Published: 2024-12-24

An extension of the right to file an appeal against an investment permit: remarks on the background to Article 86g of Poland’s EIA law

Agata Kosieradzka-Federczyk
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.4.04

Abstract

This paper analyses Article 86g of Poland’s legislation on environmental impact assessment, which entered statutory law in May 2021, in an amendment extending the scope of appeals against investment permits. The main research issue in this paper is to determine the legal status of actors entitled to appeal. They are not only the parties to proceedings concluded with the issuance of an investment permit, but also parties to proceedings for the issuance of an environmental decision. The legislator has not laid down a clear definition of the source of the right to bring a complaint. The analysis conducted in this paper shows that the complainants are not parties to proceedings concluded by the decision against which they may file an appeal, neither do they have a legal interest in complaining against that decision. The review proceedings initiated by applicants are basically in line with the function of review proceedings as referred to in the Polish Administrative Procedure Code (Kodeks postępowania administracyjnego, k.p.a.). However, the specific feature of an appeal is its scope: the grounds of the complaint should be limited to the scope within which the investment permit coincides with the decision on environmental conditions. The paper discusses the limited scope of appeals available under Article 86g and contrasts it with the appeal procedure defined in k.p.a.

Keywords:

appeal, environmental decision, party to administrative proceedings, legal interest, administrative proceedings, investment permit

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Citation rules

Kosieradzka-Federczyk, A. (2024). An extension of the right to file an appeal against an investment permit: remarks on the background to Article 86g of Poland’s EIA law. Zeszyty Prawnicze, 24(4), 67–91. https://doi.org/10.21697/zp.2024.24.4.04

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