Scholarly record

PARTICIPATION OF SOCIAL ORGANISATIONS IN ADMINISTRATIVE PROCEDURES IN ENVIRONMENTAL MATTERS IN THE EUROPEAN UNION AND POLISH LEGAL SYSTEM

Magdalena Michalak, P. Kledzik

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.

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DOI resolver: doi.org/10.5593/sgemsocial2018/1.2/S02.092

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