Admissibility of suspending the environmental decision pursuant toArt. 61 3 of the Act of 30 August 2002, Law on Proceedings beforeAdministrative Courts (p.p.s.a.)

Abstract

The commented decision of the Supreme Administrative Court concerns a substantial theoreticaland practical issues, that is the stay of execution of a contested environmental approvaldecision ordered by the voivodship administrative courts. The environmental approvaldecisions are governed by the provisions of Art. 86f of the Act of 8 October 2008 on the1 Prof. dr hab., Zakład Prawa Ochrony Środowiska, Katedra Prawa Administracyjnego i Nauki Administracji, WydziałPrawa i Administracji Uniwersytet Łódzki, ORCID: 0000-0003-2138-8609.10 PIOTR KORZENIOWSKIdisclosure of environmental information, environmental protection and public participationin such protection and on the assessment of impact on the environment (consolidated text:Journal of Laws of 2022, item 1029, as amended, hereinafter referred to as ‘u.u.i.ś’). The questionrequires a broader view of the problem of providing effective right of access to courts asfar as environmental protection issues are concerned. The finding in question is not the firstone of its kind; the Supreme Administrative Court has already expressed its opinion on stay ofexecution of disputed environmental approval decision ordered by court of justice in severalpreviously issued rulings, in accordance with Art. 61 3 p.p.s.a. in conjunction with Art. 86fsection 1 u.u.i.ś.

Keywords

• court of justice
• law
• premises
• stay of execution
• legal enforceability
• environmental approval