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ACCC/C/2016/151 Poland

Case status: Pending.
Follow-up:
Topics: Access to justice.
Articles alleged: 9 (3).
Articles considered by the Committee: -     
Articles, if any, found in non-compliance:
Summary: The communication was submitted to the Compliance Committee by the NGO ClientEarth on 27 October 2016. The communication alleged non-compliance with article 9 (3) of the Convention in relation to access to justice to challenge local laws that contravened national law relating to the environment.

Documents Status Date received or 
posted by the secretariat

Communication 
Annex 1: Chapter 10 of the Act on Communal Self-Government POL
Annex 2: Chapter 8 of the Act on Poviat Self-Government POL
Annex 3: Chapter 8 of the Act on Regional Self-Government POL
Annex 4: Chapter 2 of the Act of 30 August 2002 on the Law of Procedure before Administrative Courts POL
Annex 5: Chapter 4 of the Act on access to environmental information POL

From the communicant 27.10.2016
Annex 6: English translation of certain provisions of Polish law
Annex 7: Judgment I OSK 2143_11 POL
Annex 8: Judgment I OSK 2236_12 POL
Annex 9: Judgment II SA_Bk 507_13 POL
Annex 10: Judgment I OSK 1659_15 POL
Annex 11: Business register POL
   
Questions to the communicant from the Chair and Vice-Chair of the Committee From the secretariat 15.11.2017
Reply to Committee’s questions
Annex 1: Supreme Administrative Court judgment no. II OSK 1539/09, 18.12.2009 ENG
Annex 2: Supreme Administrative Court judgment no. II OSK 510/14, 30.07.2015 ENG
Annex 3: Regional Administrative Court judgment no. II/SA/Wr 383/17, 05.09.2017 ENG
From the communicant 26.01.2018
Annex 4: Supreme Administrative Court judgment no. II/OSK 1282/15, 15.02.2017 ENG
Annex 5: Supreme Administrative Court judgment no. II OSK 2671/16, 29.11.2017 ENG
Annex 6: Provincial Administrative Court Gliwice judgment no. II SA/Gl 639/17, 15.09.2017 ENG
   
Email enclosing judgement I OSK 3218.17 ENG POL From the communicant 05.03.2018
Letters to the Party concerned and the communicant enclosing Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response From the secretariat 22.03.2018
Response to communication From the Party concerned 22.08.2018
Comments on Party concerned's response From the communicant 31.10.2018
Letter seeking the parties’ views on whether they consider there are reasons for not considering communications ACCC/C/2016/151, ACCC/C/2017/154 and ACCC/C/2018/158 jointly From the secretariat 21.06.2019
Letter regarding whether there are reasons for not considering communications ACCC/C/2016/151, ACCC/C/2017/154, and ACCC/C/2018/158 jointly From the Party concerned 18.07.2019
Reply to Committee’s letter providing its views as to whether there are reasons for not considering communications ACCC/C/2016/151, ACCC/C/2017/154, and ACCC/C/2018/158 jointly From the communicant 18.07.2019
Update From the communicant 21.02.2022
Letter explaining how the Committee will proceed with respect to communications ACCC/C/2016/151, ACCC/C/2017/154, ACCC/C/2018/158 From the secretariat 28.03.2022
Letters inviting Party concerned and communicants of communications ACCC/C/2016/151, ACCC/C/2017/154 and ACCC/C/2018/158 to joint hearing at the Committee’s 75th meeting From the secretariat 05.04.2022
Letter enclosing questions from the Committee to the parties From the secretariat 04.05.2022
Reply to the Committee’s questions
Annexes 1-14
From the communicant 31.05.2022
Cover letter enclosing reply to Committee’s questions ENG  POL
Annex 1: Relevant provisions
From the Party concerned 08.06.2022 (dated 07.06.2022)
Opening statement for the joint hearing on communications ACCC/C/2016/151, ACCC/C/2017/154 and ACCC/C/2018/158 From the Party concerned 16.06.2022
Opening statement for the hearing on communications ACCC/C/2016/151 and ACCC/C/2017/154 From the communicant 16.06.2022
Joint statement delivered at hearing on communications ACCC/C/2016/151, ACCC/C/2017/154 and ACCC/C/2018/158 From the Party concerned 27.06.2022
Cover email enclosing letter ENG POL From the Party concerned 10.11.2022