A Glimpse of Environmental Procedural Democracy in Poland: Thwarting the Civil Society’s Pursuit of Legal Action Against Environmental Plans

Public participation in environmental matters through access to justice is an indispensable aspect of environmental democracy. It has become increasingly evident that this type of democratic social control over the activities of public authorities should also encompass legislative acts. This poses a significant challenge for the contemporary political-legal system, as is demonstrably evident in the case of Polish environmental plans. Civic control of the legality of such general acts, enacted by public administration bodies in legislative or special procedures, is implemented in two steps. Firstly, it takes the form of participation through comments or questions on the draft of a plan submitted by civic society during the preparatory stage of the law-making process. Secondly, the control focuses on the plans after they are enacted. At this point, it takes the form of legal actions brought by members of the public before national courts in order to investigate the material and procedural legality of environmental plans. However, at present the access to justice in this respect is limited. The aim of the article is to analyse the legal reasons for this deficiency of Polish environmental procedural democracy and to assess it in the light of Poland’s international obligations.