28, 2012, L 26/1.
Journal of Laws of 2017 (1405) as amended.
Journal of Laws of 2017 (1257) as amended.
Cf. Kledzik P., Działalność organizacji społecznych na rzecz realizacji celów publicznych. Studium administracyjno-prawne, Poland, 2013, p. 300.
Journal of Laws of 1997 (78) (483), as amended.
Gruszecki K., Prawo ochrony środowiska. Komentarz, Poland, 2008, p. 50.
See Judgment of the Provincial Administrative Court in Szczecin of July 20, 2010, Ref. II SA / Sz 980/10.
Adamiak B., Borkowski J., Kodeks postępowania administracyjnego. Komentarz, Poland, 2017, p. 261.
Act of 11 July 2014 amending the Act - Geological and Mining Law and some other acts (Journal of Laws of 2014 (1133) as amended).
View or Download full articleAccess options
SWS access login
Login as SWS Scientific CommitteeLogin as SWS Scientific PartnerLogin as SWS AuthorAuthors and approved SWS contributors will read and export their own linked papers after identity matching by SWS profile, email and SGEM GlobalID.
For librarian assistance: [email protected]
Purchase Instant Access
- Article can be downloaded after successful payment.
- Article may be used according to SWS library access terms.
- Article cannot be redistributed.
